[DOCID: f:y94-73m.wais] CONSTRUCTION MATERIALS CORP. August 4, 1995 YORK 94-73-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 August 4, 1995 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. YORK 94-73-M Petitioner : A.C. No. 37-00181-05505 v. : : Construction Materials CONSTRUCTION MATERIALS CORP., : 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 settlement agreement and to dismiss the case. A reduction in penalty from $645 to $516 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate 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 $516 within 30 days of this order. Avram Weisberger Administrative Law Judge Distribution: Gail E. Glick, Esq., Office of the Solicitor, U.S. Department of Labor, One Congress Street, 11th Floor, P.O. Box 8396, Boston, MA 02114 John W. Douglas, III, Vice President, Construction Materials Corporation, 810 Fish Road, Tiverton, RI 02878