DATE: January 21, 1995

CASE No. 94-STA-50

IN THE MATTER OF:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
     Prosecuting Party

     and

ERNEST C. PALMER,
     Complainant

v.

SPC TRANSPORT CO., INC. and
TODD I. PRAWER,
     Respondents

           FINAL ORDER APPROVING SETTLEMENT AND
                          DISMISSING COMPLAINT


     The undersigned is in receipt of a "Joint Motion to Approve
Settlement Agreement," entered into by the parties and filed with
the subject "Settlement Agreement," which is incorporated by
reference and attached hereto as Appendix A. The parties entered
into this agreement on December 7, 1994.

     The rules for implementation of section 405 of the Surface
Transportation Assistance Act of 1982, hereinafter "the STAA,"
are contained in 29 C.F.R. 1978 et seq.  In pertinent
part, these regulations state,

     Adjudicatory settlement.  At any time after the
     filing of objections to the Assistant Secretary's
     findings and/or order, the case may be settled if the
     participating parties agree to a settlement and such
     settlement is approved by the Secretary of Labor or the
     ALJ.  A copy of the settlement shall be filed with the
     ALJ or the Secretary as the case may be.

29 C.F.R. 1978.111(d)(2). A settlement agreement by the parties
in a case governed by the STAA must be fair, adequate and 
[PAGE 2]
reasonable.  Moravac v. H. C. & M. Transportation, Inc.,
90-STA-44 (Sec'y Oct. 26, 1992).

     In the case at bar, the provisions of 29 C.F.R.S 1978.111
(d)(2) have been met, and I find the submitted agreement to be
fair, adequate and reasonable.  Therefore, the settlement
agreement is hereby APPROVED, and the complaint is hereby
DISMISSED.


DAVID W. DI NARDI
Administrative Law Judge