[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 Upon consideration of the motion, it is granted and Phelps' Motion for Relief from Final Order is withdrawn pursuant to Commission Procedural Rule 11, 29 C.F.R. § 2700.11.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