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[DOCID: f:ws99368.wais]

 
VALLE CONSTRUCTION, LLC
October 12, 2000
WEST 99-368-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, 10th FLOOR
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041


                        October 12, 2000


SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. WEST 99-368-M
                   Petitioner    :  A.C. No. 02-02806-05501
          v.                     :
                                 :
VALLE CONSTRUCTION, LLC,         :
                   Respondent.   :
                                 :  Valle Construction Pit

                  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 settlement agreement and to dismiss the case.  A reduction
in penalty from $1,533.00 to $1,217.00 is proposed.  I have 
considered the representations and documentation submitted in 
this case, and I conclude that the proffered settlement is appro-
priate 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 $1,217.00
within 30 days of this order.


                                Avram Weisberger
                                Administrative Law Judge
                                703-756-6215


Distribution:

Alan M. Raznick, Esq., Office of the Solicitor, U.S. Department
of Labor, 71 Stevenson Street, Suite 1110, San Francisco, CA
94105

Norman Gobiel-Operations Manager, Valle Construction HCR 34, Box
B, Williams, AZ 86046

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