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)                                    v. FCI SAND OPERATIONS LLC

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Docket No. CENT 2024-0018 A.C. No. 41-05429-569144

BEFORE:  Jordan, Chair; Baker, and Marvit, 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. (2018) (“Mine Act”). On November 7, 2023, the Commission received from FCI Sand Operations LLC (“FCI Sand”) a motion to reopen the above-captioned case. The motion stated that the relevant citations were issued to the operator in error, as the mine was under the control of a different operator at the time.

FCI Sand thereafter requested to withdraw its motion, stating that the relevant citations had been transferred to a different operator. The Secretary of Labor subsequently confirmed that the citations at issue had been removed from FCI Sand’s records and would be reassessed to the appropriate party.

We hereby grant FCI Sand’s motion to withdraw in Docket No. CENT 2024-0018. Accordingly, this case is dismissed.

/s/ Mary Lu Jordan

                                                                                    Mary Lu Jordan, Chair

/s/ Timothy J. Baker

Timothy J. Baker, Commissioner

/s/ Moshe Z. Marvit

Moshe Z. Marvit, Commissioner

Distribution:

David Tijerina, Safety Manager

FCI Sand Operations LLC

640 Angelica Vista

Canyon Lake, TX 78064

dt@fcisand.com

April Nelson, Esq.

Associate Solicitor

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

Nelson.April@dol.gov

Emily Toler Scott, Esq.

Counsel for Appellate Litigation

Office of the Solicitor

U.S. Department of Labor

Division of Mine Safety and Health

201 12th Street South, Suite 401

Arlington, VA 22202

scott.emily.t@dol.gov

Melanie Garris
USDOL/MSHA, OAASEI/CPCO
201 12th Street South, Suite 401
Arlington, VA 22202
Garris.Melanie@DOL.GOV

Chief Administrative Law Judge Glynn F. Voisin

Office of the Chief Administrative Law Judge
Federal Mine Safety Health Review Commission
1331 Pennsylvania Avenue, NW Suite 520N
Washington, DC 20004-1710
GVoisin@fmshrc.gov