On July 24, 2025, the Court issued an Order granting Respondent Finley Farmers Grain & Elevator’s (Finley’s) Motion for Partial Summary Judgment and vacating the Willful violation alleged in Citation 2, Item 1. On September 2, 2025, the parties notified the Court they had reached a settlement of the sole remaining Serious violation alleged in Citation 1, Item 1, and on September 19, 2025, the Occupational Safety and Health Review Commission (Commission) docketed the Court’s Order Terminating the Enforcement Proceedings. On November 17, 2025, Respondent filed an Application for Award of Attorneys’ Fees and Costs (EAJA Application) pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 5041, and the Commission’s procedural rules implementing the EAJA, 29 C.F.R. §§ 2204.101-.401.2 See also Friends of Boundary Waters Wilderness v. Thomas, 53 F.3d 881, 886 (8th Cir. 1995) (noting that a court must have jurisdiction over an underlying action to award fees under the EAJA).3 The Secretary of Labor (Secretary) filed an Answer to Respondent’s EAJA Application (EAJA Answer), defending the government’s position on the vacated citation as substantially justified. Respondent filed a Reply in Further Support of its EAJA Application (EAJA Reply).4