[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