“Docket No. 78-5919 OLIN CORPORATION OSHRC Docket No. 78-5919 Occupational Safety and Health Review Commission December 23, 1982 ?[*1]? Before: CLEARY and COTTINE, Commissioners. * * Chairman Rowland took no part in the consideration or decision of the case. COUNSEL: Office of the Solicitor, USDOL Albert Ross, Reg. Sol., USDOL Ian P. Spier, Assistant Labor Counsel, Olin Corporation, For Employer OPINION: ORDER OF REMAND BY THE COMMISSION: ? In accordance with the decision of the U.S. Supreme Court in American Textile Manufacturing Institute, Inc. v. Donovan, 101 S. Ct. 2478 (1981) (\”ATMI\”), the Commission held that \”feasible\” under the occupational noise standard means achievable.? The Commission overruled the cost-benefit test of feasibility previously set forth in Continental Can Co., 76 OSAHRC 109\/A2, 4 BNA OSHC 1541, 1976-77 CCH OSHD P21,009 (No. 3973, 1976), appeal withdrawn, No. 76-3229 (9th Cir. Apr. 26, 1977), and substituted a test consistent with ATMI. In view of this intervening change in law, the judge’s decision with respect to the alleged violation of section 1910.95(b)(1) is vacated.? The case is remanded for further proceedings, including evidentiary submissions, so that the interrelated [*2]? issues of technological and economic feasibility can be reconsidered in light of the test of feasibility established by Sun Ship, Inc. SO ORDERED.? “