“Docket No. 80-4850 SECRETARY OF LABOR,Complainant,v.TONAWANDA COKE CORPORATION,Respondent.OSHRC Docket No. 80-4850ORDER The Commission treats the Secretary’s notice of withdrawal of item 4 of thecitation as a motion to withdraw that item of the citation, and grants the Secretary’smotion.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated:\u00a0 MAR 9 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.TONAWANDA COKE CORPORATION,Respondent. LOCAL 12572, UNITED STEELWORKERS OF AMERICA,Authorized Employee Representative. OSHRC Docket No. 80-4850SECRETARY’S NOTICE OF WITHDRAWAL OF CITATIONIn a decision dated March 15, 1983, Administrative Law Judge David J. Knightaffirmed 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. \u00a0Respondent’s subsequent petition for discretionary review of the judge’s decisionregarding this citation item was granted by the Commission on April 28, 1983.After further review of the record in this case the Secretary has determinedthat further adjudication of this matter is not warranted. Copies of this notice have beenserved on respondent and the authorized employee representative.WHEREFORE, the Secretary hereby withdraws item 4 of the citation issued to respondent onJuly 25, 1980 alleging a serious violation of 29 CFR ? 1910.1029(4)(i) and requests thatthe judge’s decision on this item be set aside.Respectfully submitted,FRANCIS X. LILLYDeputy Solicitor of Labor FRANK A. WHITEAssociate Solicitor for Occupational Safety & Health DANIEL 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).”