[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68920-68921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30607]
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 /
Proposed Rules
[[Page 68920]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 50 and 100
RIN 1219-AB63
Criteria and Procedures for Proposed Assessment of Civil
Penalties/Reporting and Recordkeeping: Immediate Notification of
Accidents
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is proposing
to make nonsubstantive organizational changes to existing regulations
for reporting accidents and determining penalty amounts for failure to
report certain accidents. These changes would allow MSHA to automate
the Agency's assessment process for violations involving immediate
notification of an accident. They would improve the efficiency and
effectiveness of MSHA's assessment process.
DATES: MSHA must receive comments by midnight Eastern Standard Time on
March 1, 2010.
ADDRESSES: Comments must be identified with ``RIN 1219-AB63'' and may
be sent to MSHA by any of the following methods:
Federal E-Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Electronic mail: [email protected]. Include ``RIN
1219-AB63'' in the subject line of the message.
Facsimile: 202-693-9441. Include ``RIN 1219-AB63'' in the
subject line of the message.
Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
Hand Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Sign in at the receptionist's desk on the 21st
floor.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, at
[email protected] (e-mail), 202-693-9440 (voice), or 202-693-9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Availability of Information
MSHA will post all comments on the Internet without change,
including any personal information provided. Access comments
electronically at http://www.msha.gov under the Rules and Regs link.
Review comments in person at the Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign
in at the receptionist's desk on the 21st floor.
MSHA maintains a list that enables subscribers to receive e-mail
notification when the Agency publishes rulemaking documents in the
Federal Register. To subscribe, go to http://www.msha.gov/subscriptions/subscribe.aspx.
II. Companion Proposed Rule, Direct Final Rule, and Significant Adverse
Comments
Elsewhere in this issue of the Federal Register, MSHA is publishing
a direct final rule. This companion proposed rule and the direct final
rule are substantively identical. MSHA is publishing this companion
proposed rule to speed notice and comment rulemaking should the Agency
withdraw the direct final rule. MSHA will consider comments to this
companion proposed rule as comments to the direct final rule and vice
versa.
MSHA has determined that the changes in this proposed rule would
meet the criteria for a direct final rule because they involve
nonsubstantive changes that deal with MSHA's management of the
processing of civil penalties. MSHA does not anticipate that this
proposed rule would result in any changes in the way violations for
failure to report certain accidents are evaluated or assessed. MSHA
expects no opposition to the changes and no significant adverse
comments. However, if MSHA receives a significant adverse comment, the
Agency will withdraw the direct final rule by publishing a notice in
the Federal Register.
A significant adverse comment is one that explains:
(1) Why the direct final rule is inappropriate, including
challenges to the rule's underlying premise or approach; or
(2) Why the direct final rule will be ineffective or unacceptable
without a change. In determining whether a comment necessitates
withdrawal of the direct final rule, MSHA will consider whether it
warrants a substantive response in a notice and comment process.
III. Regulatory Background
On March 22, 2007, MSHA published a final rule on Criteria and
Procedures for the Proposed Assessment of Civil Penalties (72 FR
13591). The final rule revised the Agency's civil penalty assessment
regulations under 30 CFR part 100 and implemented the civil penalty
provisions of sections 5 and 8 of the Mine Improvement and New
Emergency Response (MINER) Act of 2006. Section 5 of the MINER Act
specifies penalties of not less than $5,000 and not more than $60,000
for violations involving failure to report three categories of
accidents: (1) Death of an individual at the mine; (2) injury of an
individual at the mine which has a reasonable potential to cause death;
or (3) entrapment of an individual at the mine which has a reasonable
potential to cause death. MSHA included this MINER Act requirement in
the special assessment provision of the existing civil penalty
regulations. The special assessment process is MSHA's existing
procedure for manually reviewing violations to determine civil
penalties.
Under existing Sec. 50.10, operators must report accidents within
15 minutes, once the operator knows or should know that the accident
has occurred. The existing regulation does not distinguish between
types of accidents, but includes the twelve categories of accidents as
defined in Sec. 50.2(h). Under the existing procedures for processing
penalties, MSHA manually reviews every violation for failure to report
an accident to identify the three categories of accidents for which the
higher penalty is applicable.
IV. Section-by-Section Analysis
MSHA is proposing to change the existing regulation addressing the
immediate notification of accidents in Sec. 50.10 to separately
reflect the three categories of accidents in section 5 of the MINER
Act, which require specific penalties for failure to report. This
proposed rule would change existing Sec. 50.10 to require that the
operator immediately contact MSHA in the event of the following
accidents: (1) Death of an individual at the mine; (2) injury of an
individual at the mine which has a reasonable potential to cause death;
(3) entrapment of an individual at the mine which has a reasonable
potential to cause death; or (4) any other accident.
Under the proposed rule, by changing the immediate notification
regulation to separately identify the categories of accidents that
require penalties specified in section 5 of the MINER Act, MSHA would
no longer have to manually review all failure to report violations.
Instead, a citation would identify the type of accident as either Sec.
50.10(a), (b), (c), or (d), which would allow MSHA to program its
automated assessment system to assure that the higher penalties
required under the MINER Act are assessed. Violations of
[[Page 68921]]
Sec. 50.10(a), (b), and (c) would automatically receive a proposed
penalty of $5,000 or more, up to $60,000, under the regular assessment
provision of Sec. 100.3. Violations of Sec. 50.10(d) would be subject
to a regular assessment under Sec. 100.3. It is important to note that
the special assessment provision would continue to apply to failure to
report violations when conditions warrant.
MSHA believes that this proposed rule would provide the mining
community with more transparency relative to violations involving
failure to report accidents. Specifying the type of accident in the
citation would make it readily apparent when the violation would be
subject to the higher penalty. In addition, automating proposed
assessments for most violations for failure to report an accident would
improve the efficiency and effectiveness of MSHA's assessment process.
This proposed rule would redesignate existing special assessment
provision Sec. 100.5(f) as Sec. 100.4(c), without change. The section
heading of Sec. 100.4 would be changed to read, ``Unwarrantable
Failure and Immediate Notification.'' Because these categories of
accidents would be separately identified in the immediate notification
regulation in Sec. 50.10 of this proposed rule, MSHA would no longer
need to manually review them under special assessment. As mentioned
before, MSHA would continue to review these violations for a special
assessment when conditions warrant.
V. Regulatory Analyses
A. Paperwork Reduction Act Statement
This proposed rule would not contain an information collection
requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
B. Executive Order 12866--Regulatory Planning and Review
Executive Order (E.O.) 12866 requires that regulatory agencies
assess both the costs and benefits of intended regulations. MSHA has
determined that this proposed rule would not have an annual effect of
$100 million or more on the economy; therefore, the rule would not be
an economically significant regulatory action under section 3(f)(1) of
E.O. 12866.
The changes contained in this proposed rule are nonsubstantive and
organizational in nature. MSHA does not anticipate that this proposed
rule would result in any changes in the way violations for failure to
report certain accidents are evaluated or assessed. The changes would
facilitate more efficient use of MSHA's resources and administrative
processes. The changes would neither alter the compliance burden placed
on mine operators nor impact the health or safety of miners.
List of Subjects
30 CFR Part 50
Investigations, Mine safety and health, Reporting and recordkeeping
requirements.
30 CFR Part 100
Administrative practice and procedures, Mine safety and health,
Penalties.
Dated: December 22, 2009.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977 as amended by the Mine
Improvement and New Emergency Response Act of 2006, MSHA is proposing
to amend chapter I of title 30 of the Code of Federal Regulations as
follows:
PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF
ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN
MINES
1. The authority citation for part 50 continues to read as follows:
Authority: 29 U.S.C. 577(a); 30 U.S.C. 811, 813(j), 951, 957,
961.
2. Revise Sec. 50.10 to read as follows:
Sec. 50.10 Immediate notification.
The operator shall immediately contact MSHA at once without delay
and within 15 minutes at the toll-free number, 1-800-746-1553, once the
operator knows or should know that an accident has occurred involving:
(a) A death of an individual at the mine;
(b) An injury of an individual at the mine which has a reasonable
potential to cause death;
(c) An entrapment of an individual at the mine which has a
reasonable potential to cause death; or
(d) Any other accident.
PART 100--CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL
PENALTIES
3. The authority citation for Part 100 continues to read as
follows:
Authority: 30 U.S.C. 815, 820, 957.
4. In Sec. 100.4, revise the section heading and add paragraph (c)
to read as follows:
Sec. 100.4 Unwarrantable failure and immediate notification.
* * * * *
(c) The penalty for failure to provide timely notification to the
Secretary under section 103(j) of the Mine Act will be not less than
$5,000 and not more than $60,000 for the following accidents:
(1) The death of an individual at the mine, or
(2) An injury or entrapment of an individual at the mine, which has
a reasonable potential to cause death.
Sec. 100.5 [Amended]
5. Amend Sec. 100.5 by removing paragraph (f).
[FR Doc. E9-30607 Filed 12-28-09; 8:45 am]
BILLING CODE 4510-43-P