FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
601 New Jersey Avenue, NW, Suite 9500
Washington, DC 20001

July 8, 2005

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Petitioner

v.

U.S. STEEL MINING COMPANY, INC.
Respondent

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CIVIL PENALTY PROCEEDING

Docket No. SE 2002-126
A. C. No. 01-00329-03591

 

Concord Mine

DECISION APPROVING SETTLEMENT

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). The case was remanded by the Commission on May 16, 2005, for further proceedings. Petitioner has now filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty to $25.00, 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 $25.00, within 40 days of this order.

Gary Melick
Administrative Law Judge



Distribution: (First Class Mail)

Anthony Jeselnik, Esq., U.S. Steel Tower, Fifteenth Floor, 600 Grant Street, Pittsburgh, PA 15219

/lh