“Docket No. 84-1168 SECRETARY OF LABOR, Complainant,v.U. S. STEEL CORPORATION, EASTERN STEEL DIVISION AND ITS SUCCESSORS,Respondent.OSHRC Docket No. 84-1168ORDERThe Commission accepts the Secretary’s notice of withdrawal.FOR THE COMMISSIONRay H. Darling, Jr.Executive Secretary Dated:\u00a0 OCT 7 1986WILLIAM E. BROCK, SECRETARY OF LABOR Complainant, v.U.S. STEEL CORPORATION, EASTERN STEEL DIVISION, and its successors Respondent.OSHRC Docket No. 84-1168SECRETARY’S NOTICE TO WITHDRAW CITATIONIn a decision dated November 22, 1985, Administrative Law Judge Irving Sommeraffirmed a citation for a willful violation of 29 CFR 1910.179(1)(3) which had been issuedby the Secretary on October 22, 1984.\u00a0 Respondent’s subsequent petition fordiscretionary review of the judge’s decision was granted by the Commission on January 10,1986. \u00a0 The Commission issued a briefing notice on July 16, 1986.The Secretary believes that the judge’s decision was correctly decided. \u00a0However, after extensive review of the record evidence and in view of Respondent’srepresentation that it is presently in compliance with the standard, the Secretary hasdetermined 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.\u00a0 Respondent’sattorney and the authorized employee representative have been contacted and have statedthat they have no objection to the withdrawal of the citation.Respectfully submitted,GEORGE SALEMSolicitor of Labor CYNTHIA ATTWOODAssociate Solicitor for Occupational Safety & HealthDANIEL J. MICKCounsel for Regional Trial LitigationORLANDO PANNOCHIA Attorney”