DATE:  March 24, 1995
CASE NO:  93-STA-23


IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH, 

          PROSECUTING PARTY,

     AND

TIMOTHY WALDREP,

          COMPLAINANT,

     v.

PERFORMANCE TRANSPORT, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     I issued a Decision and Order in this case on April 6, 1994
which affirmed the recommendation of the Administrative Law Judge
(ALJ) and dismissed Mr. Waldrep's Surface Transportation
Assistance Act (STAA) complaint against Performance Transport,
Inc.  Thereafter, counsel for Respondent filed two Applications
for Fees and Expenses with the ALJ.  The attorney for the
Assistant Secretary for Occupational Safety and Health filed a
Motion to Dismiss Respondent's Applications.  The ALJ issued a
Recommended Supplemental Decision and Order on December 14, 1994,
dismissing Respondent's Applications.  The ALJ's decision is
affirmed.  I have no authority under the STAA to award  
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attorney's fees and/or costs in cases in which it is determined
that no violation of the Act has occurred.  Abrams v. Roadway
Express, Inc., Case No. 84-STA-2, Sec. Dec. and Ord., May 23,
1985, slip op. at 2.
     Accordingly, it is ORDERED that the Respondent's
Applications for Fees and Expenses are HEREBY denied.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.