[DOCID: f:ct97154.wais] BLUE CIRCLE, INCORPORATED July 15, 1998 CENT 97-154-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 July 15, 1998 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. CENT 97-154-M Petitioner : A.C. No. 34-00026-05597 v. : : Docket No. CENT 97-155-M BLUE CIRCLE, INCORPORATED, : A. C. No. 34-00026-05598 Respondent : : Docket No. CENT 97-156-M : A. C. No. 34-00026-055 : : Docket No. CENT 97-157-M : A. C. No. 34-00026-05600 : : Docket No. CENT 97-158-M : A. C. No. 34-00026-05601 : : Tulsa Plant DECISION ON REMAND APPROVING SETTLEMENT Before: Judge Melick These cases are before me upon petitions 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 a settlement agreement and to dismiss the cases. Modification and vacation of certain citations and a reduction in overall penalties to $8,848.00, have been proposed. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is acceptable 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 $8,848.00, within 30 days of this order. Gary Melick Administrative Law Judge Distribution: Mary K. Schopmeyer, Esq., Office of the Solicitor, U.S. Dept. of Labor, 525 South Griffin St., Suite 501, Dallas, TX 75202 Daniel J. Haupt, Conference & Litigation Representative, U.S. Dept. of Labor, Mine Safety and Health Administration (MSHA), 1100 Commerce St., Room 4C50, Dallas, TX 75242 C. Gregory Ruffennach, Esq., 450 East 3rd Avenue, Durango, CO 81301 /mca