[DOCID: f:pn9423x.wais] CYPRUS EMERALD RESOURCES May 18, 2000 PENN 94-23 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 Skyline, Suite 1000 5203 Leesburg Pike Falls Church, Virginia 22041 May 18, 2000 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 94-23 Petitioner : A. C. No. 36-05466-03980 v. : : Docket No. PENN 94-166 CYPRUS EMERALD RESOURCES, : A.C. No. 36-05466-03990 Respondent : : Emerald No. 1 Mine DECISION APPROVING SETTLEMENT ON REMAND Before: Judge Hodgdon This case is before me on remand from the Commission to assess a penalty for the only citation remaining in the case. Cyprus Emerald Resources Corp., 22 FMSHRC 285 (March 2000). The Secretary, by counsel, has filed a motion to approve a settlement agreement. A reduction in penalty from $3,000.00 to $1,000.00 is 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 and the Respondent is ORDERED TO PAY a penalty of $1,000.00 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, The Curtis Center, 170 S. Independence Mall West, Suite 630 East, Philadelphia, PA 19106-3306 R. Henry Moore, Esq., Buchanan Ingersoll, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219-1410 /fb