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 ------------------------------------------------------------------------ The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office be e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).