“Docket No. 82-1166 SECRETARY OF LABOR, Complainant,v.CULBERSON WELL SERVICE, Respondent.OSHRC DOCKET NO. 82-1166ORDER In light of Respondent’s failure to respond to the Commission’s Order ofFebruary 13, 1984, and the Secretary’s Motion to Dismiss Respondent’s Petition forDiscretionary Review of March 9, 1984, the Commission grants the Secretary’s Motion toDismiss Respondent’s Petition for Review and vacates the Direction for Review.FOR THE COMMISSIONRAY H. DARLING, JR. EXECUTIVE SECRETARYDated:\u00a0 APR 24 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.CULBERSON WELL SERVICE,Respondent.OSHRC DOCKET NO. 82-1166SECRETARY’S MOTION TO DISMISS RESPONDENT’SPETITION FOR DISCRETIONARY REVIEWRaymond J. Donovan, Secretary of Labor, respectfully moves that theCommission dismiss respondent’s petition for discretionary review in the instant case andaffirm the judges decision.In support of this motion, the Secretary states:1.\u00a0 On June 20, 1983, Commission Administrative Law Judge Dee C. Blytheissued his decision in this matter.\u00a0 He found respondent in serious violation ofsection 5(a)(2) of the Act and the standards at 29 CFR ?? 1915.7(a)(1),1915.12(c)(1)(ii), and 1915.152(b)(3).\u00a0 A penalty of $600 was assessed.\u00a0 Thejudge specifically found that the employees at issue in this case were not \”crew ofthe vessel\” as that phrase is used in ? 1915.4(d) and accordingly such employeeswere not exempt from coverage under the Secretary’s regulations.2.\u00a0 On August 11, 1983, respondent filed a petition for discretionary review with theCommission.\u00a0 On August 15, 1983, Chairman Robert A. Rowland directed review of thefollowing issue:Whether the judge erred in concluding that the employees at issue in thiscase are not members of the crew of a vessel, as those terms are used in 29 CFR ?1915.4(d).3.\u00a0 On October 21, 1983, the Commission issued a briefing notice to theparties.\u00a0 According to Commission Rule 93, respondent was required to file its briefon November 30, 1983.4.\u00a0 Respondent did not file a brief on November 30, 1983.5.\u00a0 On December 20, 1983 the Secretary moved that the Commission allow apostponement in the filing of the Secretary’s brief on the grounds that respondent’sinitial brief had not yet been filed.\u00a0 The Secretary requested that the time forfiling his brief be postponed until respondent filed its brief or until the Commissiondirected otherwise.6.\u00a0 By order dated February 13, 1984, the Commission ordered respondentto file a response with the Commission within 20 days advising the Commission whether itintends to file a brief, and, if so, why a late filed brief should be accepted.\u00a0 Thisorder advised respondent that failure to respond could result in dismissal of the case.\u00a0The 20 days expired on March 5, 1984, with no response or brief having been filed byrespondent.7.\u00a0 In light of respondent’s complete silence, the Commission should conclude thatrespondent lacks any continued interest in this case.\u00a0 In over four months since theCommission issued its briefing order, respondent has done nothing to further pursue thecase or even apprise the Commission of its intent.\u00a0 Having invoked the Commission’sjurisdiction with the filing of its petition for discretionary review, it isincumbent upon respondent to pursue its claim in an expeditious fashion as directed by theCommission. Because of respondent’s evident lack of interest in this matter the Commissionshould dismiss the petition.WHEREFORE, the Secretary respectfully requests that the Commission dismissrespondent’s petition for discretionary review and affirm, without review, the judgesdecision below.\u00a0 Respectfully submitted,FRANCIS X. LILLYDeputy Solicitor of Labor FRANK A. WHITEAssociate Solicitor for Occupational Safety and HealthDANIEL J. MickCounsel for Regional Trial LitigationLINTON W. HENGERERAttorneyThe Administrative Law Judge decision in this matter is unavailable in thisformat.\u00a0 To obtain a copy of this document, please request one from our PublicInformation Office by e-mail ( [email protected]), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”