[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Proposed Rules]
[Pages 62572-62573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8933]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 100

RIN 1219-AB51


Criteria and Procedures for Proposed Assessment of Civil 
Penalties

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Reopening of comment period.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is reopening 
the comment period to the proposed rule amending the criteria and 
procedures for proposed assessment of civil penalties. The proposed 
rule was published on September 8, 2006.

DATES: The comment period will close on November 9, 2006.

ADDRESSES: Identify all comments by ``RIN: 1219-AB51'' and send them to 
MSHA as follows:
    (1) Electronically through the Federal e-Rulemaking portal at 
http://www.regulations.gov (Follow the online instructions for 
submitting comments) or by e-mail to [email protected].
    (2) By facsimile to 202-693-9441.
    (3) By regular mail to MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
    (4) By hand delivery to MSHA, 1100 Wilson Boulevard, 21st Floor, 
Arlington, Virginia. Leave the package at the receptionist's desk.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey at 202-693-9440 
(Voice), 202-693-9441 (Facsimile), or [email protected] (E-mail).

SUPPLEMENTARY INFORMATION: On September 8, 2006 (71 FR 53054), MSHA 
published a proposed rule amending its civil penalty regulations. The 
proposed rule would increase penalty amounts, implement new 
requirements of the Mine Improvement

[[Page 62573]]

and New Emergency Response Act of 2006 (MINER Act) amendments to the 
Mine Safety and Health Act of 1977 (Mine Act), and revise Agency 
procedures for proposing civil penalties. MSHA requested comments on or 
before October 23, 2006. In addition, MSHA held six public hearings on 
September 26, September 28, October 4, October 6, 2006, October 17, and 
October 19, 2006.
    At the public hearings held in Charleston, West Virginia, on 
October 17, and Pittsburgh, Pennsylvania, on October 19, 2006, MSHA 
stated that the proposed rule includes a requirement that requests for 
safety and health conferences be in writing. MSHA further stated that 
the Agency is considering adding a provision that such requests for a 
conference include a brief statement of the reason why each citation or 
order should be conferenced. MSHA stated that such a change would 
assure that parties requesting a conference focus on the issue to be 
discussed at the conference. In addition, this change would help 
expedite the conference process by providing the District Manager with 
necessary information prior to conducting the conference. MSHA 
requested comments on such a provision.
    In addition, in response to comments at each of the public 
hearings, MSHA clarified that the proposed deletion of the single 
penalty assessment would be replaced with the regular penalty 
assessment. Thus, under the proposed rule, all violations that are now 
processed under the existing single penalty provision would be 
processed under the proposed regular assessment formula.
    MSHA is reopening the public comment period for 2 weeks so that 
interested parties can address the issues. MSHA welcomes comment from 
all interested parties.

    Dated: October 23, 2006.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 06-8933 Filed 10-24-06; 10:53 am]
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