“Docket No. 79-6382 SECRETARY OF LABOR, Complainant,v.SINGER CO., AMERICAN METER DIVISION Respondent.OSHRC DOCKET NO. 79-6382ORDER The Commission grants the Secretary’s motion to withdraw his petition forreview and further vacates the direction for review.[[1\/]]FOR THE COMMISSION RAY H. DARLING, JR.EXECUTIVE SECRETARYDated:\u00a0 MAR 2 1984\u00a0RAYMOND J. DONOVAN, SECRETARY OF LABOR Complainant, v.SINGER CO., AMERICAN METER DIVISION, Respondent.OSHRC Docket No. 79-6382MOTION TO WITHDRAW PETITION FOR REVIEWThe complainant, Raymond J. Donovan, Secretary of Labor, United States Department ofLabor moves that the Commission permit the complainant to withdraw his petition for reviewwhich was granted by former Commissioner Bertram R. Cottine.As grounds for this motion, the Secretary sets forth the following facts:1.\u00a0 On September 2, 1980, Judge William E. Brennan affirmed seriousviolations of several standards, two of which the Secretary had alleged to be willfulviolations.\u00a0 The Secretary petitioned for review concerning the characterization ofthese two violations.\u00a0 On October 3, 1980, former Commissioner Cottine directedreview on the issue whether the violations should have been characterized as willful.\u00a0 On January 17, 1983, the Commission ordered the Secretary to file his brief on theissue.2.\u00a0 The Secretary has reviewed the transcript and record in the matter and hasdetermined that there is insufficient evidence in the record to support a finding of awillful violation.\u00a0 As a result of the new review and determination, the Secretaryrespectfully requests that the Commission permit the Secretary to withdraw the petition.Respectfully submitted,FRANCIS X. LILLYDeputy Solicitor of LaborFRANK A. WHITEAssociate Solicitor forOccupational Safety & HealthDANIEL J. MICKCounsel for RegionalTrial LitigationEUGENE LOPEZ AttorneyThe 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).FOOTNOTES: [[1\/]] Commissioner Cleary dissents to this order.”