[DOCID: f:lk200064x.wais] SHELLY MATERIALS INC.--OSTRANDER PLANT November 7, 2000 LAKE 2000-64-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET, N.W., Room 6003 WASHINGTON, D. C. 20006-3867 Telephone No.: 202-653-5454 Telecopier No.: 202-653-5030 November 7, 2000 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. LAKE 2000-64-M Petitioner : A. C. No. 33-00168-05520 : v. : : SHELLY MATERIALS INC - : OSTRANDER PLANT, : Respondent : Mine: Shelly Materials Inc : Ostrander Plant DECISION APPROVING SETTLEMENT Before: Judge Barbour This case is before me upon a petition for assessment of a civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977. The Solicitor has filed a motion to approve settlement. A reduction in the penalty from $7,000.00 to $4,300.00 is proposed. 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 the operator pay a penalty of $4,300.00 within 30 days of this order. David Barbour Chief Administrative Law Judge Distribution: Maya K. Ewing, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604 Robert B. Mill, Vice President, Shelly Materials, Inc., P. O. Box 266, Thornville, OH 43076 /wd