[DOCID: f:c94-198m.wais] F. W. CONTRACTORS INCORPORATED May 10, 1995 CEMT 94-198-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 May 10, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. CENT 94-198-M Petitioner : A.C. No. 41-03766-05503 : v. : Tarrant Aggregate #2 : F W CONTRACTORS INCORPORATED, : Respondent : DECISION APPROVING SETTLEMENT Before: Judge Weisberger This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve settlement agreement and to dismiss the case. A reduction in penalty from $2700 to $2025 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act. WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $2025 within 30 days of this order. Avram Weisberger Administrative Law Judge Distribution: Jack F. Ostrander, Esq., Office of the Solicitor, U.S. Department of Labor, 525 Griffin St., Suite 501, Dallas, TX 75202 Paul G. Johnston, Safety Director, F W Contractors Incorporated, P.O. Box 185219, Fort Worth, TX 76181 /ml