2014-26406. Criteria and Procedures for Assessment of Civil Penalties  

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    AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Proposed rule; notice of public hearings; close of comment period.

    SUMMARY:

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

    DATES:

    MSHA will hold public hearings on December 4, 2014, and December 9, 2014, at the locations listed in the SUPPLEMENTARY INFORMATION section of this document. Post-hearing comments must be received or postmarked by midnight Eastern Time on January 9, 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: zzMSHA-comments@dol.gov. 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, 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.Start Printed Page 66346

    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.

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    FOR FURTHER INFORMATION CONTACT:

    Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at mcconnell.sheila.a@dol.gov (email); 202-693-9440 (voice); or 202-693-9441 (facsimile).

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    SUPPLEMENTARY INFORMATION:

    I. Background

    On July 31, 2014, (79 FR 44494), MSHA published a proposed rule, 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.

    The comment period was scheduled to close on September 29, 2014. MSHA extended the comment period until December 3, 2014 (79 FR 55408) in response to commenters.

    II. Public Hearings

    In response to requests from the public, MSHA will hold two public hearings on the proposed rule to provide the public an opportunity to present their views on this rulemaking. The public hearings will begin at 9 a.m. and end no later than 5 p.m., or earlier if the last person presenting testimony has spoken. MSHA is holding the hearings on the following dates at the locations indicated:

    DateLocationContact No.
    Thursday, December 4, 2014Department of Labor, Mine Safety and Health Administration, 1100 Wilson Boulevard, 25th Floor, Arlington, VA 22209-3939202-693-9440
    Tuesday, December 9, 2014Courtyard by Marriott Denver Downtown, 934 16th Street, Denver, CO 80202303-571-1114

    The hearings will begin with an opening statement from MSHA, followed by oral presentations from members of the public. 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. Persons and organizations wishing to speak are encouraged to notify MSHA in advance for scheduling purposes. 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.

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    Dated: November 3, 2014.

    Joseph A. Main,

    Assistant Secretary of Labor for Mine Safety and Health.

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    [FR Doc. 2014-26406 Filed 11-6-14; 8:45 am]

    BILLING CODE 4510-43-P

Document Information

Published:
11/07/2014
Department:
Mine Safety and Health Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; notice of public hearings; close of comment period.
Document Number:
2014-26406
Dates:
MSHA will hold public hearings on December 4, 2014, and December 9, 2014, at the locations listed in the SUPPLEMENTARY INFORMATION section of this document. Post-hearing comments must be received or postmarked by midnight Eastern Time on January 9, 2015.
Pages:
66345-66346 (2 pages)
Docket Numbers:
Docket No. MSHA-2014-0009
RINs:
1219-AB72: Criteria and Procedures for Proposed Assessment of Civil Penalties
RIN Links:
https://www.federalregister.gov/regulations/1219-AB72/criteria-and-procedures-for-proposed-assessment-of-civil-penalties
PDF File:
2014-26406.Pdf
Supporting Documents:
» Transcript of Proceedings, Criteria and Procedures for Proposed Assessment of Civil Penalties, Public Hearing, Chicago Ill, February 12, 2015.
» Transcript of Proceedings, Criteria and Procedures for Proposed Assessment of Civil Penalties, Public Hearing, Birmingham Al, February 5, 2015.
» Transcript of Proceedings and Hearing Submissions, Criteria and Procedures for Proposed Assessment of Civil Penalties, Public Hearing, Denver, CO, December 9, 2014.
» Transcript of Proceedings and Hearing Submissions, Criteria and Procedures for Proposed Assessment of Civil Penalties, Public Hearing, Arlington VA, December 4, 2014.
» Civil Penalties Part 100 Supporting Materials/Data Files see attachment.
» Needed to Withdraw.
» Edward Jeroski v. Federal Mine Safety and Health Review Commission, 697 F.3d 651, (7th Cir. 2012).
» Secretary of Labor, Mine Safety and Health Administration (MSHA), v. Mize Granite Quarries, Inc., 34 FMSHRC 1760, August 7, 2012.
» Federal Mine Safety and Health Review Commission, Secretary of Labor, Mine Safety and Health Administration (MSHA), v. Mining & Property Specialists, 2011 WL 6326020 (F.M.S.H.R.C.), December 6, 2011.
» United States Code Annotated Title 18. Crimes and Criminal Procedure (Refs & Annos)Part II. Criminal Procedure Chapter 227. Sentences (Refs & Annos) Subchapter A. General Provisions (Refs & Annos) 18 U.S.C.A. § 3553 § 3553. Imposition of a sentence Effect
CFR: (1)
30 CFR 100