FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON, DC 20004-1710

SECRETARY OF LABOR,

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA)

U.S. SILICA

Docket No. WEVA 2020-0270

A.C. No. 46-02805-499009

BEFORE: Rajkovich, Chairman; Althen and Traynor, Commissioners

ORDER

BY THE COMMISSION:

This matter arises under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (2012) (“Mine Act”). The Commission has received a motion from the operator seeking to reopen a penalty assessment which had become a final order of the Commission pursuant to section 105(a) of the Mine Act, 30 U.S.C. § 813(a). On December 14, 2020, the Commission issued an order to show cause within 20 days why the Commission should not deny the motion to reopen and dismiss the docket for an unexplained delay in filing the motion.

On December 15, 2020, the Commission received an email from counsel for the operator stating that it did not intend to file a further motion and would allow the Commission’s December 14 order to become final. Consistent with that order, the motion to reopen has been denied and this matter is dismissed with prejudice.

/s/ Marco M. Rajkovich, Jr.

Marco M. Rajkovich, Jr., Chairman

/s/ William I. Althen

William I. Althen, Commissioner

/s/ Arthur R. Traynor, III

Arthur R. Traynor, III, Commissioner

Distribution (email)

Michael Peelish

Attorney for U.S. Silica

Law Firm of Adele L. Abrams, PLLC

mpeelish@aabramslaw.com

John M. McCracken

Senior Trial Attorney

Office of the Solicitor

Mine Safety and Health Division

U.S. Department of Labor

McCracken.John.M@dol.gov

Chief Administrative Law Judge Glenn Voisin

Federal Mine Safety & Health Review Commission

GVoisin@fmshrc.gov

Melanie Garris

Office of Civil Penalty Compliance

Mine Safety and Health Administration

Garris.Melanie@DOL.GOV