[DOCID: f:yo9661m.wais] DREW DRILLING & BLASTING, INCORPORATED May 23, 1997 YORK 96-61-M FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET, N.W., 6TH FLOOR WASHINGTON, D. C. 20006-3868 May 23, 1997 SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. YORK 96-61-M Petitioner : A. C. No. 19-01034-05502 XEX : v. : DREW DRILLING & BLASTING, : INCORPORATED, : Labrie Stone Products Respondent : Incorporated DECISION APPROVING SETTLEMENT Before: Judge Merlin This case is before me upon a petition for assessment of the civil penalties under section 105(d) of the Federal Mine Safety and Health Act of 1977. The Solicitor has filed a motion to approve settlements. A reduction in penalties from $2,500 to $2,000 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlements are appropriate under the criteria set forth in section 110(i) of the Act. WHEREFORE, the motion for approval of settlements is GRANTED, and it is ORDERED that the operator pay a penalty of $2,000 within 30 days of this order. Paul Merlin Chief Administrative Law Judge Distribution: David L. Baskin, Esq., Office of the Solicitor, U. S. Department of Labor, Room E-375, John F. Kennedy Federal Building, Boston, MA 02203 Mr. Edwin Drew, President, Drew Drilling & Blasting Inc., P. O. Box 519, Thomaston, CT 06787 /gl