<DOC>
[DOCID: f:weva9965.wais]

 
RIVER POINT PROCESSING INC.
April 15, 1999
WEVA 99-65


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                   1730 K STREET NW, 6TH FLOOR

                     WASHINGTON, D.C.  20006


                         April 15, 1999


SECRETARY OF LABOR,            :
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA)        :
                               :
          v.                   :  Docket No. WEVA 99-65
                               :
RIVER POINT PROCESSING INC.    :


BEFORE:  Jordan, Chairman; Marks, Riley, Verheggen, 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 March 5, 1999, the Commission received from River Point
Processing Inc. ("River Point") 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).

     Under section 105(a) of the Mine Act, an operator has 30
days following receipt of the Secretary of Labor's proposed
penalty assessment within which to notify the Secretary that 
it wishes to contest the proposed penalty.  If the operator 
fails to notify the Secretary, the proposed penalty assessment 
is deemed a final order of the Commission. 30 U.S.C. � 815(a).

     In its motion, River Point states that its facility was 
shut down at the time the assessment issued. The operator also
requests that the $55.00 proposed penalty assessment be waived
due to the operator's dissolution in bankruptcy court.

     On March 26, 1999, the Commission received a memorandum 
from Tamara Nelson, Chief of the Compliance Group with the
Department of Labor's Civil Penalty Compliance Office. In the
memorandum Ms. Nelson states that, because River Point 
Processing Inc. was sold on August 20, 1998, and is no longer 
in the mining business, the case is being closed as
uncollectible.

     Based on the foregoing, we deny River Point's motion to
reopen as moot.  See generally Phelps Dodge Morenci Inc., 17
FMSHRC 1525 (Sept. 1995) (granting motion to withdraw Motion 
for Relief from Final Order where proposed penalty assessment 
was rescinded).  Accordingly, this proceeding is dismissed.


                              Mary Lu Jordan, Chairman

                              Marc Lincoln Marks, Commissioner

                              James C. Riley, Commissioner

                              Theodore F. Verheggen, Commissioner

                              Robert H. Beatty, Jr., Commissioner


Distribution

Gary L. Tincher, Safety Consultant
Tincher Safety, Inc. for River Point Processing
P.O. Box 38
Cabin Creek WV 25035

Tamara Nelson
Office of Civil Penalty Compliance
MSHA U.S. Department of Labor
4015 Wilson Boulevard, 9th Floor
Arlington, VA 22203

Sheila Cronan, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., Suite 400
Arlington, VA 22203