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[DOCID: f:p95-80.wais]

 
CYPRUS EMERALD RESOURCES CORP.
July 17, 1995
Docket No. PENN 95-80


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                               July 17, 1995


 SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. PENN 95-80
   Petitioner                   :  A.C. No. 36-05466-04033
          v.                    :
                                :  Mine:  Emerald No. 1
CYPRUS EMERALD RESOURCES        :
  CORP.,                        :
   Respondent                   :


                  DECISION APPROVING SETTLEMENT

Appearances:  Joseph T. Crawford, Esq., Office of the
              Solicitor, U.S. Department of Labor,
              Philadelphia, Pennsylvania, for Petitioner;
              R. Henry Moore, Esq., Buchanan, Ingersoll, P.C.,
              Pittsburgh, Pennsylvania, for Respondent.

Before:  Judge Amchan


     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, 30 U.S.C. § 801 et seq.  Upon commencement
of the hearing on May 31, 1995, the parties advised me that they
had achieved a settlement of the entire case.  The terms of the
settlement are as follows:

     Order No. 3668845:  The penalty is reduced from $1,000 to $600.

     Order No. 3668699:  The penalty is reduced from $5,500 to $4,000.

     Order No. 3672349:  This order is modified to a section 104(a)
citation.  The unwarrantable failure
allegation is deleted and the penalty is reduced from $5,000 to
$2,000.

     Order No. 3672354:  This order is modified to a section 104(a)
citation.  The unwarrantable failure
allegation is deleted and the penalty is reduced from $4,200 to
$3,000.

     Order No. 3672355:  This order is modified to a section 104(a)
citation.  The unwarrantable failure
allegation is deleted and the penalty is reduced from $9,500 to
$6,000.

     I have considered the representations and documentation submitted
and I conclude that the proffered settlement is consistent with the
criteria in section 110(i) of the Act.

                              ORDER

     WHEREFORE IT IS ORDERED that the motion for approval of settlement
is GRANTED and Respondent shall pay the approved penalties within 30 days
of this decision.  Upon such payment this case is DISMISSED.


                                               Arthur J. Amchan
                                               Administrative Law Judge


Distribution:

Joseph T. Crawford, Esq., Office of the Solicitor,
U.S. Department of Labor, 14480 Gateway Building,
3535 Market Street, Philadelphia, PA 19104

R. Henry Moore, Esq., Buchanan Ingersoll, P.C.,
600 Grant Street, 58th Floor, Pittsburgh, PA 15219-2887

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