Miller Mining Company, Inc. v. Federal Mine Safety and Health Review Commission Secretary of Labor, Mine Safety and Health Administration

J. BLAINE ANDERSON, Circuit Judge:

Miller Mining Company, Inc. (“MMC”) was cited by the Mine Safety and Health Administration (“MSHA”) for violation of a withdrawal order issued under section 103(k) of the Federal Mine Safety and Health Act of 1977 (“Act”), 30 U.S.C. § 813(k) (Supp. V, 1981). MMC appeals the decision of the Federal Mine Safety and Health Review Commission (“Commission”) upholding the citation. We affirm.

I. BACKGROUND

On August 8,1980, a fire broke out in the main mine tunnel of the Miller Mine in Altaville, California. Officials of MMC, the owner, evacuated the mine, sealed the…