[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 /sct