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DOL/MSHA RIN: 1219-AB81 Publication ID: 2012 
Title: Criteria and Procedures for Proposed Assessment of Civil Penalties; Inflation Adjustment 
Abstract: The Mine Safety and Health Administration (MSHA) is revising its civil penalty assessment amounts under 30 CFR part 100 to adjust for inflation according to the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. MSHA is required by this statue to adjust all civil penalties for inflation at least once every four years. The revised penalties apply to citations and orders issued on or after the effective date of this rule. Because the decision to make the adjustments and the amount of any adjustment is not within MSHA's discretion, MSHA, for good cause, finds that public notice and comment are unnecessary and that this rule will be published as a final rule. Civil penalties that are increased by the final rule include the maximum civil penalty for regular assessments; the range of minimum and maximum civil penalties for regular assessments; the minimum and maximum penalty for failure to provide timely notification; the maximum daily penalty for failure to abate a violation for a special assessment; and the maximum penalty for violations that are deemed to be flagrant. There is no change in the existing minimum penalty for unwarrantable violations or the existing maximum penalty for smoking or carrying smoking materials. MSHA last adjusted civil penalties for inflation in 2008 (73 FR 7206). 
Agency: Department of Labor(DOL)  Priority: Info./Admin./Other 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 30 CFR 100.3, 100.4, 100.5 
Legal Authority: 30 USC 815, 820, 957 
Legal Deadline:
Action Source Description Date
Final  Statutory  FCPIAA of 1990, as amended   
Timetable:
Action Date FR Cite
Final Action  12/00/2012   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Initial (Administrative Startup and /or Capital) Cost: $0  Yearly (Annual Operating) Cost: $0 
Base Year of the Dollar Estimates:   RIN Data Printed in the FR: No 
Agency Contact:
George F. Triebsch
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209
Phone:202 693-9449
Fax:202 693-9441
Email: triebsch.george@dol.gov