[DOCID: f:k94-1318.wais] WINN TRANSPORTATION CORP. March 7, 1995 KENT 94-1318 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 7, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-1318 Petitioner : A.C. No. 15-16482-03503QVW v. : : Browns Valley Mine WINN TRANSPORTATION CORP., : Respondent : DECISION APPROVING SETTLEMENT Appearances: Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for the Secretary of Labor; Carl Boyd, Esq., Henderson, Kentucky for the Respondent. Before: Judge Melick 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). At hearing Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Respondent agreed to pay the proposed penalty of $800. I have considered the representations and documentation submitted in this case, 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 $800 within 30 days of this order. Gary Melick Administrative Law Judge Distribution: Mary Sue Taylor, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 Carl Boyd, Esq., 120 N. Ingram Street, Henderson, KY 42430 /jf