This case arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988), and is before me for review of the Recommended Order of Administrative Law Judge (ALJ) W. Ralph Musgrove, which was issued on November 2, 1990.

   On December 6, 1990, I issued an Order to Show Cause, granting the parties 10 days within which to show cause why I should not enter a final order in this case on the basis of Complainant's abandonment of his request for a hearing. Neither party has responded.

   Consequently, as discussed in the Order to Show Cause, I find that the record supports a finding of abandonment under 29 C.F.R. § 18.39(b) (1990). I, therefore, enter the preliminary findings and order of the Assiatant Secretary as the final administrative order in this case. See 49 U.S.C. app. § 2305(c)(2)(A).

SO ORDERED.

         Acting Secretary of Labor

Washington, D.C.