NORFOLK & PORTSMOUTH BELT LINE RAILROAD COMPANY

OSHRC Docket No. 11329

Occupational Safety and Health Review Commission

April 1, 1975

� [*1] �

Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINION:

� BY THE COMMISSION: The herein matter was directed for review on March 13, 1975. � Respondent replied to the direction saying that it does not desire to pursue the matter further. � The decision of the administrative law judge accords with Commission precedent and is therefore adopted as the final decision of the Commission. � It is so ORDERED.

[The Judge's decision referred to herein follows]

CHALK, JUDGE: The sole issue raised in this case is whether Respondent railroad is subject to the provisions of 29 USC 651 et seq. Except for the recordkeeping charges, that issue has been resolved adversely to Respondent's claim of exemption ( Secretary v. Southern Pacific Transportation Company, Docket No. 1348, November 15, 1974).

Items 1 through 5 of Citation number 1 for nonserious violations are affirmed. � Penalties of $35.00 for item 1 and $30.00 for item 5 thereof are assessed. � Item numbers 6, 7, and 8 of said Citation are vacated.

SO ORDERED. �