<DOC>
[DOCID: f:phelps.wais]

 
PHELPS DODGE MORENCI INC.
September 11, 1995
WEST 95-509-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                     1730 K STREET NW, 6TH FLOOR

                       WASHINGTON, D.C.  20006


                          September 11, 1995

SECRETARY OF LABOR,                :
  MINE SAFETY AND HEALTH           :
  ADMINISTRATION (MSHA)            :  Docket No. WEST 95-509-M
                                   :  A.C. No. 02-00024-05558
          v.                       :
                                   :
PHELPS DODGE MORENCI INC.          :
                                   :


                                 ORDER

    Counsel for Phelps Dodge Morenci Inc. ("Phelps") has filed a
motion to withdraw the Motion for Relief from Final Order it filed on
August 21, 1995.  Phelps explains that on August 30, it received a
letter from the Department of  Labor's Mine Safety and Health
Administration ("MSHA") rescinding the proposed penalty assessment
from which Phelps sought relief. Phelps attached a copy of the
letter to its motion to withdraw. Upon consideration of the motion,
it is granted and Phelps' Motion for Relief from Final Order is
withdrawn pursuant to Commission Procedural Rule 11, 29 C.F.R. 
� 2700.11.

                              For the Commission:

                              Mary Lu Jordan, Chairman