Ezel / Agency Decisions / PENN 86-214

United States Steel Mining Company, Incorporated (ALJ decision, October 1, 1986)

United States Steel Mining Company, Incorporated (FMSHRC PENN 86-214): Withdrawn battery-lid citations dismissed

Decision type
ALJ decision
Docket
PENN 86-214
Decided
October 1, 1986
Presiding judge
Paul Merlin
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-19
Cited standards
30 C.F.R. § 75.503
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1986
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

MSHA cited United States Steel Mining Company over battery lids on two scoops at its Cumberland Mine. The citations alleged violations of 30 C.F.R. § 75.503. MSHA withdrew both citations after two earlier cases with nearly identical facts had found no violation. The Secretary then moved to withdraw the penalty petition. Judge Paul Merlin granted the motion and dismissed the case without assessing a penalty.

Decision snapshot

  • Cited standard: 30 C.F.R. § 75.503
  • Outcome: The penalty petition was withdrawn and the case dismissed after MSHA withdrew both citations; no penalty was assessed.
  • Key point: The judge accepted withdrawal where prior decisions on nearly identical facts had found no violation.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. U. S. STEEL MINING
DDATE:
19861001
TTEXT:

~1511

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. PENN 86-214
PETITIONER
A.C. No. 36-05018-03604
v.
Cumberland Mine
UNITED STATES STEEL MINING
COMPANY, INCORPORATED,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Merlin

The Solicitor has filed a motion to withdraw his penalty petition in this case. The Solicitor represents that the two citations involved were withdrawn by MSHA on August 11, 1986. Both citations were issued for violations of 30 C.F.R. 75.503 because, in the opinion of the inspector, the battery lids on two scoops were not properly fastened. The facts presented by these citations are almost identical to those in two previous cases in which no violation was found. Secretary of Labor v. United States Steel Mining Co., Inc., 6 FMSHRC 155, 156 (1984); Secretary of Labor v. United States Steel Mining Co., Inc., 6 FMSHRC 1510, 1518 (1984). Therefore, the withdrawal of the two citations and the penalty petition is proper.

Accordingly, the motion to withdraw the penalty petition is GRANTED and this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge

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