[DOCID: f:k95-1.wais] DEBY COAL COMPANY, INC. July 25, 1995 KENT 95-1 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 July 25, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 95-1 Petitioner : A. C. No. 15-04455-03529 v. : : Docket No. KENT 95-2 DEBY COAL COMPANY, INC., : A. C. No. 15-04455-03530 Respondent : : Prep Plant DECISION APPROVING SETTLEMENT Before: Judge Weisberger These cases are before me upon a petition for assessment of civil penalties under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion for settlement asserting that the subject 104(b) orders should be vacated, and that no penalty should be assessed for the subject 104(a) citations. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate 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 these cases be DISMISSED. Avram Weisberger Administrative Law Judge Distribution: Susan E. Foster, Esq., Office of the Solicitor, U. S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 Jack McGhee, President, Deby Coal Company, Inc., P. O. Box 986, London, KY 40743 dcp