[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Proposed Rules]
[Pages 78749-78750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30578]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 100

[Docket No. MSHA-2014-0009]
RIN 1219-AB72


Criteria and Procedures for Assessment of Civil Penalties

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearings; extension of comment 
period; close of record.

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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold two 
additional public hearings on the Agency's proposed rule for Criteria 
and Procedures for Assessment of Civil Penalties.

DATES: MSHA will hold public hearings on February 5, 2015, and February 
12, 2015, at the locations listed in the SUPPLEMENTARY INFORMATION 
section of this document.
    Post-hearing comments must be received or postmarked by midnight 
Eastern Standard Time on March 12, 2015.

ADDRESSES: Submit comments, informational materials, and requests to 
speak, identified by RIN 1219-AB72 or Docket No. MSHA-2014-0009, by one 
of the following methods:
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-Mail: [email protected]. Include RIN 1219-AB72 or 
Docket No. MSHA-2014-0009 in the subject line of the message.
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
     Hand Delivery or Courier: MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m., Monday 
through Friday,

[[Page 78750]]

except Federal holidays. Sign in at the receptionist's desk on the 21st 
floor.
     Fax: 202-693-9441.
    Instructions: All submissions must include ``MSHA'' and ``RIN 1219-
AB72'' or ``Docket No. MSHA-2014-0009.'' Do not include personal 
information that you do not want publicly disclosed; MSHA will post all 
comments without change to http://www.regulations.gov and http://www.msha.gov/currentcomments.asp, including any personal information 
provided. For additional instructions for participation in Public 
Hearings on this rulemaking, see the ``Public Hearings'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read comments received, go to 
http://www.regulations.gov or http://www.msha.gov/currentcomments.asp. 
To read background documents, go to http://www.regulations.gov. Review 
the docket in person at MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia, 
between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal 
Holidays. Sign in at the receptionist's desk on the 21st floor.
    Email notification: To subscribe to receive an email notification 
when MSHA publishes rules, program information, instructions, and 
policy, in the Federal Register, go to http://www.msha.gov/subscriptions/subscribe.aspx.

FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email); 202-693-9440 (voice); or 202-693-
9441 (facsimile).

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 31, 2014, MSHA published a proposed rule (79 FR 44494) to 
amend its civil penalty regulation to simplify the criteria, which will 
promote consistency, objectivity, and efficiency in the proposed 
assessment of civil penalties and facilitate the resolution of 
enforcement issues. The proposal would place a greater emphasis on the 
more serious safety and health conditions and provide improved safety 
and health for miners. MSHA is also proposing alternatives that would 
address the scope and applicability of its civil penalty regulation.
    In response to requests from the public, MSHA held public hearings 
on December 4, 2014, in Arlington, Virginia, and on December 9, 2014, 
in Denver, Colorado. The post-hearing comment period was scheduled to 
close on January 9, 2015.

II. Public Hearings

    In response to requests from the public, MSHA will hold two 
additional public hearings on the proposed rule to provide the public 
an opportunity to present their views on this rulemaking. MSHA is 
holding the hearings on the following dates at the locations indicated:

 
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             Date                      Location            Contact No.
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Thursday, February 5, 2015....  Sheraton Birmingham         205-324-5000
                                 Hotel, 2101 Richard
                                 Arrington Jr.
                                 Boulevard North,
                                 Birmingham, AL 35203.
Thursday, February 12, 2015...  Embassy Suites              312-943-3800
                                 Chicago--Downtown,
                                 600 N. State Street,
                                 Chicago, IL 60654.
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    The hearings will begin with an opening statement from MSHA, 
followed by oral presentations from members of the public. The public 
hearings will begin at 9:00 a.m. and end no later than 5:00 p.m., or 
earlier if the last person presenting testimony has spoken.
    Persons and organizations wishing to speak are encouraged to notify 
MSHA in advance for scheduling purposes. Persons do not have to make a 
written request to speak; however, MSHA will give priority to persons 
who have notified us, in advance, of their intent to speak and will 
provide others an opportunity to present oral testimony if time allows. 
MSHA requests that parties making presentations at the hearings submit 
them no later than five days prior to the hearing. Testimony, 
presentations, and accompanying documentation will be included in the 
rulemaking record.
    The hearings will be conducted in an informal manner. Formal rules 
of evidence and cross examination will not apply. The hearing panel may 
ask questions of speakers and speakers may ask questions of the hearing 
panel. Verbatim transcripts of the proceedings will be prepared and 
made a part of the rulemaking record. Copies of the transcripts will be 
available to the public on http://www.regulations.gov and on MSHA's Web 
site at http://www.msha.gov/tscripts.htm.
    Commenters are requested to be specific in their comments and 
submit detailed rationale and supporting documentation for any comment 
or suggested alternative as MSHA cannot sufficiently evaluate general 
comments. All comments must be received or postmarked by March 12, 
2015.

    Dated: December 23, 2014.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2014-30578 Filed 12-30-14; 8:45 am]
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