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[DOCID: f:p95-16.wais]

 
DUNKARD MINING COMPANY
June 22, 1995
Docket No. PENN 95-16


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041

                            June 22, 1995


SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. PENN 95-16
   Petitioner                    :   A. C. No. 36-01301-03685
           v.                    :
                                 :  Dunkard Mine
DUNKARD MINING COMPANY,          :
   Respondent                    :


                    DECISION APPROVING SETTLEMENT

Before:  Judge Maurer

     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 $1949 to $780 is proposed.  The
citations, initial assessments, and the proposed settlement
amounts are as follows:


CITATION NO.       INITIAL          PROPOSED
                   ASSESSMENT       SETTLEMENT

9952804             $  309           $   124
3672157                168                67
3672159                168                67
3672160                220                88
3672363                267               107
3672364                267               107
3672365                204                82
3672366                168                67
3672367                178                71

TOTAL               $ 1949           $   780


     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 respondent pay a penalty of $780 within 30
days of this order.


                                          Roy J. Maurer
                                          Administrative Law Judge


Distribution:

Linda M. Henry, Esq., Office of the Solicitor, U. S. Department of
Labor, 3535 Market Street, Room 14480, Philadelphia, PA 19104

Karl-Hans Rath, General Manager, Dunkard Mining Company, P. O. Box 8,
Dilliner, PA 15327

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