[DOCID: f:k94-1321.wais] PEABODY COAL COMPANY March 6, 1995 KENT 94-1321 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 6, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 94-1321 Petitioner : A.C. No. 15-14074-03669 v. : : Martwick U.G. Mine PEABODY COAL COMPANY, : Respondent : DECISION APPROVING PARTIAL SETTLEMENT AND STAY ORDER Appearances: Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Secretary; Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes Boyd, Henderson, Kentucky, for 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 the hearing Petitioner filed a motion to approve a partial settlement agreement proposing as to Citation Nos. 3863265 and 3863054 a reduction in penalty from $2,067 to $1,867. 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 partial settlement is GRANTED, and it is ORDERED that respondent pay a penalty of $1,867 within 30 days of this decision. Further proceedings as to Citation No. 3863055 are hereby STAYED pending further negotiations and testing by the Parties. Gary Melick Administrative Law Judge Distribution: Donna E. Sonner, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 (Certified Mail) Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes & Boyd, 120 North Ingram Street, Suite A, Henderson, KY 41420 (Certified Mail) /jf