[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 dcp