“SECRETARY OF LABOR,Complainant,v.U. S. STEEL CORPORATION,EASTERN STEEL DIVISION ANDITS SUCCESSORS,Respondent.OSHRC Docket No. 84-1168_ORDER_The Commission accepts the Secretary’s notice of withdrawal.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: OCT 7 1986WILLIAM E. BROCK, SECRETARY OF LABORComplainant,v.U.S. STEEL CORPORATION, EASTERNSTEEL DIVISION, and its successorsRespondent.OSHRC Docket No. 84-1168_SECRETARY’S NOTICE TO WITHDRAW CITATION_In a decision dated November 22, 1985, Administrative Law Judge IrvingSommer affirmed a citation for a willful violation of 29 CFR1910.179(1)(3) which had been issued by the Secretary on October 22,1984. Respondent’s subsequent petition for discretionary review of thejudge’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 ofRespondent’s representation that it is presently in compliance with thestandard, the Secretary has determined that further litigation of thiscase is not merited.WHEREFORE, the Secretary hereby withdraws the citation issued toRespondent on October 22, 1984, and requests the Commission to set asidethe judge’s decision. Respondent’s attorney and the authorized employeerepresentative have been contacted and have stated that they have noobjection to the withdrawal of the citation.Respectfully submitted,GEORGE SALEMSolicitor of LaborCYNTHIA ATTWOODAssociate Solicitor forOccupational Safety & HealthDANIEL J. MICKCounsel for RegionalTrial LitigationORLANDO PANNOCHIAAttorney”