<DOC>
[DOCID: f:yk9859.wais]

 
SAM PUGLIA EXCAVATING
May 6, 1999
YORK 98-59-M


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, Suite 1000
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041


                           May 6, 1999

SECRETARY OF LABOR,           :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :  Docket No. YORK 98-59-M
               Petitioner     :  A.C. No. 30-02566-05517
          v.                  :
                              :  Granby Pit
SAM PUGLIA EXCAVATING,        :
               Respondent     :


                  DECISION APPROVING SETTLEMENT

Before:  Judge Bulluck

     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 a settlement agreement and to dismiss this 
case. A reduction in penalty from $4,144.00 to $580.00 is 
proposed. The citations initial assessments, and the proposed
settlement amounts are as follows:

  Citation No.   Initial Assessment   Proposed Settlement

     7707680         $2,072.00             $290.00
     7707682         $2,072.00             $290.00

             Total   $4,144.00             $580.00

     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, it is ORDERED that Order Nos. 7707714 and 7707715 are 
VACATED, and that Respondent pay a penalty of $580 in three 
installments, in accordance with the payment schedule set 
forth in the settlement agreement.


                             Jacqueline R. Bulluck
                             Administrative Law Judge


Distribution:

Suzanne Demitrio, Esq., Office of the Solicitor, U.S. Department
of Labor, Room 707, New York, New York  10014

Mr. Sam Puglia, Sam Puglia Excavating, 1900 State Rt. 3, Fulton,
NY  13069

/nt