[DOCID: f:jwr95-2.wais] JIM WALTER RESOURCES, INC. January 24, 1995 SE 93-56-R FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET, N.W., SUITE 600 WASHINGTON, D.C. 20006 January 24, 1995 JIM WALTER RESOURCES, INC. : : v. : Docket Nos. SE 93-56-R : SE 93-132 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : : and : : UNITED MINE WORKERS OF AMERICA : BEFORE: Doyle, Holen and Marks, Commissioners[1] ORDER BY THE COMMISSION: In this consolidated contest and civil penalty proceeding pending on review, arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.  801 et seq. (1988), counsel for petitioner, Jim Walter Resources, Inc. ("JWR"), has filed a Motion to Withdraw Petition for Review. The Secretary of Labor and intervenor, United Mine Workers of America, have indicated that they do not oppose the motion. In the proceeding below, Administrative Law Judge Gary Melick concluded that JWR had violated 30 C.F.R.  75. 316 and that MSHA's rejection of a proposed modification to JWR's ventilation plan was not arbitrary or capricious. In support of its motion, JWR states: This case concerns MSHA's approval and interpretation of a model dust control plan at the company's four mines. At three of the mines, JWR has ceased operating under the terms of the disputed plan. At the remaining mine, MSHA's interpretation of the plan is now clear. . . . As such, further litigation with respect to this plan would not involve the best use of judicial, MSHA or JWR's resources. Motion at 1. Upon consideration of JWR's motion, we grant it. See Golden Oak Mining Co., L.P., 12 FMSHRC 1758 (September 1990). Accordingly, the Commission's direction for review is vacated and this proceeding is dismissed. ________________________________ Joyce A. Doyle, Commissioner ___________________________________ Arlene Holen, Commissioner ____________________________________ Marc Lincoln Marks, Commissioner **FOOTNOTES** [1]: Chairman Jordan has recused herself in this matter.