[DOCID: f:y9624m-2.wais] ADVANCE STONE INCORPORATED March 20, 1997 YORK 96-24-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 20, 1997 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : Docket No. YORK 96-24-M Petitioner : A.C. No. 06-00636-05518 : v. : : New Milford Plant ADVANCE STONE INCORPORATED, : Respondent : DECISION APPROVING SETTLEMENT Before: Judge Bulluck This case is before me upon 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 $554.00 to $229.00 is proposed. The citations initial assessments, and the proposed settlement amounts are as follows: Initial Proposed Citation No. Assessment Settlement 4426541 $252.00 $104.00 4426542 50.00 21.00 4426544 252.00 104.00 TOTAL $554.00 $229.00[1] I have considered the representatives and documentation submitted in this case, and I conclude that theproffered 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 $229.00 within 30 days of this order. Jacqueline R. Bulluck Administrative Law Judge Distribution: Ralph R. Minichiello, Esq., Office of the Solicitor, U.. Department of Labor, One Congress Street, 11th Floor, P.O. Box 8396, Boston, MA 02114 (Certified Mail) Mr. Paul Kovacs, President, Advanced Stone Inc., 33 Boardman Road, New Milford, CT 06776 (Certified Mail) nt **FOOTNOTES** [1]:Motion for Approval of Settlement and Order contains mathematical error totalling penalty at $225.00, whereas $229.00 is corrected sum.