[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60984-60985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29900]



[[Page 60983]]

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Part V





Department of Labor





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Mine Safety and Health Administration



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30 CFR Part 47



National Mine Health and Safety Academy; Final Rule

  Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / 
Rules and Regulations  

[[Page 60984]]



DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 47

RIN 1219-AB04


National Mine Health and Safety Academy

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Final rule.

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SUMMARY: This final rule amends the existing MSHA standards for 
charging tuition and room and board at MSHA's National Mine Health and 
Safety Academy (Academy) in Beckley, West Virginia. The final rule 
provides that MSHA may waive tuition fees and room and board charges 
for the training or meetings of students and non-profit organizations, 
after the Agency determines that the program would improve the 
implementation of a statutory function or an activity under the Federal 
Mine Safety and Health Act of 1977 (Mine Act) or a function related to 
an MSHA appropriation.

EFFECTIVE DATE: November 28, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; MSHA, 
Office of Standards, Regulations, and Variances; phone 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This final rule contains no information collection requirements.

II. Introduction and Rulemaking Background

    Under Sec. 502(c)(1) of the Mine Act, the Academy is responsible 
for training programs for mine inspectors, mining personnel, or other 
persons as designated by the Secretary of Labor.
    On March 22, 1985, MSHA published a final rule (50 FR 11642) in 
part 47 of title 30 of the Code of Federal Regulations. Part 47 
contains the Agency's regulations on tuition fees, procedures for 
tuition payment and refunds, and charges for room and board. The rule 
was promulgated pursuant to OMB Circular A-25, which provides that 
government agencies are to recover all expenses for federally provided 
services which convey special benefits to recipients beyond those 
accruing to the general public.
    Existing Sec. 47.10 provides that the Academy will charge tuition 
fees to all persons attending Academy courses except employees of 
Federal, State, or local governments and persons attending the Academy 
under an MSHA State grant program. The authority to waive tuition fees 
was based, in part, upon Sec. 302 of the Intergovernmental Personnel 
Act of 1970 (42 U.S.C. 4742), which generally permits Federal agencies 
to admit State and local government employees to Agency training 
programs established for Federal personnel and to waive the costs of 
training.
    Existing Sec. 47.50 states that the Academy will charge room and 
board to all persons staying at the Academy except MSHA personnel, 
other persons performing a direct service for MSHA, and persons 
attending the Academy under a program supported through an MSHA State 
grant. Under existing Sec. 47.50, MSHA has discretion, although very 
limited, to waive expenses for room and board for private persons, 
provided that they are performing a direct service for MSHA. For 
example, this provision may be applied when persons actively 
participate in the presentation of an Agency-sponsored event.
    The general prohibition on waiving the collection of room and board 
expenses was derived from 31 U.S.C. 551 (now 31 U.S.C. 1345) which 
prohibits the use of appropriated funds for transportation and room and 
board for non-governmental personnel. The narrow discretion to waive 
the collection of room and board expenses for private persons 
performing a direct service for MSHA was derived from 5 U.S.C. 5703 
which authorizes per diem, travel, and transportation expenses for non-
governmental personnel, such as experts, consultants, and persons 
serving without pay.
    Since promulgation of the current regulation, the Department of 
Labor has received permanent Congressional authorization to use 
appropriated funds for expenses for non-governmental attendees at 
meetings, including training seminars. Section 505 of Pub. L. 102-394, 
106 Stat. 1792 (Oct. 6, 1992), the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act 
for fiscal year 1993 provides permanent authority to use specified 
appropriations for:

    * * * [the] expenses of attendance at meetings which are 
concerned with the functions or activities for which the 
appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities.

    MSHA believes that this authority can be used effectively to 
advance safety and health protection for the Nation's miners by 
fostering the professional expertise and participation of non-profit 
organizations and students who can assist the Agency in the 
implementation of its statutory functions related to activities such as 
inspections, investigations, compliance promotions, accident prevention 
initiatives, and training development programs.
    On occasion, under appropriate statutory authority, MSHA 
authorizes, on a reimbursable basis, use of the Academy for programs 
unrelated to the Agency's mission. This practice is unchanged by the 
final rule.

III. Discussion and Summary of the Final Rule

    The final rule amends existing Secs. 47.10 and 47.50, regarding 
tuition fees and room and board charges at the Academy by adding a new 
provision allowing MSHA discretion to waive such fees and charges for 
students, or persons employed by non-profit organizations to attend 
training or meetings. MSHA may waive such fees only when training or a 
meeting at the Academy would contribute to an improvement in the 
conduct, supervision, or management of a Mine Act function or activity 
or a function related to an MSHA appropriation. The training or meeting 
would have to be MSHA-sponsored, and the qualifying non-governmental 
personnel would have to be invited by MSHA to participate in the 
training or meeting. Requests for waivers must be in writing.
    The objective of this rule is to further MSHA's mission of 
preventing accidents and illnesses among miners through education. The 
waiver of fees and room and board charges will be dependent upon the 
availability of MSHA resources. In implementing this rule, MSHA may 
waive fees and charges after determining that the content of the 
training or meeting furthers the Agency's mission or a function related 
to an MSHA appropriation. MSHA will not waive fees and room and board 
charges for any program unrelated to the Agency's mission.
    MSHA reserves the authority not to grant a waiver of fees, in whole 
or in part, although the training or meeting may directly further the 
Agency's mission and the person is invited by MSHA. The Agency intends 
to administer the rule in a fair and equitable manner in order to 
expand safety and health educational opportunities for the mining 
public. Training for MSHA personnel will be given first priority.

IV. Exemption From Notice and Comment

    This final rule amends a general statement of Agency practice and 
relates

[[Page 60985]]

to Agency management. Publication of a general notice of proposed 
rulemaking, therefore, is not required by the Administrative Procedure 
Act, 5 U.S.C. 553.

V. Executive Order 12866, the Regulatory Flexibility Act, and the Small 
Business Regulatory Enforcement Fairness Act (SBREFA)

    Executive Order 12866 requires that regulatory agencies assess both 
the costs and benefits of final regulations. It has been determined 
that this final rule is a significant regulatory action. MSHA has 
determined that this final rule will further the Agency's mission of 
preventing accidents and illnesses among miners through education at an 
annual cost of approximately $60,000.
    The Regulatory Flexibility Act (RFA) requires regulatory agencies 
to consider a rule's impact on small entities. Under the SBREFA 
amendments to the RFA, MSHA must consult with the Small Business 
Administration (SBA) concerning any rule for which a regulatory 
flexibility analysis is required. This is not a major rule under 
SBREFA. This final rule imposes no costs on the public. A regulatory 
flexibility analysis, therefore, is not required. In the spirit of 
SBREFA, however, the Agency has provided a copy of this final rule and 
regulatory flexibility certification statement to the SBA Office of 
Advocacy. In addition, MSHA will mail a copy of the final rule, 
including the preamble and regulatory flexibility certification 
statement, to all mine operators and miners' representatives.

Regulatory Flexibility Certification Statement

    In accordance with Sec. 605 of the RFA, MSHA certifies that this 
final rule would not have a significant economic impact on a 
substantial number of small entities.

Factual Basis for Certification

    The Agency has used a qualitative approach in concluding that the 
final rule does not have a significant impact on a substantial number 
of small entities. MSHA estimated that the final rule would result in 
an annual net benefit to the public and that the only effect of the 
final rule will be to reduce costs to the public. Therefore, there is 
no need for a regulatory flexibility analysis.

VI. Unfunded Mandates Reform Act of 1995

    MSHA has determined that, for purposes of Sec. 202 of 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 in the aggregate of more than $100 
million, or increased expenditures by the private sector of more than 
$100 million. Moreover, the Agency has determined that for purposes of 
Sec. 203 of that Act, this final rule does not significantly or 
uniquely affect small governments.

List of Subjects in 30 CFR Part 47

    Education, Intergovernmental relations, Mine safety and health.

    Dated: November 6, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    Accordingly, part 47, chapter I, subchapter H, of title 30 of the 
Code of Federal Regulations is amended as follows:

PART 47--[AMENDED]

    1. The authority citation for part 47 continues to read as follows:

    Authority: 30 U.S.C. 957.

    2. Section 47.10 is revised to read as follows:


Sec. 47.10  Tuition fees.

    The National Mine Health and Safety Academy, located in Beckley, 
West Virginia, will charge tuition fees to all persons attending 
Academy courses, except employees of Federal, State, or local 
governments, persons attending the Academy under a program supported 
through an MSHA State grant, and persons performing a direct service. 
Also, subject to available resources, MSHA may waive all or part of 
fees for students, or persons employed by a non-profit organization, 
who are invited by MSHA to attend an Academy course which would, in the 
Agency's judgment, contribute to improved conduct, supervision, or 
management of a function or activity under the Federal Mine Safety and 
Health Act of 1977 or a function related to an MSHA appropriation. 
Requests for waivers must be in writing.
    3. Section 47.50 is revised to read as follows:


Sec. 47.50  Charges for room and board.

    The Academy will charge room and board to all persons staying at 
the Academy, except MSHA personnel, persons attending the Academy under 
a program supported through an MSHA State grant, and persons performing 
a direct service. Also, subject to available resources, MSHA may waive 
all or part of fees for students, or persons employed by a non-profit 
organization, who are invited by MSHA to attend an MSHA-sponsored 
training or meeting which would, in the Agency's judgment, contribute 
to improved conduct, supervision, or management of a function or 
activity under the Federal Mine Safety and Health Act of 1977 or a 
function related to an MSHA appropriation. Requests for waivers must be 
in writing. Charges for room and board will be based upon the average 
cost per person of the lodging, meals, and services provided and will 
be reassessed on an annual basis.

[FR Doc. 97-29900 Filed 11-12-97; 8:45 am]
BILLING CODE 4510-43-P