[DOCID: f:k96-38.wais] THE PITTSBURG & MIDWAY COAL MINING COMPANY March 5, 1996 KENT 96-38 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 5, 1996 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. KENT 96-38 Petitioner : A.C. No. 15-17044-03573 v. : : Docket No. KENT 95-785 THE PITTSBURG & MIDWAY COAL : A.C. No. 15-17044-03570 MINING COMPANY, : Respondent : : Sebree #1 Mine DECISION Appearances: Arthur J. Parks, Conference & Litigation Representative, U.S. Department of Labor, Madisonville, Kentucky, for Petitioner; John H. Miller, Esq., The Pittsburg & Midway Coal Mining Company, Englewood, Colorado, for 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). During hearings the parties moved to approve a settlement agreement and to dismiss the cases. Deletion of the "Significant and Substantial" findings from Citation No. 4061992 and a reduction in penalty from $228 to $51 were proposed. I have considered the representations and documentation submitted, including testimonial and documentary evidence received at hearing, 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 $51 within 30 days of this order. Gary Melick Administrative Law Judge Distribution: Arthur J. Parks, Conference & Litigation Representative, U.S. Dept. of Labor, MSHA, 100 YMCA Drive, Madisonville, KY 42431 John H. Miller, Esq., The Pittsburg & Midway Coal Mining Company, P.O. Box 6518, Englewood, CO 80155-6518 /jf