[DOCID: f:pn9423.wais] CYPRUS EMERALD RESOURCES, INC. September 30, 1998 PENN 94-23 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10TH FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 September 30, 1998 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 94-23 Petitioner : A.C. NO. 36-04566-03980 v. : : CYPRUS EMERALD RESOURCES, INC., : Emerald No. 1 Respondent : DECISION ON REMAND APPROVING SETTLEMENT Before: Judge Hodgdon On August 24, 1998, the Commission issued a decision in this case vacating the judge's conclusion as to Order No. 3658698 "that Emerald violated section 77.1608(b) in December 1992," and remanded it "for reanalysis [sic] and, if necessary, S&S and unwarrantable determinations." Cyprus Emerald Resources Corp., Docket No. PENN 94-23, slip op. At 31 (August 24, 1998).[1] The Secretary, by counsel, has filed a motion to approve a settlement agreement with regard to the order. Modification of Order No. 3658698 from a 104(d)(1) order, 30 U.S.C. § 814(d)(1), to a 104(a) citation, 30 U.S.C. § 814(a), by deleting the "unwarrantable failure" designation and a reduction in penalty from $8,200.00 to $6,000.00 are proposed. Having considered the representations and documentation submitted, I conclude that the proffered settlement is appropriate under the criteria set forth in section 110(i) of the Act, 30 U.S.C. §820(i). Accordingly, the motion for approval of settlement is GRANTED, Order No. 3658698 is MODIFIED as indicated and the Respondent is ORDERED TO PAY a penalty of $6,000.00 within 30 days of the date of this order. T. Todd Hodgdon Administrative Law Judge Distribution Myrna A. Butkovitz, Esq., Office of the Solicitor, U.S. Department of Labor, Gateway Bldg., Rm. 14480, 3535 Market St., Philadelphia, PA 19104 (Certified Mail) R. Henry Moore, Esq., Buchanan Ingersoll, One Oxford Centre, 301 Grant St., 20th Floor, Pittsburgh, PA 15219-1410 (Certified Mail) /fb [1] Forthcoming as Cyprus Emerald Resources Corp., 20 FMSHRC 790 (August 1998).