Date: July 30, 1997
Case No.: 97-STA-22

In the matter of:

MYRO MICHALESKY,
    Complainant

    v.

YELLOW FREIGHT SYSTEM, INC.,
    Respondent.

    On July 29, 1997, the Office of Administrative Law Judges received a letter from Complainant stating that he is withdrawing his appeal in this matter; counsel for Respondent has informed this Office that Respondent does not oppose the withdrawal.

    A voluntary withdrawal of a Surface Transportation Assistance Act whistleblower complaint is treated under the regulations as a withdrawal of objections to the Secretary's preliminary findings or preliminary order. When such a withdrawal occurs, the Regional Administrator's preliminary findings on behalf of the Secretary are affirmed, and the administrative law judge's order becomes the final order in the case. Creech v. Salem Carriers, Inc., 88-STA-29 (Sec'y Sept. 27, 1988); Hall v. Yellow Freight Systems, 93-STA-24 (Sec'y July 1, 1993); see 29 C.F.R. § 1978.111(c).

    Accordingly, IT IS ORDERED that the Regional Administrator's findings on behalf of the Secretary are hereby AFFIRMED and that this appeal is DISMISSED.

       JOHN M. VITTONE
       Chief Administrative Law Judge

JMV/trs