SECRETARY OF LABOR, Complainant, v. TONAWANDA COKE CORPORATION, Respondent. OSHRC Docket No. 80-4850 _ORDER_ The Commission treats the Secretary's notice of withdrawal of item 4 of the citation as a motion to withdraw that item of the citation, and grants the Secretary's motion. FOR THE COMMISSION Ray H. Darling, Jr. Executive Secretary Dated: MAR 9 1984 RAYMOND J. DONOVAN, SECRETARY OF LABOR, Complainant, v. TONAWANDA COKE CORPORATION, Respondent. LOCAL 12572, UNITED STEELWORKERS OF AMERICA, Authorized Employee Representative. OSHRC Docket No. 80-4850 _SECRETARY'S NOTICE OF WITHDRAWAL OF CITATION_ In a decision dated March 15, 1983, Administrative Law Judge David J. Knight affirmed a serious citation issued to respondent for a violation 29 CFR § 1910.1029(4)(i), which citation had been issued by the Secretary on July 25, 1980. Respondent's subsequent petition for discretionary review of the judge's decision regarding this citation item was granted by the Commission on April 28, 1983. After further review of the record in this case the Secretary has determined that further adjudication of this matter is not warranted. Copies of this notice have been served on respondent and the authorized employee representative. WHEREFORE, the Secretary hereby withdraws item 4 of the citation issued to respondent on July 25, 1980 alleging a serious violation of 29 CFR § 1910.1029(4)(i) and requests that the judge's decision on this item be set aside. Respectfully submitted, FRANCIS X. LILLY Deputy Solicitor of Labor FRANK A. WHITE Associate Solicitor for Occupational Safety & Health DANIEL J. MICK Counsel for Regional Trial Litigation LINTON W. HENGERER Attorney ------------------------------------------------------------------------ The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office by e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).