Criteria and Procedures for Proposed Assessment of Civil Penalties, 7206-7210 [E8-2226]
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laws, despite the inability to comply
with the requirements of Rule 14a–3(b)
and Rule 14c–3(a) under the Exchange
Act. Although these situations are
infrequent, we recognize the need to
flexibly address this conflict in limited
circumstances.
Section 36(a) provides that ‘‘the
Commission, by rule, regulation, or
order, may conditionally or
unconditionally exempt any person,
security, or transaction, or any class or
classes of persons, securities, or
transactions, from any provision or
provisions of this title or of any rule or
regulation thereunder, to the extent that
such exemption is necessary or
appropriate in the public interest, and is
consistent with the protection of
investors.’’ 2 Section 4A(a) of the
Exchange Act grants the Commission
‘‘the authority to delegate, by published
order or rule, any of its functions to a
division of the Commission.’’ 3
The delegation of authority to the
Director is intended to conserve
Commission resources by permitting the
staff, pursuant to Section 36(a), to
review and act on applications for
exemption from Rule 14a–3(b) and Rule
14c–3(a) in cases where upon
examination, the matter does not appear
to present significant issues that have
not been addressed previously or to
raise questions of fact or policy
indicating that the public interest or the
interest of investors warrants that the
Commission consider the matter.
Nevertheless, the staff may submit
matters to the Commission for
consideration as it deems appropriate.
In addition, under Section 4A(b) of the
Exchange Act, the Commission retains
discretionary authority to review upon
its own initiative or, pursuant to
Commission Rule 430, upon application
by a party adversely affected, any
exemption granted or denied by the
Director pursuant to delegated
authority.4
The Commission finds, in accordance
with Section 553(b)(3)(A) of the
Administrative Procedure Act,5 that this
amendment relates solely to agency
organization, procedure, or practice, and
does not relate to a substantive rule.
Accordingly, notice, opportunity for
public comment, and publication of the
amendment prior to its effective date are
unnecessary.
2 15
U.S.C. 78mm(a).
3 15 U.S.C. 78d–1(a).
4 For information concerning the filing of
exemptive relief applications, see Exchange Act
Release No. 39624 (February 5, 1998), 63 FR 8101
(February 18, 1998); 17 CFR 240.0–12.
5 5 U.S.C. 553(b)(3)(A).
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List of Subjects in 17 CFR Part 200
Administrative practice and
procedure, Authority delegations
(Government agencies), Organization
and functions (Government agencies).
Text of Amendment
In accordance with the preamble, the
Commission hereby amends Title 17,
Chapter II of the Code of Federal
Regulations as follows:
I
available material information necessary
for the security holders to make an
informed voting decision in accordance
with Regulation 14A or Regulation 14C
(§§ 240.14a–1–240.14b–2 or §§ 240.14c–
1–240.14c–101 of this chapter); and
(v) Absent a grant of exemptive relief,
it would be forced to violate either state
law or the rules and regulations
administered by the Commission.
*
*
*
*
*
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
1. The authority citation for part 200,
subpart A, continues to read in part as
follows:
Dated: February 4, 2008.
By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E8–2246 Filed 2–6–08; 8:45 am]
BILLING CODE 8011–01–P
I
Authority: 15 U.S.C. 77o, 77s, 77sss, 78d,
78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37,
80b–11, and 7202, unless otherwise noted.
*
*
*
*
*
2. Section 200.30–1 is amended by
adding paragraph (e)(18) to read as
follows:
I
§ 200.30–1 Delegation of authority to
Director of Division of Corporation Finance.
*
*
*
*
*
(e) * * *
(18) To review and, either
unconditionally or upon specified terms
and conditions, grant or deny
exemptions from the requirements of
Rules 14a–3(b) and 14c–3(a)
(§§ 240.14a–3(b) and 240.14c–3(a) of
this chapter) under the Act pursuant to
Section 36 of the Act, in cases where
upon examination, the matter does not
appear to the Director to present
significant issues that have not been
addressed previously or to raise
questions of fact or policy indicating
that the public interest or the interest of
investors warrants that the Commission
consider the matter, where an applicant
demonstrates that it:
(i) Is required to hold a meeting of
security holders as a result of an action
taken by one or more of the applicant’s
security holders pursuant to state law;
(ii) Is unable to comply with the
requirements of Rule 14a–3(b) or Rule
14c–3(a) under the Act for audited
financial statements to be included in
the annual report to security holders to
be furnished to security holders in
connection with the security holder
meeting required to be held as a result
of the security holder demand under
state law;
(iii) Has made a good faith effort to
furnish the audited financial statements
before holding the security holder
meeting;
(iv) Has made a determination that it
has disclosed to security holders all
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 100
RIN 1219–AB57
Criteria and Procedures for Proposed
Assessment of Civil Penalties
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Final rule.
AGENCY:
SUMMARY: The Mine Safety and Health
Administration (MSHA) is revising its
civil penalty assessment amounts to
adjust for inflation. The Debt Collection
Improvement Act of 1996 (DCIA)
requires MSHA to adjust all civil
penalties for inflation at least once every
four years according to the formula
specified in the Federal Civil Penalties
Inflation Adjustment Act of 1990
(Inflation Adjustment Act). The revised
penalties apply to citations and orders
issued on or after the effective date of
this rule.
DATES: This final rule is effective on
March 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances,
MSHA, 1100 Wilson Blvd., Room 2350,
Arlington, Virginia 22209–3939,
silvey.patricia@dol.gov, 202–693–9440
(telephone), or 202–693–9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Final Rule
The Administrative Procedure Act
(APA) requires that rulemakings be
published in the Federal Register and
requires generally that agencies provide
an opportunity for public comment.
However, notice and an opportunity for
public comment are not required when
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the agency ‘‘for good cause finds’’ that
notice and comment ‘‘are impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(B).
The Inflation Adjustment Act, as
amended by the DCIA, requires MSHA
to review and, where appropriate, adjust
its civil penalties for inflation at least
once every four years. The DCIA
prescribes the formula for any such
adjustments. The decision whether to
make adjustments and the amount of
any adjustments are not within MSHA’s
discretion. MSHA is required to perform
mathematical computations based on
published cost-of-living data and adjust
its maximum penalties accordingly. For
this reason, MSHA has determined for
good cause that public notice and
comment are unnecessary, impractical,
or contrary to the public interest and
that this rule should be published in
final form. In accordance with the APA,
this rule is effective 30 days after the
date of publication in the Federal
Register.
II. Rulemaking Background
On March 22, 2007 (72 FR 13592),
MSHA published the final rule, Criteria
and Procedures for Proposed
Assessment of Civil Penalties (Civil
Penalties), that implemented the civil
penalty provisions in Sections 5 and 8
of the Mine Improvement and New
Emergency Response Act of 2006
(MINER Act) and revised existing civil
penalty regulations in part 100 of Title
30 in the Code of Federal Regulations
(CFR). Although MSHA significantly
increased civil penalties in the final
rule, the Agency retained the $60,000
maximum for non-flagrant civil
penalties. The Agency also retained the
$6,500 maximum daily penalty and the
$275 maximum penalty for smoking or
carrying smoking materials.
III. Discussion of the Final Rule
A. General Discussion
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In passing the Inflation Adjustment
Act, Congress noted a concern for civil
penalties to keep pace with inflation.
Section 5 provides an inflation
adjustment formula that defines a ‘‘costof-living’’ adjustment as—
* * * the percentage (if any) for each civil
monetary penalty by which—
(1) the Consumer Price Index for the month
of June of the calendar year preceding the
adjustment, exceeds
(2) the Consumer Price Index for the month
of June of the calendar year in which the
amount of such civil monetary penalty was
last set or adjusted pursuant to law.
Section 3(3) defines the term
‘‘Consumer Price Index’’ (CPI) to mean
‘‘the Consumer Price Index for all-urban
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consumers published by the Department
of Labor.’’
Section 5(a) included criteria for
rounding the cost-of-living adjustment
amount as follows:
Any increase * * * shall be rounded to the
nearest—
(1) multiple of $10 in the case of penalties
less than or equal to $100;
(2) multiple of $100 in the case of penalties
greater than $100 but less than or equal to
$1,000;
(3) multiple of $1,000 in the case of
penalties greater than $1,000 but less than or
equal to $10,000;
(4) multiple of $5,000 in the case of
penalties greater than $10,000 but less than
or equal to $100,000;
(5) multiple of $10,000 in the case of
penalties greater than $100,000 but less than
or equal to $200,000; and
(6) multiple of $25,000 in the case of
penalties greater than $200,000.
This final rule makes a cost-of-living
adjustment to MSHA’s proposed civil
penalty assessment amounts in
accordance with the Inflation
Adjustment Act. MSHA is adjusting the
following three civil penalties in 30 CFR
part 100: The maximum civil penalty,
the maximum daily penalty, and the
maximum miner smoking penalty.
These penalties were last adjusted, as
appropriate, in 2003 based on the CPI of
the previous year. MSHA adjusted the
maximum civil penalty and the
maximum daily penalty. The maximum
smoking penalty was last adjusted in
1998 from $250 to $275. It was not
adjusted in 2003 because the increase
under the inflation adjustment formula
rounded to zero.
MSHA is adjusting the maximum civil
penalty and the maximum daily penalty
based on the percentage change in the
CPI between June of 2003 and June of
2007. MSHA is adjusting the maximum
smoking penalty based on the
percentage change in the CPI between
June 1998 and June 2007.
During the four-year period from June
2003 to June 2007, inflation was
approximately 13.4%. During the nineyear period from June 1998 to June
2007, inflation was approximately
27.8%. In the final rule, MSHA has
adjusted the maximum civil penalty and
the maximum daily penalty by 13.4%
and the maximum smoking penalty by
27.8%, and rounded each increase in
accordance with the Congressional
rounding formula.
B. Section-by-Section Analysis
The following is an analysis of the
final rule’s effect on existing civil
penalty amounts.
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7207
Section 100.3 Determination of
Penalty Amount; Regular Assessment
This section addresses the
determination of a penalty amount for
violations of the Mine Act, as amended,
and MSHA’s safety and health
regulations, under the regular civil
penalty assessment provision.
Final § 100.3(a)(1) provides the
criteria for determining penalty
assessments and specifies a maximum
dollar amount for a proposed civil
penalty assessment. To adjust the
existing maximum civil penalty
assessment of $60,000 for inflation,
MSHA applied the 13.4% inflation
increase, which resulted in $8,052.
MSHA rounded the increase to $10,000
in accordance with the Inflation
Adjustment Act. This final rule
increases the maximum civil penalty to
$70,000.
Section 100.3(g) contains a penalty
conversion table that correlates the total
points assigned for each criterion listed
in this section with a proposed civil
penalty dollar amount. The existing rule
provides a penalty range of $112 to
$60,000, and violations assessed
through the regular formula receive the
maximum penalty only if they receive
140 points or more. The final rule
provides a penalty range of $112 to
$70,000, and violations receive the
maximum penalty if they receive 144
points or more.
Violations receiving 140 or fewer
points have no penalty increase because
MSHA last adjusted these penalties in
March 2007, and the average penalty
increase at that time was greater than
the amount of inflation.
Under the existing penalty conversion
table, assessments for violations with
133 to 140 points increase at a constant
rate of $3,071 per point. Final § 100.3(g)
provides that assessments for violations
with 141 or more points increase at the
same constant rate of $3,071 per point
until the new maximum penalty is
reached. The final rule assigns a
regularly assessed violation with more
than 140 points new penalty amounts
of: 141 points, $63,071; 142 points,
$66,142; 143 points, $69,213; and 144 or
more points, $70,000.
Section 100.5 Determination of
Penalty Amount; Special Assessment
Section 100.5 provides for a special
assessment for violations that MSHA
determines should not be processed
under the regular assessment provision.
Once MSHA determines that a special
assessment is appropriate, the Agency
will base the proposed penalty on the
criteria listed in § 100.3(a).
Section 100.5(c) addresses penalties
which may be assessed daily to an
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operator who fails to correct a violation
for which a citation has been issued
under Section 104(a) of the Mine Act
within the time allowed. The existing
maximum daily penalty assessment is
$6,500. MSHA applied the 13.4%
inflation increase, which resulted in
$872. MSHA rounded the increase to
$1,000 in accordance with the Inflation
Adjustment Act. This final rule
increases the maximum daily penalty to
$7,500.
Section 100.5(d) addresses penalties
for miners who violate mandatory safety
standards relating to smoking and
smoking materials underground. The
existing maximum smoking penalty is
$275. MSHA applied the 27.8%
inflation increase, which resulted in
$77. MSHA rounded the increase to
$100 in accordance with the Inflation
Adjustment Act. This final rule raises
the maximum smoking penalty to $375.
IV. Executive Order 12866
Executive Order 12866 requires that
regulatory agencies assess both the costs
and benefits of significant regulatory
actions. Under the Executive Order, a
‘‘significant regulatory action’’ is one
meeting any of a number of specified
conditions, including the following:
Having an annual effect on the economy
of $100 million or more, creating a
serious inconsistency or interfering with
an action of another agency, materially
altering the budgetary impact of
entitlements or the rights of entitlement
recipients, or raising novel legal or
policy issues. This rule is not classified
as a ‘‘significant’’ regulatory action.
MSHA, however, is providing the
following summary of the costs and
benefits of this regulatory action.
A. Population at Risk
This final rule will apply to the entire
mining industry. Based on 2006 data,
this rule covers 2,113 coal mines
employing 81,985 miners and 3,708
office workers; and 12,772 metal and
nonmetal mines employing 157,850
miners and 26,727 office workers. In
addition, this rule covers 2,724
independent contractors in coal mines
employing 37,282 workers, and 4,686
independent contractors in metal and
nonmetal mines employing 55,945
workers.
B. Benefits
MSHA has qualitatively determined
that this final rule will yield health and
safety benefits by keeping civil penalties
at a constant level, adjusted for
inflation, in accordance with the
Inflation Adjustment Act.
C. Compliance Costs
1. Summary
For purposes of analyzing the
economic effects of this final rule,
MSHA focuses on the likely change in
costs to mine operators and
independent contractors that receive
civil penalties.
The estimated cost of this final rule is
the change in dollar amounts paid for
civil penalties. There is no real cost of
the rule because the increase in the
amount of civil penalties adjusts for
inflation. However, there is a ‘‘nominal’’
cost attributable to the rule. A nominal
cost reflects the increase in absolute
dollars, unadjusted for any change in
the price level. MSHA addresses the
nominal cost of the rule below.
2. Analysis of Impact of Increased Civil
Penalty Assessments
This final rule raises the maximum
civil penalty, the maximum daily
penalty, and the maximum smoking
penalty. In its cost analysis, based upon
experience, MSHA estimates that the
final rule will not have a significant cost
impact due to the adjustment of the
maximum civil penalty. MSHA has not
estimated costs for increases in the
maximum daily penalty and maximum
smoking penalty. The Agency concludes
that they will result in a de minimis cost
impact.
Three types of violations are affected
by an increase in the maximum civil
penalty:
(1) Violations processed as special
assessments that receive the maximum
penalty. Based on historical data on
special assessments for the maximum
penalty, MSHA estimates an average of
13 violations per year. MSHA assumes
that the increased cost would be
$10,000 for each special assessment
receiving the maximum penalty.
(2) Violations processed as regular
assessments with 141 or more points
that do not receive a 10% discount for
timely abatement. MSHA estimates that
five violations per year will be of this
type. Violations that receive 141–143
points will receive an average increase
of $6,142 under this final rule;
violations that receive 144 or more
points will receive an increase of
$10,000. MSHA estimates that two
violations will receive 141–143 points
and three will receive 144 or more
points, for an average increase of $8,457.
(3) Violations processed as regular
assessments with 141 or more points
that receive a 10% discount for timely
abatement. MSHA estimates that
approximately 11 violations per year
will be of this type. Violations that
receive 141–143 points will receive an
average increase of $5,528; violations
that receive 144 or more penalty points
will receive an increase of $9,000.
MSHA estimates that four violations
will receive 141–143 points and seven
will receive 144 or more points, for an
average increase of $7,737.
Table IV–1 summarizes MSHA’s
analysis.
TABLE IV–1. ANNUAL PENALTY INCREASE BY VIOLATION TYPE
Violations per
year
Type of assessment
Average increase
per violation
Annual increase in
nominal penalties
Special .........................................................................................................
Regular (No Discount) .................................................................................
Regular (10% Discount) ..............................................................................
13
5
11
$10000
8,457
7,737
$130,000
42,285
85,107
Total ......................................................................................................
29
8,876
257,392
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V. Feasibility
MSHA has concluded that the
requirements of this final rule are
technologically and economically
feasible.
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VI. Regulatory Flexibility Act and
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
The Regulatory Flexibility Act (RFA)
of 1980, as amended by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA),
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generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements unless the
agency certifies that the rule will not
have a significant impact on a
substantial number of small entities. As
notice and public comment are not
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required for this rule, a regulatory
flexibility analysis is not required.
However, MSHA did analyze the impact
of this final rule on small entities.
The annual cost of the rule for coal
mines is $229,286, of which $201,180
would be for coal mines with 1–500
employees. The annual cost of the rule
for metal and nonmetal mines is
$28,106, of which $23,668 would be for
metal and nonmetal mines with 1–500
employees. MSHA has concluded that
the final rule will not have a significant
impact on a substantial number of small
entities.
VII. Paperwork Reduction Act of 1995
This final rule does not require any
paperwork or information collection.
VIII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act
of 1995
This final rule does not include any
Federal mandate that may result in
increased expenditures by State, local,
or tribal governments; nor does it
increase private sector expenditures by
more than $100 million annually; nor
does it significantly or uniquely affect
small governments. Accordingly, the
Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1501 et seq.) requires no
further agency action or analysis.
B. Executive Order 13132: Federalism
This final rule does not have
‘‘federalism implications’’ because it
does not ‘‘have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
Accordingly, Executive Order 13132,
Federalism, requires no further agency
action or analysis.
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C. The Treasury and General
Government Appropriations Act of
1999: Assessment of Federal
Regulations and Policies on Families
This final rule will have no effect on
family well-being or stability, marital
commitment, parental rights or
authority, or income or poverty of
families and children. Accordingly,
§ 654 of the Treasury and General
Government Appropriations Act of 1999
(5 U.S.C. 601 note) requires no further
agency action, analysis, or assessment.
D. Executive Order 12630: Government
Actions and Interference With
Constitutionally Protected Property
Rights
This final rule will not implement a
policy with takings implications.
Accordingly, Executive Order 12630,
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Governmental Actions and Interference
with Constitutionally Protected Property
Rights, requires no further agency action
or analysis.
Regulations That Significantly Affect
Energy Supply, Distribution, or Use,
requires no further Agency action or
analysis.
E. Executive Order 12988: Civil Justice
Reform
This final rule was drafted and
reviewed in accordance with Executive
Order 12988, Civil Justice Reform. This
final rule was written to provide a clear
legal standard for affected conduct and
was carefully reviewed to eliminate
drafting errors and ambiguities, so as to
minimize litigation and undue burden
on the Federal court system. MSHA has
determined that this final rule meets the
applicable standards provided in § 3 of
Executive Order 12988.
I. Executive Order 13272: Proper
Consideration of Small Entities in
Agency Rulemaking
F. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This final rule will have no adverse
impact on children. Accordingly,
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks, as amended by
Executive Orders 13229 and 13296,
requires no further agency action or
analysis.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This final rule does not have ‘‘tribal
implications’’ because it does not ‘‘have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.’’
Accordingly, Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, requires no
further agency action or analysis.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule has been reviewed for
its impact on the supply, distribution,
and use of energy because it applies to
the coal mining industry. Insofar as this
final rule will result in added yearly
civil penalty assessments of
approximately $229,000 to the coal
mining industry, relative to annual
revenues of $28.9 billion in 2006, it is
not a ‘‘significant energy action’’
because it is not ‘‘likely to have a
significant adverse effect on the supply,
distribution, or use of energy * * *
(including a shortfall in supply, price
increases, and increased use of foreign
supplies).’’ Accordingly, Executive
Order 13211, Actions Concerning
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MSHA has reviewed the final rule to
assess and take appropriate account of
its potential impact on small businesses,
small governmental jurisdictions, and
small organizations. MSHA has
determined and certified that the final
rule will not have a significant
economic impact on a substantial
number of small entities.
J. Congressional Review Act
The Congressional Review Act,
codified at 5 U.S.C. 801 et seq., provides
generally that ‘‘major rules’’ cannot take
effect until 60 days after publication of
the rule in the Federal Register and
delivery of the rule to each House of
Congress and to the U.S. Comptroller
General. MSHA has concluded, in
agreement with the Office of
Information and Regulatory Affairs at
the Office of Management and Budget,
that this rule is not a ‘‘major rule’’ for
this purpose. For this reason, the rule
will take effect on the date indicated.
List of Subjects in 30 CFR Part 100
Mine safety and health, Penalties.
Dated: January 31, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety
and Health.
Under the authority of the Federal
Mine Safety and Health Act of 1977, as
amended, Chapter I of Title 30, Code of
Federal Regulations, part 100 is revised
to read as follows:
I
PART 100—CRITERIA AND
PROCEDURES FOR PROPOSED
ASSESSMENT OF CIVIL PENALTIES
1. The authority citation for part 100
continues to read as follows:
I
Authority: 30 U.S.C. 815, 820, 957.
2. Section 100.3 is amended by
revising paragraph (a)(1) introductory
text and Table XIV in paragraph (g), to
read as follows:
I
§ 100.3 Determination of penalty amount;
regular assessment.
(a) General. (1) Except as provided in
§ 100.5(e), the operator of any mine in
which a violation occurs of a mandatory
health or safety standard or who violates
any other provision of the Mine Act, as
amended, shall be assessed a civil
penalty of not more than $70,000. Each
occurrence of a violation of a mandatory
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safety or health standard may constitute
a separate offense. The amount of the
proposed civil penalty shall be based on
the criteria set forth in sections 105(b)
and 110(i) of the Mine Act. These
criteria are:
*
*
*
*
*
(g) * * *
TABLE XIV.—PENALTY CONVERSION
TABLE
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Points
60 or fewer ...........................
61 ..........................................
62 ..........................................
63 ..........................................
64 ..........................................
65 ..........................................
66 ..........................................
67 ..........................................
68 ..........................................
69 ..........................................
70 ..........................................
71 ..........................................
72 ..........................................
73 ..........................................
74 ..........................................
75 ..........................................
76 ..........................................
77 ..........................................
78 ..........................................
79 ..........................................
80 ..........................................
81 ..........................................
82 ..........................................
83 ..........................................
84 ..........................................
85 ..........................................
86 ..........................................
87 ..........................................
88 ..........................................
89 ..........................................
90 ..........................................
91 ..........................................
92 ..........................................
93 ..........................................
94 ..........................................
95 ..........................................
96 ..........................................
97 ..........................................
98 ..........................................
99 ..........................................
100 ........................................
101 ........................................
102 ........................................
103 ........................................
104 ........................................
105 ........................................
106 ........................................
107 ........................................
108 ........................................
109 ........................................
110 ........................................
111 ........................................
112 ........................................
113 ........................................
114 ........................................
115 ........................................
116 ........................................
117 ........................................
118 ........................................
119 ........................................
120 ........................................
VerDate Aug<31>2005
15:02 Feb 06, 2008
Penalty ($)
112
121
131
142
154
167
181
196
212
230
249
270
293
317
343
372
403
436
473
512
555
601
651
705
764
828
897
971
1,052
1,140
1,235
1,337
1,449
1,569
1,700
1,842
1,995
2,161
2,341
2,536
2,748
2,976
3,224
3,493
3,784
4,099
4,440
4,810
5,211
5,645
6,115
6,624
7,176
7,774
8,421
9,122
9,882
10,705
11,597
12,563
13,609
Jkt 214001
TABLE XIV.—PENALTY CONVERSION
TABLE—Continued
Points
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
Penalty ($)
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
or more ..........................
14,743
15,971
17,301
18,742
20,302
21,993
23,825
25,810
27,959
30,288
32,810
35,543
38,503
41,574
44,645
47,716
50,787
53,858
56,929
60,000
63,071
66,142
69,213
70,000
*
*
*
*
*
3. Section 100.5 is amended by
revising paragraphs (c) and (d) to read
as follows:
I
§ 100.5 Determination of penalty amount;
special assessment.
*
*
*
*
*
(c) Any operator who fails to correct
a violation for which a citation has been
issued under Section 104(a) of the Mine
Act within the period permitted for its
correction may be assessed a civil
penalty of not more than $7,500 for each
day during which such failure or
violation continues.
(d) Any miner who willfully violates
the mandatory safety standards relating
to smoking or the carrying of smoking
materials, matches, or lighters shall be
subject to a civil penalty of not more
than $375 for each occurrence of such
violation.
*
*
*
*
*
ACTION:
Final rule.
SUMMARY: EPA is issuing amendments to
the national emission standards for
hazardous air pollutants (NESHAP) for
iron and steel foundries. These final
amendments add alternative compliance
options for cupolas at existing foundries
and clarify several provisions to
increase operational flexibility and
improve understanding of the final rule
requirements.
DATES: These final amendments are
effective on February 7, 2008. The
incorporation by reference of certain
publications listed in these amendments
is approved by the Director of the
Federal Register as of February 7, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2002–0034. All
documents in the docket are listed in
the Federal Docket Management System
index at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the National Emission Standards for
Hazardous Air Pollutants for Iron and
Steel Foundries Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
40 CFR Part 63
Mr.
Phil Mulrine, Sector Policies and
Programs Division, Office of Air Quality
Planning and Standards (D243–02),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
5289; fax number: (919) 541–3207; email address: mulrine.phil@epa.gov.
SUPPLEMENTARY INFORMATION:
[EPA–HQ–OAR–2002–0034; FRL–8522–4]
Outline
RIN 2060–AM85
The information presented in this
preamble is organized as follows:
[FR Doc. E8–2226 Filed 2–6–08; 8:45 am]
BILLING CODE 4510–43–P
ENVIRONMENTAL PROTECTION
AGENCY
National Emission Standards for
Hazardous Air Pollutants for Iron and
Steel Foundries
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this
document?
C. Judicial Review
II. Background Information
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Rules and Regulations]
[Pages 7206-7210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2226]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 100
RIN 1219-AB57
Criteria and Procedures for Proposed Assessment of Civil
Penalties
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Mine Safety and Health Administration (MSHA) is revising
its civil penalty assessment amounts to adjust for inflation. The Debt
Collection Improvement Act of 1996 (DCIA) requires MSHA to adjust all
civil penalties for inflation at least once every four years according
to the formula specified in the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation Adjustment Act). The revised
penalties apply to citations and orders issued on or after the
effective date of this rule.
DATES: This final rule is effective on March 10, 2008.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Blvd., Room
2350, Arlington, Virginia 22209-3939, silvey.patricia@dol.gov, 202-693-
9440 (telephone), or 202-693-9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Final Rule
The Administrative Procedure Act (APA) requires that rulemakings be
published in the Federal Register and requires generally that agencies
provide an opportunity for public comment. However, notice and an
opportunity for public comment are not required when
[[Page 7207]]
the agency ``for good cause finds'' that notice and comment ``are
impracticable, unnecessary, or contrary to the public interest.'' 5
U.S.C. 553(b)(B).
The Inflation Adjustment Act, as amended by the DCIA, requires MSHA
to review and, where appropriate, adjust its civil penalties for
inflation at least once every four years. The DCIA prescribes the
formula for any such adjustments. The decision whether to make
adjustments and the amount of any adjustments are not within MSHA's
discretion. MSHA is required to perform mathematical computations based
on published cost-of-living data and adjust its maximum penalties
accordingly. For this reason, MSHA has determined for good cause that
public notice and comment are unnecessary, impractical, or contrary to
the public interest and that this rule should be published in final
form. In accordance with the APA, this rule is effective 30 days after
the date of publication in the Federal Register.
II. Rulemaking Background
On March 22, 2007 (72 FR 13592), MSHA published the final rule,
Criteria and Procedures for Proposed Assessment of Civil Penalties
(Civil Penalties), that implemented the civil penalty provisions in
Sections 5 and 8 of the Mine Improvement and New Emergency Response Act
of 2006 (MINER Act) and revised existing civil penalty regulations in
part 100 of Title 30 in the Code of Federal Regulations (CFR). Although
MSHA significantly increased civil penalties in the final rule, the
Agency retained the $60,000 maximum for non-flagrant civil penalties.
The Agency also retained the $6,500 maximum daily penalty and the $275
maximum penalty for smoking or carrying smoking materials.
III. Discussion of the Final Rule
A. General Discussion
In passing the Inflation Adjustment Act, Congress noted a concern
for civil penalties to keep pace with inflation. Section 5 provides an
inflation adjustment formula that defines a ``cost-of-living''
adjustment as--
* * * the percentage (if any) for each civil monetary penalty by
which--
(1) the Consumer Price Index for the month of June of the
calendar year preceding the adjustment, exceeds
(2) the Consumer Price Index for the month of June of the
calendar year in which the amount of such civil monetary penalty was
last set or adjusted pursuant to law.
Section 3(3) defines the term ``Consumer Price Index'' (CPI) to
mean ``the Consumer Price Index for all-urban consumers published by
the Department of Labor.''
Section 5(a) included criteria for rounding the cost-of-living
adjustment amount as follows:
Any increase * * * shall be rounded to the nearest--
(1) multiple of $10 in the case of penalties less than or equal
to $100;
(2) multiple of $100 in the case of penalties greater than $100
but less than or equal to $1,000;
(3) multiple of $1,000 in the case of penalties greater than
$1,000 but less than or equal to $10,000;
(4) multiple of $5,000 in the case of penalties greater than
$10,000 but less than or equal to $100,000;
(5) multiple of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
(6) multiple of $25,000 in the case of penalties greater than
$200,000.
This final rule makes a cost-of-living adjustment to MSHA's
proposed civil penalty assessment amounts in accordance with the
Inflation Adjustment Act. MSHA is adjusting the following three civil
penalties in 30 CFR part 100: The maximum civil penalty, the maximum
daily penalty, and the maximum miner smoking penalty. These penalties
were last adjusted, as appropriate, in 2003 based on the CPI of the
previous year. MSHA adjusted the maximum civil penalty and the maximum
daily penalty. The maximum smoking penalty was last adjusted in 1998
from $250 to $275. It was not adjusted in 2003 because the increase
under the inflation adjustment formula rounded to zero.
MSHA is adjusting the maximum civil penalty and the maximum daily
penalty based on the percentage change in the CPI between June of 2003
and June of 2007. MSHA is adjusting the maximum smoking penalty based
on the percentage change in the CPI between June 1998 and June 2007.
During the four-year period from June 2003 to June 2007, inflation
was approximately 13.4%. During the nine-year period from June 1998 to
June 2007, inflation was approximately 27.8%. In the final rule, MSHA
has adjusted the maximum civil penalty and the maximum daily penalty by
13.4% and the maximum smoking penalty by 27.8%, and rounded each
increase in accordance with the Congressional rounding formula.
B. Section-by-Section Analysis
The following is an analysis of the final rule's effect on existing
civil penalty amounts.
Section 100.3 Determination of Penalty Amount; Regular Assessment
This section addresses the determination of a penalty amount for
violations of the Mine Act, as amended, and MSHA's safety and health
regulations, under the regular civil penalty assessment provision.
Final Sec. 100.3(a)(1) provides the criteria for determining
penalty assessments and specifies a maximum dollar amount for a
proposed civil penalty assessment. To adjust the existing maximum civil
penalty assessment of $60,000 for inflation, MSHA applied the 13.4%
inflation increase, which resulted in $8,052. MSHA rounded the increase
to $10,000 in accordance with the Inflation Adjustment Act. This final
rule increases the maximum civil penalty to $70,000.
Section 100.3(g) contains a penalty conversion table that
correlates the total points assigned for each criterion listed in this
section with a proposed civil penalty dollar amount. The existing rule
provides a penalty range of $112 to $60,000, and violations assessed
through the regular formula receive the maximum penalty only if they
receive 140 points or more. The final rule provides a penalty range of
$112 to $70,000, and violations receive the maximum penalty if they
receive 144 points or more.
Violations receiving 140 or fewer points have no penalty increase
because MSHA last adjusted these penalties in March 2007, and the
average penalty increase at that time was greater than the amount of
inflation.
Under the existing penalty conversion table, assessments for
violations with 133 to 140 points increase at a constant rate of $3,071
per point. Final Sec. 100.3(g) provides that assessments for
violations with 141 or more points increase at the same constant rate
of $3,071 per point until the new maximum penalty is reached. The final
rule assigns a regularly assessed violation with more than 140 points
new penalty amounts of: 141 points, $63,071; 142 points, $66,142; 143
points, $69,213; and 144 or more points, $70,000.
Section 100.5 Determination of Penalty Amount; Special Assessment
Section 100.5 provides for a special assessment for violations that
MSHA determines should not be processed under the regular assessment
provision. Once MSHA determines that a special assessment is
appropriate, the Agency will base the proposed penalty on the criteria
listed in Sec. 100.3(a).
Section 100.5(c) addresses penalties which may be assessed daily to
an
[[Page 7208]]
operator who fails to correct a violation for which a citation has been
issued under Section 104(a) of the Mine Act within the time allowed.
The existing maximum daily penalty assessment is $6,500. MSHA applied
the 13.4% inflation increase, which resulted in $872. MSHA rounded the
increase to $1,000 in accordance with the Inflation Adjustment Act.
This final rule increases the maximum daily penalty to $7,500.
Section 100.5(d) addresses penalties for miners who violate
mandatory safety standards relating to smoking and smoking materials
underground. The existing maximum smoking penalty is $275. MSHA applied
the 27.8% inflation increase, which resulted in $77. MSHA rounded the
increase to $100 in accordance with the Inflation Adjustment Act. This
final rule raises the maximum smoking penalty to $375.
IV. Executive Order 12866
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of significant regulatory actions. Under the
Executive Order, a ``significant regulatory action'' is one meeting any
of a number of specified conditions, including the following: Having an
annual effect on the economy of $100 million or more, creating a
serious inconsistency or interfering with an action of another agency,
materially altering the budgetary impact of entitlements or the rights
of entitlement recipients, or raising novel legal or policy issues.
This rule is not classified as a ``significant'' regulatory action.
MSHA, however, is providing the following summary of the costs and
benefits of this regulatory action.
A. Population at Risk
This final rule will apply to the entire mining industry. Based on
2006 data, this rule covers 2,113 coal mines employing 81,985 miners
and 3,708 office workers; and 12,772 metal and nonmetal mines employing
157,850 miners and 26,727 office workers. In addition, this rule covers
2,724 independent contractors in coal mines employing 37,282 workers,
and 4,686 independent contractors in metal and nonmetal mines employing
55,945 workers.
B. Benefits
MSHA has qualitatively determined that this final rule will yield
health and safety benefits by keeping civil penalties at a constant
level, adjusted for inflation, in accordance with the Inflation
Adjustment Act.
C. Compliance Costs
1. Summary
For purposes of analyzing the economic effects of this final rule,
MSHA focuses on the likely change in costs to mine operators and
independent contractors that receive civil penalties.
The estimated cost of this final rule is the change in dollar
amounts paid for civil penalties. There is no real cost of the rule
because the increase in the amount of civil penalties adjusts for
inflation. However, there is a ``nominal'' cost attributable to the
rule. A nominal cost reflects the increase in absolute dollars,
unadjusted for any change in the price level. MSHA addresses the
nominal cost of the rule below.
2. Analysis of Impact of Increased Civil Penalty Assessments
This final rule raises the maximum civil penalty, the maximum daily
penalty, and the maximum smoking penalty. In its cost analysis, based
upon experience, MSHA estimates that the final rule will not have a
significant cost impact due to the adjustment of the maximum civil
penalty. MSHA has not estimated costs for increases in the maximum
daily penalty and maximum smoking penalty. The Agency concludes that
they will result in a de minimis cost impact.
Three types of violations are affected by an increase in the
maximum civil penalty:
(1) Violations processed as special assessments that receive the
maximum penalty. Based on historical data on special assessments for
the maximum penalty, MSHA estimates an average of 13 violations per
year. MSHA assumes that the increased cost would be $10,000 for each
special assessment receiving the maximum penalty.
(2) Violations processed as regular assessments with 141 or more
points that do not receive a 10% discount for timely abatement. MSHA
estimates that five violations per year will be of this type.
Violations that receive 141-143 points will receive an average increase
of $6,142 under this final rule; violations that receive 144 or more
points will receive an increase of $10,000. MSHA estimates that two
violations will receive 141-143 points and three will receive 144 or
more points, for an average increase of $8,457.
(3) Violations processed as regular assessments with 141 or more
points that receive a 10% discount for timely abatement. MSHA estimates
that approximately 11 violations per year will be of this type.
Violations that receive 141-143 points will receive an average increase
of $5,528; violations that receive 144 or more penalty points will
receive an increase of $9,000. MSHA estimates that four violations will
receive 141-143 points and seven will receive 144 or more points, for
an average increase of $7,737.
Table IV-1 summarizes MSHA's analysis.
Table IV-1. Annual Penalty Increase by Violation Type
----------------------------------------------------------------------------------------------------------------
Violations per Average increase per Annual increase in
Type of assessment year violation nominal penalties
----------------------------------------------------------------------------------------------------------------
Special....................................... 13 $10000 $130,000
Regular (No Discount)......................... 5 8,457 42,285
Regular (10% Discount)........................ 11 7,737 85,107
-----------------------------------------------------------------
Total..................................... 29 8,876 257,392
----------------------------------------------------------------------------------------------------------------
V. Feasibility
MSHA has concluded that the requirements of this final rule are
technologically and economically feasible.
VI. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act (SBREFA)
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant impact on a substantial number of small entities. As notice
and public comment are not
[[Page 7209]]
required for this rule, a regulatory flexibility analysis is not
required. However, MSHA did analyze the impact of this final rule on
small entities.
The annual cost of the rule for coal mines is $229,286, of which
$201,180 would be for coal mines with 1-500 employees. The annual cost
of the rule for metal and nonmetal mines is $28,106, of which $23,668
would be for metal and nonmetal mines with 1-500 employees. MSHA has
concluded that the final rule will not have a significant impact on a
substantial number of small entities.
VII. Paperwork Reduction Act of 1995
This final rule does not require any paperwork or information
collection.
VIII. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act of 1995
This final rule does not include any Federal mandate that may
result in increased expenditures by State, local, or tribal
governments; nor does it increase private sector expenditures by more
than $100 million annually; nor does it significantly or uniquely
affect small governments. Accordingly, the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1501 et seq.) requires no further agency action or
analysis.
B. Executive Order 13132: Federalism
This final rule does not have ``federalism implications'' because
it does not ``have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Accordingly, Executive Order 13132, Federalism, requires
no further agency action or analysis.
C. The Treasury and General Government Appropriations Act of 1999:
Assessment of Federal Regulations and Policies on Families
This final rule will have no effect on family well-being or
stability, marital commitment, parental rights or authority, or income
or poverty of families and children. Accordingly, Sec. 654 of the
Treasury and General Government Appropriations Act of 1999 (5 U.S.C.
601 note) requires no further agency action, analysis, or assessment.
D. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This final rule will not implement a policy with takings
implications. Accordingly, Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights,
requires no further agency action or analysis.
E. Executive Order 12988: Civil Justice Reform
This final rule was drafted and reviewed in accordance with
Executive Order 12988, Civil Justice Reform. This final rule was
written to provide a clear legal standard for affected conduct and was
carefully reviewed to eliminate drafting errors and ambiguities, so as
to minimize litigation and undue burden on the Federal court system.
MSHA has determined that this final rule meets the applicable standards
provided in Sec. 3 of Executive Order 12988.
F. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This final rule will have no adverse impact on children.
Accordingly, Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks, as amended by Executive
Orders 13229 and 13296, requires no further agency action or analysis.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final rule does not have ``tribal implications'' because it
does not ``have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes.'' Accordingly, Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, requires no further agency action or analysis.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final rule has been reviewed for its impact on the supply,
distribution, and use of energy because it applies to the coal mining
industry. Insofar as this final rule will result in added yearly civil
penalty assessments of approximately $229,000 to the coal mining
industry, relative to annual revenues of $28.9 billion in 2006, it is
not a ``significant energy action'' because it is not ``likely to have
a significant adverse effect on the supply, distribution, or use of
energy * * * (including a shortfall in supply, price increases, and
increased use of foreign supplies).'' Accordingly, Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use, requires no further Agency action or
analysis.
I. Executive Order 13272: Proper Consideration of Small Entities in
Agency Rulemaking
MSHA has reviewed the final rule to assess and take appropriate
account of its potential impact on small businesses, small governmental
jurisdictions, and small organizations. MSHA has determined and
certified that the final rule will not have a significant economic
impact on a substantial number of small entities.
J. Congressional Review Act
The Congressional Review Act, codified at 5 U.S.C. 801 et seq.,
provides generally that ``major rules'' cannot take effect until 60
days after publication of the rule in the Federal Register and delivery
of the rule to each House of Congress and to the U.S. Comptroller
General. MSHA has concluded, in agreement with the Office of
Information and Regulatory Affairs at the Office of Management and
Budget, that this rule is not a ``major rule'' for this purpose. For
this reason, the rule will take effect on the date indicated.
List of Subjects in 30 CFR Part 100
Mine safety and health, Penalties.
Dated: January 31, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
0
Under the authority of the Federal Mine Safety and Health Act of 1977,
as amended, Chapter I of Title 30, Code of Federal Regulations, part
100 is revised to read as follows:
PART 100--CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL
PENALTIES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 30 U.S.C. 815, 820, 957.
0
2. Section 100.3 is amended by revising paragraph (a)(1) introductory
text and Table XIV in paragraph (g), to read as follows:
Sec. 100.3 Determination of penalty amount; regular assessment.
(a) General. (1) Except as provided in Sec. 100.5(e), the operator
of any mine in which a violation occurs of a mandatory health or safety
standard or who violates any other provision of the Mine Act, as
amended, shall be assessed a civil penalty of not more than $70,000.
Each occurrence of a violation of a mandatory
[[Page 7210]]
safety or health standard may constitute a separate offense. The amount
of the proposed civil penalty shall be based on the criteria set forth
in sections 105(b) and 110(i) of the Mine Act. These criteria are:
* * * * *
(g) * * *
Table XIV.--Penalty Conversion Table
------------------------------------------------------------------------
Points Penalty ($)
------------------------------------------------------------------------
60 or fewer............................................. 112
61...................................................... 121
62...................................................... 131
63...................................................... 142
64...................................................... 154
65...................................................... 167
66...................................................... 181
67...................................................... 196
68...................................................... 212
69...................................................... 230
70...................................................... 249
71...................................................... 270
72...................................................... 293
73...................................................... 317
74...................................................... 343
75...................................................... 372
76...................................................... 403
77...................................................... 436
78...................................................... 473
79...................................................... 512
80...................................................... 555
81...................................................... 601
82...................................................... 651
83...................................................... 705
84...................................................... 764
85...................................................... 828
86...................................................... 897
87...................................................... 971
88...................................................... 1,052
89...................................................... 1,140
90...................................................... 1,235
91...................................................... 1,337
92...................................................... 1,449
93...................................................... 1,569
94...................................................... 1,700
95...................................................... 1,842
96...................................................... 1,995
97...................................................... 2,161
98...................................................... 2,341
99...................................................... 2,536
100..................................................... 2,748
101..................................................... 2,976
102..................................................... 3,224
103..................................................... 3,493
104..................................................... 3,784
105..................................................... 4,099
106..................................................... 4,440
107..................................................... 4,810
108..................................................... 5,211
109..................................................... 5,645
110..................................................... 6,115
111..................................................... 6,624
112..................................................... 7,176
113..................................................... 7,774
114..................................................... 8,421
115..................................................... 9,122
116..................................................... 9,882
117..................................................... 10,705
118..................................................... 11,597
119..................................................... 12,563
120..................................................... 13,609
121..................................................... 14,743
122..................................................... 15,971
123..................................................... 17,301
124..................................................... 18,742
125..................................................... 20,302
126..................................................... 21,993
127..................................................... 23,825
128..................................................... 25,810
129..................................................... 27,959
130..................................................... 30,288
131..................................................... 32,810
132..................................................... 35,543
133..................................................... 38,503
134..................................................... 41,574
135..................................................... 44,645
136..................................................... 47,716
137..................................................... 50,787
138..................................................... 53,858
139..................................................... 56,929
140..................................................... 60,000
141..................................................... 63,071
142..................................................... 66,142
143..................................................... 69,213
144 or more............................................. 70,000
------------------------------------------------------------------------
* * * * *
0
3. Section 100.5 is amended by revising paragraphs (c) and (d) to read
as follows:
Sec. 100.5 Determination of penalty amount; special assessment.
* * * * *
(c) Any operator who fails to correct a violation for which a
citation has been issued under Section 104(a) of the Mine Act within
the period permitted for its correction may be assessed a civil penalty
of not more than $7,500 for each day during which such failure or
violation continues.
(d) Any miner who willfully violates the mandatory safety standards
relating to smoking or the carrying of smoking materials, matches, or
lighters shall be subject to a civil penalty of not more than $375 for
each occurrence of such violation.
* * * * *
[FR Doc. E8-2226 Filed 2-6-08; 8:45 am]
BILLING CODE 4510-43-P
