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DOL/MSHA RIN: 1219-AB63 Publication ID: Spring 2010
Title: Criteria and Procedures for Proposed Assessment of Civil Penalties/Recordkeeping and Reporting: Immediate Notification
Abstract: Consistent with the MINER Act, MSHA's civil penalty regulations require a specified penalty for failure to report certain types of accidents. Under the existing regulations, MSHA must review all violations of section 50.10 under section 100.5(f) for special assessment. The direct final rule makes nonsubstantive organizational and clarifying changes to improve the efficiency and effectiveness of the Agency's procedures for processing civil penalties. MSHA stated the Agency would withdraw the direct final rule if the Agency received significant adverse comments. Because the Agency did not receive any significant adverse comments, the direct final rule became effective. Comments on the direct final rule and the proposal indicate that some members of the mining industry misunderstood the Agency's intent. For clarification, the Agency intends that the phrase, "any other accident," as used in section 50.10(d) refers to: (1) An entrapment of an individual for more than 30 minutes and (2) any other accident as defined in section 50.2(h)(4)-(12).
Agency: Department of Labor(DOL) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: No Unfunded Mandates: No
CFR Citation: 30 CFR 100; 30 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 30 USC 815; 30 USC 820; 30 USC 957
Legal Deadline: None
Timetable:
Action Date FR Cite
Direct Final Rule 12/29/2009 74 FR 68918
NPRM 12/29/2009 74 FR 68920
NPRM Comment Period End 03/01/2010
Direct Final Rule Effective 03/29/2010
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: silvey.patricia@dol.gov