“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 ofthe citation as a motion to withdraw that item of the citation, andgrants the Secretary’s motion.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: MAR 9 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.TONAWANDA COKE CORPORATION,Respondent.LOCAL 12572, UNITED STEELWORKERS OFAMERICA,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 violation29 CFR ? 1910.1029(4)(i), which citation had been issued by theSecretary on July 25, 1980. Respondent’s subsequent petition fordiscretionary review of the judge’s decision regarding this citationitem was granted by the Commission on April 28, 1983.After further review of the record in this case the Secretary hasdetermined that further adjudication of this matter is not warranted.Copies of this notice have been served on respondent and the authorizedemployee representative.WHEREFORE, the Secretary hereby withdraws item 4 of the citation issuedto 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 beset aside.Respectfully submitted,FRANCIS X. LILLYDeputy Solicitor of LaborFRANK A. WHITEAssociate Solicitor forOccupational Safety & HealthDANIEL J. MICKCounsel for RegionalTrial LitigationLINTON W. HENGERERAttorney————————————————————————The Administrative Law Judge decision in this matter is unavailable inthis format. To obtain a copy of this document, please request one fromour Public Information Office by e-mail ( [email protected] ), telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386).”