[DOCID: f:s95-143.wais] . JIM WALTER RESOURCES, INC. August 24, 1995 SE 95-143 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, SUITE 1000 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 August 25, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. SE 95-143 Petitioner : A.C. No. 01-01322-03990 : v. : : No. 5 Mine JIM WALTER RESOURCES, INC., : Respondent : DECISION Appearances: William Lawson, Esq., Office of the Solicitor, U.S. Department of Labor, Birmingham, Alabama, for the Petitioner; R. Stanley Morrow, Esq., Birmingham, Alabama, for the Respondent. Before: Judge Melick 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). At hearings Petitioner filed a motion to approve a settlement agreement and to dismiss the case. Vacation of Citation No. 3182463 and a reduction in penalty for the remaining violations from $19,500 to $10,500 were proposed. I have considered the representations and documentation submitted in this case, including the representations on the record at hearing, 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 $10,500 within 30 days of this order. Gary Melick Administrative Law Judge Distribution: William Lawson, Esq., Office of the Solicitor, U.S. Dept. of Labor, Highpoint Office Center, Suite 150, 100 Centerview Drive, Birmingham, AL 35216 R. Stanley Morrow, Esq., Jim Walter Resources, Inc., P.O. Box 133, Birmingham, AL 35444 /jf