SECRETARY OF LABOR,
Complainant,

v.

U. S. STEEL CORPORATION,
EASTERN STEEL DIVISION AND
ITS SUCCESSORS,
Respondent.

OSHRC Docket No. 84-1168

ORDER

The Commission accepts the Secretary's notice of withdrawal.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

Dated:  OCT 7 1986


WILLIAM E. BROCK, SECRETARY OF LABOR
Complainant,

v.

U.S. STEEL CORPORATION, EASTERN
STEEL DIVISION, and its successors
Respondent.

OSHRC Docket No. 84-1168

SECRETARY'S NOTICE TO WITHDRAW CITATION

In a decision dated November 22, 1985, Administrative Law Judge Irving Sommer affirmed a citation for a willful violation of 29 CFR 1910.179(1)(3) which had been issued by the Secretary on October 22, 1984.  Respondent's subsequent petition for discretionary review of the judge's decision was granted by the Commission on January 10, 1986.   The Commission issued a briefing notice on July 16, 1986.

The Secretary believes that the judge's decision was correctly decided.   However, after extensive review of the record evidence and in view of Respondent's representation that it is presently in compliance with the standard, the Secretary has determined that further litigation of this case is not merited.

WHEREFORE, the Secretary hereby withdraws the citation issued to Respondent on October 22, 1984, and requests the Commission to set aside the judge's decision.  Respondent's attorney and the authorized employee representative have been contacted and have stated that they have no objection to the withdrawal of the citation.


Respectfully submitted,

GEORGE SALEM
Solicitor of Labor

CYNTHIA ATTWOOD
Associate Solicitor for
Occupational Safety & Health

DANIEL J. MICK
Counsel for Regional
Trial Litigation

ORLANDO PANNOCHIA
Attorney