60984 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 47

RIN 1219–AB04

National Mine Health and Safety

Academy

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Final rule.

SUMMARY: This final rule amends the

existing MSHA standards for charging

tuition and room and board at MSHA’s

National Mine Health and Safety

Academy (Academy) in Beckley, West

Virginia. The final rule provides that

MSHA may waive tuition fees and room

and board charges for the training or

meetings of students and non-profit

organizations, after the Agency

determines that the program would

improve the implementation of a

statutory function or an activity under

the Federal Mine Safety and Health Act

of 1977 (Mine Act) or a function related

to an MSHA appropriation.

EFFECTIVE DATE: November 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director; MSHA,

Office of Standards, Regulations, and

Variances; phone 703–235–1910.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

This final rule contains no

information collection requirements.

II. Introduction and Rulemaking

Background

Under § 502(c)(1) of the Mine Act, the

Academy is responsible for training

programs for mine inspectors, mining

personnel, or other persons as

designated by the Secretary of Labor.

On March 22, 1985, MSHA published

a final rule (50 FR 11642) in part 47 of

title 30 of the Code of Federal

Regulations. Part 47 contains the

Agency’s regulations on tuition fees,

procedures for tuition payment and

refunds, and charges for room and

board. The rule was promulgated

pursuant to OMB Circular A–25, which

provides that government agencies are

to recover all expenses for federally

provided services which convey special

benefits to recipients beyond those

accruing to the general public.

Existing § 47.10 provides that the

Academy will charge tuition fees to all

persons attending Academy courses

except employees of Federal, State, or

local governments and persons

attending the Academy under an MSHA

State grant program. The authority to

waive tuition fees was based, in part,

upon § 302 of the Intergovernmental

Personnel Act of 1970 (42 U.S.C. 4742),

which generally permits Federal

agencies to admit State and local

government employees to Agency

training programs established for

Federal personnel and to waive the

costs of training.

Existing § 47.50 states that the

Academy will charge room and board to

all persons staying at the Academy

except MSHA personnel, other persons

performing a direct service for MSHA,

and persons attending the Academy

under a program supported through an

MSHA State grant. Under existing

§ 47.50, MSHA has discretion, although

very limited, to waive expenses for

room and board for private persons,

provided that they are performing a

direct service for MSHA. For example,

this provision may be applied when

persons actively participate in the

presentation of an Agency-sponsored

event.

The general prohibition on waiving

the collection of room and board

expenses was derived from 31 U.S.C.

551 (now 31 U.S.C. 1345) which

prohibits the use of appropriated funds

for transportation and room and board

for non-governmental personnel. The

narrow discretion to waive the

collection of room and board expenses

for private persons performing a direct

service for MSHA was derived from 5

U.S.C. 5703 which authorizes per diem,

travel, and transportation expenses for

non-governmental personnel, such as

experts, consultants, and persons

serving without pay.

Since promulgation of the current

regulation, the Department of Labor has

received permanent Congressional

authorization to use appropriated funds

for expenses for non-governmental

attendees at meetings, including

training seminars. Section 505 of Pub. L.

102–394, 106 Stat. 1792 (Oct. 6, 1992),

the Departments of Labor, Health and

Human Services, and Education, and

Related Agencies Appropriations Act for

fiscal year 1993 provides permanent

authority to use specified

appropriations for:

* * * [the] expenses of attendance at

meetings which are concerned with the

functions or activities for which the

appropriation is made or which will

contribute to improved conduct, supervision,

or management of those functions or

activities.

MSHA believes that this authority can

be used effectively to advance safety

and health protection for the Nation’s

miners by fostering the professional

expertise and participation of non-profit

organizations and students who can

assist the Agency in the implementation

of its statutory functions related to

activities such as inspections,

investigations, compliance promotions,

accident prevention initiatives, and

training development programs.

On occasion, under appropriate

statutory authority, MSHA authorizes,

on a reimbursable basis, use of the

Academy for programs unrelated to the

Agency’s mission. This practice is

unchanged by the final rule.

III. Discussion and Summary of the

Final Rule

The final rule amends existing

§§ 47.10 and 47.50, regarding tuition

fees and room and board charges at the

Academy by adding a new provision

allowing MSHA discretion to waive

such fees and charges for students, or

persons employed by non-profit

organizations to attend training or

meetings. MSHA may waive such fees

only when training or a meeting at the

Academy would contribute to an

improvement in the conduct,

supervision, or management of a Mine

Act function or activity or a function

related to an MSHA appropriation. The

training or meeting would have to be

MSHA-sponsored, and the qualifying

non-governmental personnel would

have to be invited by MSHA to

participate in the training or meeting.

Requests for waivers must be in writing.

The objective of this rule is to further

MSHA’s mission of preventing

accidents and illnesses among miners

through education. The waiver of fees

and room and board charges will be

dependent upon the availability of

MSHA resources. In implementing this

rule, MSHA may waive fees and charges

after determining that the content of the

training or meeting furthers the

Agency’s mission or a function related

to an MSHA appropriation. MSHA will

not waive fees and room and board

charges for any program unrelated to the

Agency’s mission.

MSHA reserves the authority not to

grant a waiver of fees, in whole or in

part, although the training or meeting

may directly further the Agency’s

mission and the person is invited by

MSHA. The Agency intends to

administer the rule in a fair and

equitable manner in order to expand

safety and health educational

opportunities for the mining public.

Training for MSHA personnel will be

given first priority.

IV. Exemption From Notice and

Comment

This final rule amends a general

statement of Agency practice and relates
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations 60985

to Agency management. Publication of a

general notice of proposed rulemaking,

therefore, is not required by the

Administrative Procedure Act, 5 U.S.C.

553.

V. Executive Order 12866, the

Regulatory Flexibility Act, and the

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

Executive Order 12866 requires that

regulatory agencies assess both the costs

and benefits of final regulations. It has

been determined that this final rule is a

significant regulatory action. MSHA has

determined that this final rule will

further the Agency’s mission of

preventing accidents and illnesses

among miners through education at an

annual cost of approximately $60,000.

The Regulatory Flexibility Act (RFA)

requires regulatory agencies to consider

a rule’s impact on small entities. Under

the SBREFA amendments to the RFA,

MSHA must consult with the Small

Business Administration (SBA)

concerning any rule for which a

regulatory flexibility analysis is

required. This is not a major rule under

SBREFA. This final rule imposes no

costs on the public. A regulatory

flexibility analysis, therefore, is not

required. In the spirit of SBREFA,

however, the Agency has provided a

copy of this final rule and regulatory

flexibility certification statement to the

SBA Office of Advocacy. In addition,

MSHA will mail a copy of the final rule,

including the preamble and regulatory

flexibility certification statement, to all

mine operators and miners’

representatives.

Regulatory Flexibility Certification

Statement

In accordance with § 605 of the RFA,

MSHA certifies that this final rule

would not have a significant economic

impact on a substantial number of small

entities.

Factual Basis for Certification

The Agency has used a qualitative

approach in concluding that the final

rule does not have a significant impact

on a substantial number of small

entities. MSHA estimated that the final

rule would result in an annual net

benefit to the public and that the only

effect of the final rule will be to reduce

costs to the public. Therefore, there is

no need for a regulatory flexibility

analysis.

VI. Unfunded Mandates Reform Act of

1995

MSHA has determined that, for

purposes of § 202 of the Unfunded

Mandates Reform Act of 1995, this final

rule does not include any Federal

mandate that may result in increased

expenditures by State, local, or tribal

governments in the aggregate of more

than $100 million, or increased

expenditures by the private sector of

more than $100 million. Moreover, the

Agency has determined that for

purposes of § 203 of that Act, this final

rule does not significantly or uniquely

affect small governments.

List of Subjects in 30 CFR Part 47

Education, Intergovernmental

relations, Mine safety and health.

Dated: November 6, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

Accordingly, part 47, chapter I,

subchapter H, of title 30 of the Code of

Federal Regulations is amended as

follows:

PART 47—[AMENDED]

1. The authority citation for part 47

continues to read as follows:

Authority: 30 U.S.C. 957.

2. Section 47.10 is revised to read as

follows:

§ 47.10 Tuition fees.

The National Mine Health and Safety

Academy, located in Beckley, West

Virginia, will charge tuition fees to all

persons attending Academy courses,

except employees of Federal, State, or

local governments, persons attending

the Academy under a program

supported through an MSHA State

grant, and persons performing a direct

service. Also, subject to available

resources, MSHA may waive all or part

of fees for students, or persons

employed by a non-profit organization,

who are invited by MSHA to attend an

Academy course which would, in the

Agency’s judgment, contribute to

improved conduct, supervision, or

management of a function or activity

under the Federal Mine Safety and

Health Act of 1977 or a function related

to an MSHA appropriation. Requests for

waivers must be in writing.

3. Section 47.50 is revised to read as

follows:

§ 47.50 Charges for room and board.

The Academy will charge room and

board to all persons staying at the

Academy, except MSHA personnel,

persons attending the Academy under a

program supported through an MSHA

State grant, and persons performing a

direct service. Also, subject to available

resources, MSHA may waive all or part

of fees for students, or persons

employed by a non-profit organization,

who are invited by MSHA to attend an

MSHA-sponsored training or meeting

which would, in the Agency’s judgment,

contribute to improved conduct,

supervision, or management of a

function or activity under the Federal

Mine Safety and Health Act of 1977 or

a function related to an MSHA

appropriation. Requests for waivers

must be in writing. Charges for room

and board will be based upon the

average cost per person of the lodging,

meals, and services provided and will

be reassessed on an annual basis.

[FR Doc. 97–29900 Filed 11–12–97; 8:45 am]

BILLING CODE 4510–43–P