<DOC>
[DOCID: f:se2001113.wais]

 
BLACK GOLD TRUCKING COMPANY
August 22, 2001
SE 2001-113


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                   1730 K STREET NW, 6TH FLOOR

                     WASHINGTON, D.C.  20006


                         August 22, 2001

SECRETARY OF LABOR,              :
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA)          :
                                 :
          v.                     : Docket No. SE 2001-113
                                 :
BLACK GOLD TRUCKING COMPANY      :



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


                              ORDER

BY THE COMMISSION:

     This matter arises under the Federal Mine Safety and Health
Act of 1977, 30 U.S.C. � 801  et seq. (1994) ("Mine  Act"). On 
May 3, 2001, the Commission received from Black Gold Trucking
Company ("Black Gold") a request to reopen a penalty assessment
that had become a final order of the Commission pursuant to
section 105(a) of the Mine Act, 30 U.S.C. � 815(a).  In a letter
dated May 17, 2001, the Secretary of Labor informed the
Commission that Black Gold was cited in error in the above-
captioned case and that the Secretary's proceeding against the
company in this matter has been terminated.

     Because the underlying citation that gave rise to Black
Gold's motion to reopen has been terminated by the Secretary, 
we find the operator's motion to reopen moot.


     Accordingly, Black Gold's motion to reopen is denied.


                            Theodore F. Verheggen, Chairman

                            Mary Lu Jordan, Commissioner

                            James C. Riley, Commissioner

                            Robert H. Beatty, Jr., Commissioner


Distribution

Mike Perry, Partner
Black Gold Trucking Company
80 Warrior Avenue
Sumiton, AL 35148

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