[DOCID: f:shoulder.wais] DAVIS SHOULDERS, employed by PYRO MINING COMPANY June 19, 1995 KENT 92-17 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 June 19, 1995 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : : : v. : : Docket No. KENT 92-17 : DAVIS SHOULDERS, employed by : PYRO MINING COMPANY : : BEFORE: Jordan, Chairman; Doyle, Holen, and Marks, Commissioners ORDER BY THE COMMISSION: In this civil penalty proceeding pending on review, arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1988) ("Mine Act"), the Secretary of Labor has filed a Motion to Lift Stay and Dismiss Petition for Review. Respondent has not opposed the motion. In the proceeding below, Administrative Law Judge David F. Barbour concluded that section 110(c) of the Mine Act provides for individual liability only against agents of operators that are corporations. 14 FMSHRC 2099 (December 1992) (ALJ). In his petition for discretionary review, the Secretary asserted that conclusion is erroneous. In support of his motion, the Secretary states that this issue is controlled by the recent decision of the U. S. Court of Appeals for the District of Columbia Circuit in Sec. of Labor v. Shirel, No. 94-1030 (March 29, 1995) (per curiam). The court held that section 110(c) applies only to corporations, not to operators organized as corporate partnerships. Upon consideration of the Secretary's motion, we grant it. See generally Golden Oak Mining Co., 12 FMSHRC 1758 (September 1990). Accordingly, we dissolve the stay, vacate the direction for review and dismiss this proceeding. ____________________________________ Mary Lu Jordan, Chairman ____________________________________ Joyce A. Doyle, Commissioner ____________________________________ Arlene Holen, Commissioner ____________________________________ Marc Lincoln Marks, Commissioner