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[DOCID: f:cent99153.wais]

 
REINTJES OF THE SOUTH, INC.
August 19, 1999
CENT 99-153-RM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                   1730 K STREET NW, 6TH FLOOR

                     WASHINGTON, D.C.  20006


                         August 19, 1999

SECRETARY OF LABOR,              :
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA)          :
                                 :
            v.                   : Docket No. CENT 99-153-RM
                                 :
REINTJES OF THE SOUTH, INC.      :

BEFORE: Jordan, Chairman; Marks, Riley, Verheggen, and Beatty,
        Commissioners

                              ORDER

BY THE COMMISSION:

     On June 24, 1999, the Commission granted a petition 
for discretionary review filed by Reintjes of the South, 
Inc. ("Reintjes") challenging Administrative Law Judge Avram
Weisberger's Order of Dismissal in which he granted the 
Secretary of Labor's motion for summary decision, denied 
Reintjes' motion for summary decision, and dismissed Reintjes'
notice of contest with respect to Citation No. 7867335, as 
modified.  Order at 3-4 (May 17, 1999) (unpublished).

     On August 12, 1999, pursuant to Commission Procedural 
Rule 11, 29 C.F.R. � 2700.11, Reintjes filed an unopposed 
motion to withdraw its petition for discretionary review.  
At the time Reintjes filed its petition for discretionary 
review, a civil penalty had not been proposed for Citation 
No. 7867335. A civil penalty of $100.00 has now been proposed 
for the citation and Reintjes has agreed to pay the penalty 
in full, without modification of the citation.  Reintjes states 
that the Secretary has no objection to its motion to withdraw 
its petition. Upon consideration of Reintjes' motion to dismiss 
the appeal, we grant it.  Accordingly, the Commission's
direction for review in this matter is vacated and Reintjes'
appeal is dismissed.


                          ____________________________________
                          Mary Lu Jordon, Chairman
                              
                          ____________________________________
                          Marc Lincoln Marks, Commissioner
                              
                          ____________________________________
                          James C. Riley, Commissioner
                              
                          ____________________________________
                          Theodore F. Verheggen, Commissioner
                              
                          ____________________________________
                          Robert H. Beatty, Jr., Commissioner


Distribution

Mark N. Savit, Esq.
Adele L. Abrams, Esq.
Patton Boggs, LLP
2550 M Street, N.W.
Washington, D.C.  20037

Stephen Irving, Esq.
Office of the Solicitor
U.S. Department of Labor
525 South Griffin St., Suite 501
Dallas, TX 75202

W. Christian Schumann, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., Suite 400
Arlington, VA 22203

Administrative Law Judge Avram Weisberger
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
5203 Leesburg Pike, Suite 1000
Falls Church, VA 22041