In the Matter of              
                              
KEITH CARTER,                                                  CASE NO.:  93-CAA-10
      Complainant             
                              
v.                            
                              
LOS ALAMOS NATIONAL           
  LABORATORY                 
                              
and                         
                              
UNIVERSITY OF CALIFORNIA     
      Respondents    

              RECOMMENDED ORDER OF DISMISSAL

      On October 5, 1993, Complainant filed a Notice of
Withdrawal Without Prejudice.  No objection has been received
from Respondents.

      The regulations implementing the Clean Air Act provide only
for dismissals for cause,*/ see 29 C.F.R. §
24.5(e)(4), and do not provide for voluntary dismissals of
complaints.  Nor are voluntary dismissals provided for in the
Rules of Practice and Procedure for Administrative Hearings
Before the Office of Administrative Law Judges, 29 C.F.R. Part
18, which are applicable to these proceedings, in any situation
not provided for or controlled by rules of special application,
such as Part 24.  29 C.F.R. § 18.1(a).  Accordingly, where a
complainant in a case arising under Part 24 has sought a
voluntary dismissal, Rule 41(a) of the Federal Rules of Civil
Procedure applies.  See Keelan v. Consolidated Edison
Company of New York, 88-CAA-3 (Sec. decision, Sept. 9, 1989);
Nolder v. Kaiser Engineers, Inc., 84-ERA-5 (Sec. decision,
June 28, 1985).  Under Rule 41(a)(1)(i), voluntary dismissal
without prejudice is available to the complainant if an answer or
a motion for summary judgment has not yet been filed by the
respondent.

      Respondents have filed neither an answer nor a motion for
summary judgment in this case.  Accordingly, it is recommended 
that this case be dismissed without prejudice, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(i).


So Ordered,


At Washington, D.C.                   Entered: October 20, 1993


                                      ________________________
                                      JAMES GUILL
                                      Associate Chief Judge

JG/jlr

[ENDNOTES]

      */ The regulations do not provide for voluntary
withdrawals of complaints.