<DOC>
[DOCID: f:ce9641.wais]

 
WILLIAM W. LONG, employed by APAC, ARKANSAS INCORPORATED
July 26, 1996
CENT 96-41-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                  1730 K STREET N.W., 6TH FLOOR
                    WASHINGTON,  D.C.  20006


                          July 26, 1996

SECRETARY OF LABOR,              :    CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :    Docket No. CENT 96-41-M
          Petitioner             :    A. C. No. 03-00039-05512A
                                 :
     v.                          :    West Fork Quarry & Plant
                                 :
WILLIAM W. LONG, EMPLOYED BY     :
  APAC, ARKANSAS INCORPORATED,   :
  McCLINTON-ANCHOR DIVISION,     :
          Respondent             :

                    ORDER ACCEPTING RESPONSE
                  DECISION APPROVING SETTLEMENT
                       ORDER OF DISMISSAL

Before:  Judge Merlin

    This  case  is before me upon a petition for
assessment of a civil  penalty under section 110(c)
of the Federal Mine Safety and Health Act of 1977.

    On April 30, 1996,  I disapproved the $300
settlement motion submitted by the parties and
ordered them to submit information to upport their
motion and directed the Solicitor to file the
penalty petition along with all the required
exhibits. On May 10, 1996, the Solicitor filed the
penalty petition and exhibits, and on July 11, 1996,
the parties submitted a second joint motion to
approve settlement.

    The civil penalty in this case was issued against
the respondent, William Long, pursuant to  section
110(c) of the Act, 30 U.S.C. � 820(c), based  upon
Citation No. 4322730 which alleged a violation  of
section 56.12016 of the mandatory standards.
30  C.F.R.  �  56.12106.  Citation No. 4322730 was
issued against Mr. Long's employer, APAC, Arkansas
Incorporated, McClinton-Anchor  Division,  because
the oversize conveyor belt was not deenergized and
locked  out before employees removed a large  rock
and applied belt dressing to the head pulley.  The
violation  resulted  in an injury.  Section 110(c)
provides  for the assessment  of  civil  penalties
against  individual  agents  of  an  operator  for
knowing and  wilful  violations.   The  originally
assessed   penalty   was  $600  and  the  proposed
settlement now is $600  which  the  respondent has
already paid.

    I accept the parties' representations and conclude
that the settlement is appropriate under the six criteria
set forth in section 110(i) of the Act.

    In light of the foregoing, it is ORDERED that the
settlement motion filed on July 11 is ACCEPTED as a
response to the April 30 order.

    It is further ORDERED that the recommended settlement
for this case be APPROVED, and that the respondent
having paid, this case is DISMISSED.





                         Paul Merlin
                         Chief Administrative Law Judge


Distribution: (Certified Mail)

Connie M. Ackermann, Esq., Office of the Solicitor,
U.S. Department of Labor,  525 Griffin St., Suite 501,
Dallas, TX 75202

G. Bert Clark, Jr., Esq., APAC-Arkansas Inc.,
900 Ashwood Parkway, Suite 700, Atlanta, GA 30338-4780


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