Before me for review is the Recommended Order of Dismissal of Administrative Law Judge (ALJ) Richard K. Malamphy, issued on December 19, 1990, in this case which arises under the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988). The ALJ recommends dismissal pursuant to 29 C.F.R. § 1978.111(c) (1990) based on Complainant's withdrawal of his complaint.

   I agree thatComplainant's Voluntary Dismissal of Appeal, dated December 11, 1990, must be construed as a request for withdrawal of his objections to the Secretary's preliminary findings. See 29 C.F.R. § 1978.111(c); Mysinger v. Rent-A-Driver, Case No. 90-STA-23, Sec. Final Dec. and Order, September 21, 1990. Although pursuant to Section 1978.111(c) the ALJ should have issued a final order affirming those findings, in the interest of judicial economy, I reinstate and affirm as unopposed, the Secretary's Findings, issued July 10, 1990, by R. Davis Layne, Regional Administrator, U.S. Department of Labor, Occupational Safety and Health Administration, finding that Complainant's discharge by Respondent was not in violation of the STAA.

   The complaint, therefore, is DENIED.

SO ORDERED.

         Acting Secretary of Labor

Washington, D.C.