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DOL/MSHA

RIN: 1219-AB81

Publication ID: 2012

Title: ●Criteria and Procedures for Proposed Assessment of Civil Penalties; Inflation Adjustment
Abstract: 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).
Agency: Department of Labor(DOL)	Priority: Info./Admin./Other
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 30 CFR 100.3, 100.4, 100.5
Legal Authority: 30 USC 815, 820, 957

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	FCPIAA of 1990, as amended

Timetable:

Action	Date	FR Cite
Final Action	12/00/2012

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Phone:202 693-9440 Fax:202 693-9441 Email: triebsch.george@dol.gov