<DOC>
[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)

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     [1]  Forthcoming as Cyprus Emerald Resources Corp., 20
FMSHRC 790 (August 1998).