SECRETARY OF LABOR,

Complainant,

v.

C.F. & I STEEL CORPORATION,
Respondent.

OSHRC Docket No. 81-0454

ORDER

The Commission treats the Secretary's notice of withdrawal of citation as a motion to withdraw the citation.  The Commission grants the Secretary's motion, vacates the order of the Administrative Law Judge, and dismisses the citation and complaint.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

Dated:  MAR 2 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR,
Complainant,
v.

C.F. & I. STEEL CORPORATION,
Respondent,

and

UNITED STEEL WORKERS OF AMERICA,
AFL-CIO, Local 2102,

Authorized Employee
Representative.

OSHRC DOCKET
No. 81-0454

SECRETARY'S NOTICE OF WITHDRAWAL OF CITATION
In a decision dated May 24, 1982, Administrative Law Judge James A. Cronin, Jr. affirmed a citation issued to respondent for a violation of 29 CFR 1910.1029(f)(4)(i), which citation had been issued by the Secretary on January 21, 1981.  Respondent's subsequent petition for discretionary review of the judge's decision regarding this citation was granted by the Commission.

Complainant has been informed by counsel for respondent and the authorized employee representative that respondent has permanently ceased operation of it's coke oven facility at the worksite in question.  In addition, after further review of the record in this case the Secretary has determined that further adjudication of this matter is not warranted.  Copies of this notice have been served on respondent and the authorized employee representative.

Wherefore, the Secretary hereby withdraws the citation for violation of 29 CFR 1910.1029(f)(4)(1) and requests that the judge's decision on the citation be set aside.

Respectfully submitted,

FRANCIS X. LILLY
Solicitor of Labor

FRANK A. WHITE
Associate Solicitor for Occupational
Safety and Health

DANIEL J. NICK
Counsel for Regional Trial Litigation

KENNETH A. HELLMAN
Assistant Counsel for Regional
Trial Litigation


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