[DOCID: f:pn94448.wais] DOVERSPIKE BROTHERS COAL CO. April 20, 1995 PENN 94-448 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 April 20, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 94-448 Petitioner : A. C. No. 36-08191-03527 : v. : : Clutch Run Mine DOVERSPIKE BROTHERS COAL CO., : Respondent : DECISION APPROVING SETTLEMENT Before: Judge Weisberger 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 $3,200 to $2,200 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable 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 $2,200 within 30 days of this order. Avram Weisberger Administrative Law Judge Distribution: Gayle M. Green, Esq., Office of the Solicitor, U. S. Department of Labor, 14480-Gateway Bldg., 3535 Market Street, Philadelphia, PA 19104 Randall Rearick, General Manager of Mining, Doverspike Brothers Coal Co., Inc., R.D. #4, Box 271, Punxsutawney, PA 15767 \ml