1219-AB81 201210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1219 Mine Safety and Health Administration MSHA 1200 Department of Labor DOL Criteria and Procedures for Proposed Assessment of Civil Penalties; Inflation Adjustment 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). Info./Admin./Other First Time Published in The Unified Agenda Final Rule Stage Undetermined No 30 CFR 100.3, 100.4, 100.5 30 USC 815, 820, 957 Statutory Final FCPIAA of 1990, as amended No Final Action 12/00/2012 No No None No No George Triebsch F. 1219 Mine Safety and Health Administration MSHA 202 693-9449 202 693-9441 triebsch.george@dol.gov 1100 Wilson Boulevard, Room 2350, Arlington VA 22209