On March 12, 2019, I issued a decision and order granting a motion for summary judgment in favor of Henry Marine Service, Inc. (Henry Marine) and vacating the remaining Citation items. It became a final order of the Commission on April 12, 2019. Henry Marine now seeks an award of attorney fees and expenses in accordance with the Equal Access to Justice Act, 5 U.S.C. § 504 (EAJA), and the Commission’s Rules Implementing EAJA, 29 C.F.R. §§ 2204.101-.311, for costs incurred in litigating the Citation and Notification of Penalty. Henry Marine contends it meets the eligibility requirements (regarding net worth and number of employees) and the legal requirements (establishing it is the prevailing party and the Secretary’s failure to establish he was substantially justified in issuing the Citation) set out by EAJA and is entitled to recover an award for fees and expenses incurred litigating the Citation. In his Opposition to Respondent’s Application, the Secretary contends “he was substantially justified in the prosecution of this matter and an award of EAJA fees should be denied.” (Opposition, p. 5)