DATE: September 23, 1998

CASE NO: 98-STA-00033

In the Matter of

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
    Prosecuting Party

    and

FREDERICK E. SMITH, SR.
    Complainant

    v.

CHENANGO VALLEY LINES, INC.
    Respondent

   This matter is before me pursuant to the Complainant's objections to the preliminary findings of the Secretary of Labor on his complaint under the provisions of the Surface Transportation Assistance Act of 1982, 49 U.S.C. §2301 et seq.

   By letter dated September 17, 1998, the Complainant's attorney served notice that the Complainant had withdrawn his objections to the Secretary's preliminary findings and waived his right to a hearing. Accordingly,

   IT IS ORDERED pursuant to 29 C.F.R. §1978.111(c) the Secretary's preliminary findings in this matter are AFFIRMED. Creech v. Salem Carriers, Inc., 88-STA-29 (Sec'y Sept. 27, 1988).

   The parties are notified that this constitutes the final administrative order in this matter. Underwood v. Blue Springs Hatchery, 87-STA-21 (Sec'y Sept. 23, 1987).

       DANIEL F. SUTTON
       Administrative Law Judge

Camden, New Jersey