Federal Register: October 26, 2006 (Volume 71, Number 207)
DOCID: FR Doc 06-8933
DEPARTMENT OF LABOR
Mine Safety and Health Administration
CFR Citation: 30 CFR Part 100
RIN ID: RIN 1219-AB51
NOTICE: PROPOSED RULES
ACTION: Mine Improvement and New Emergency Response Act; implementation:
DOCUMENT ACTION: Reopening of comment period.
SUBJECT CATEGORY:
Criteria and Procedures for Proposed Assessment of Civil Penalties
DATES: The comment period will close on November 9, 2006.
DOCUMENT 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.
SUMMARY:
Assessment of civil penalties; criteria and procedures,
SUPPLEMENTAL 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. 068933 Filed 102406; 10:53 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Patricia W. Silvey at 202-693-9440 (Voice), 2026939441 (Facsimile), or silvey.patricia@dol.gov (Email).