[DOCID: f:k94-1319.wais] WINN CONSTRUCTION COMPANY,INC. March 7, 1995 KENT 94-1319 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 PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-1319 Petitioner : A.C. No. 15-16482-03522 v. : : Browns Valley Mine WINN CONSTRUCTION COMPANY,INC., : Respondent : Docket No. KENT 95-62 : A.C. No. 15-17458-03504 : : Maxwell Mine : : Docket No. KENT 95-63 : A.C. No. 15-17376-03505 : : Free Silver Mine 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 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). At hearing Petitioner filed a motion to approve a settlement agreement and to dismiss the cases. A reduction in penalty from $27,500 to $9,700 was 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 $9,700 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