[DOCID: f:k95-781.wais] GLENN'S TRUCKING CO., INC. August 9, 1996 KENT 95-781 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 August 9, 1996 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 95-781 Petitioner : A.C. No. 15-11121-03504 DHO : v. : : GLENN'S TRUCKING CO., INC., : Roxana Plant Respondent : DECISION APPROVING SETTLEMENT 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). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $2,000 to $1,350 is proposed. 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 $1,350 within 30 days of this order. Gary Melick Administrative Law Judge Distribution: Thomas A. Grooms, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 Mr. Glenn Baker, Glenn's Trucking Co., Inc., 717 Kentucky Blvd., Hazard, KY 41701 /jf