7206 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations 

2 15 U.S.C. 78mm(a). 

3 15 U.S.C. 78d–1(a). 

4For information concerning the filing of 

exemptive relief applications, see Exchange Act 

Release No. 39624 (February 5, 1998), 63 FR 8101 

(February 18, 1998); 17 CFR 240.0–12. 

5 5 U.S.C. 553(b)(3)(A). 

laws, despite the inability to comply 

with the requirements of Rule 14a–3(b) 

and Rule 14c–3(a) under the Exchange 

Act. Although these situations are 

infrequent, we recognize the need to 

flexibly address this conflict in limited 

circumstances. 

Section 36(a) provides that ‘‘the 

Commission, by rule, regulation, or 

order, may conditionally or 

unconditionally exempt any person, 

security, or transaction, or any class or 

classes of persons, securities, or 

transactions, from any provision or 

provisions of this title or of any rule or 

regulation thereunder, to the extent that 

such exemption is necessary or 

appropriate in the public interest, and is 

consistent with the protection of 

investors.’’ 2 Section 4A(a) of the 

Exchange Act grants the Commission 

‘‘the authority to delegate, by published 

order or rule, any of its functions to a 

division of the Commission.’’ 3

The delegation of authority to the 

Director is intended to conserve 

Commission resources by permitting the 

staff, pursuant to Section 36(a), to 

review and act on applications for 

exemption from Rule 14a–3(b) and Rule 

14c–3(a) in cases where upon 

examination, the matter does not appear 

to present significant issues that have 

not been addressed previously or to 

raise questions of fact or policy 

indicating that the public interest or the 

interest of investors warrants that the 

Commission consider the matter. 

Nevertheless, the staff may submit 

matters to the Commission for 

consideration as it deems appropriate. 

In addition, under Section 4A(b) of the 

Exchange Act, the Commission retains 

discretionary authority to review upon 

its own initiative or, pursuant to 

Commission Rule 430, upon application 

by a party adversely affected, any 

exemption granted or denied by the 

Director pursuant to delegated 

authority.4

The Commission finds, in accordance 

with Section 553(b)(3)(A) of the 

Administrative Procedure Act,5 that this 

amendment relates solely to agency 

organization, procedure, or practice, and 

does not relate to a substantive rule. 

Accordingly, notice, opportunity for 

public comment, and publication of the 

amendment prior to its effective date are 

unnecessary. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Organization 

and functions (Government agencies). 

Text of Amendment 

■ In accordance with the preamble, the 

Commission hereby amends Title 17, 

Chapter II of the Code of Federal 

Regulations as follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

■ 1. The authority citation for part 200, 

subpart A, continues to read in part as 

follows: 

Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 

78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37, 

80b–11, and 7202, unless otherwise noted. 

* * * * * 

■ 2. Section 200.30–1 is amended by 

adding paragraph (e)(18) to read as 

follows: 

§ 200.30–1 Delegation of authority to 

Director of Division of Corporation Finance. 

* * * * * 

(e) * * * 

(18) To review and, either 

unconditionally or upon specified terms 

and conditions, grant or deny 

exemptions from the requirements of 

Rules 14a–3(b) and 14c–3(a) 

(§§ 240.14a–3(b) and 240.14c–3(a) of 

this chapter) under the Act pursuant to 

Section 36 of the Act, in cases where 

upon examination, the matter does not 

appear to the Director to present 

significant issues that have not been 

addressed previously or to raise 

questions of fact or policy indicating 

that the public interest or the interest of 

investors warrants that the Commission 

consider the matter, where an applicant 

demonstrates that it: 

(i) Is required to hold a meeting of 

security holders as a result of an action 

taken by one or more of the applicant’s 

security holders pursuant to state law; 

(ii) Is unable to comply with the 

requirements of Rule 14a–3(b) or Rule 

14c–3(a) under the Act for audited 

financial statements to be included in 

the annual report to security holders to 

be furnished to security holders in 

connection with the security holder 

meeting required to be held as a result 

of the security holder demand under 

state law; 

(iii) Has made a good faith effort to 

furnish the audited financial statements 

before holding the security holder 

meeting; 

(iv) Has made a determination that it 

has disclosed to security holders all 

available material information necessary 

for the security holders to make an 

informed voting decision in accordance 

with Regulation 14A or Regulation 14C 

(§§ 240.14a–1–240.14b–2 or §§ 240.14c–

1–240.14c–101 of this chapter); and 

(v) Absent a grant of exemptive relief, 

it would be forced to violate either state 

law or the rules and regulations 

administered by the Commission. 

* * * * * 

Dated: February 4, 2008. 

By the Commission. 

Nancy M. Morris, 

Secretary. 

[FR Doc. E8–2246 Filed 2–6–08; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 100 

RIN 1219–AB57 

Criteria and Procedures for Proposed 

Assessment of Civil Penalties 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Final rule. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is revising its 

civil penalty assessment amounts to 

adjust for inflation. The Debt Collection 

Improvement Act of 1996 (DCIA) 

requires MSHA to adjust all civil 

penalties for inflation at least once every 

four years according to the formula 

specified in the Federal Civil Penalties 

Inflation Adjustment Act of 1990 

(Inflation Adjustment Act). The revised 

penalties apply to citations and orders 

issued on or after the effective date of 

this rule. 

DATES: This final rule is effective on 

March 10, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, 1100 Wilson Blvd., Room 2350, 

Arlington, Virginia 22209–3939, 

silvey.patricia@dol.gov, 202–693–9440 

(telephone), or 202–693–9441 

(facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Final Rule 

The Administrative Procedure Act 

(APA) requires that rulemakings be 

published in the Federal Register and 

requires generally that agencies provide 

an opportunity for public comment. 

However, notice and an opportunity for 

public comment are not required when 


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the agency ‘‘for good cause finds’’ that 

notice and comment ‘‘are impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5 U.S.C. 553(b)(B). 

The Inflation Adjustment Act, as 

amended by the DCIA, requires MSHA 

to review and, where appropriate, adjust 

its civil penalties for inflation at least 

once every four years. The DCIA 

prescribes the formula for any such 

adjustments. The decision whether to 

make adjustments and the amount of 

any adjustments are not within MSHA’s 

discretion. MSHA is required to perform 

mathematical computations based on 

published cost-of-living data and adjust 

its maximum penalties accordingly. For 

this reason, MSHA has determined for 

good cause that public notice and 

comment are unnecessary, impractical, 

or contrary to the public interest and 

that this rule should be published in 

final form. In accordance with the APA, 

this rule is effective 30 days after the 

date of publication in the Federal 

Register. 

II. Rulemaking Background 

On March 22, 2007 (72 FR 13592), 

MSHA published the final rule, Criteria 

and Procedures for Proposed 

Assessment of Civil Penalties (Civil 

Penalties), that implemented the civil 

penalty provisions in Sections 5 and 8 

of the Mine Improvement and New 

Emergency Response Act of 2006 

(MINER Act) and revised existing civil 

penalty regulations in part 100 of Title 

30 in the Code of Federal Regulations 

(CFR). Although MSHA significantly 

increased civil penalties in the final 

rule, the Agency retained the $60,000 

maximum for non-flagrant civil 

penalties. The Agency also retained the 

$6,500 maximum daily penalty and the 

$275 maximum penalty for smoking or 

carrying smoking materials. 

III. Discussion of the Final Rule 

A. General Discussion 

In passing the Inflation Adjustment 

Act, Congress noted a concern for civil 

penalties to keep pace with inflation. 

Section 5 provides an inflation 

adjustment formula that defines a ‘‘costof-living’’ adjustment as—

* * * the percentage (if any) for each civil 

monetary penalty by which—

(1) the Consumer Price Index for the month 

of June of the calendar year preceding the 

adjustment, exceeds 

(2) the Consumer Price Index for the month 

of June of the calendar year in which the 

amount of such civil monetary penalty was 

last set or adjusted pursuant to law. 

Section 3(3) defines the term 

‘‘Consumer Price Index’’ (CPI) to mean 

‘‘the Consumer Price Index for all-urban 

consumers published by the Department 

of Labor.’’

Section 5(a) included criteria for 

rounding the cost-of-living adjustment 

amount as follows: 

Any increase * * * shall be rounded to the 

nearest—

(1) multiple of $10 in the case of penalties 

less than or equal to $100; 

(2) multiple of $100 in the case of penalties 

greater than $100 but less than or equal to 

$1,000; 

(3) multiple of $1,000 in the case of 

penalties greater than $1,000 but less than or 

equal to $10,000; 

(4) multiple of $5,000 in the case of 

penalties greater than $10,000 but less than 

or equal to $100,000; 

(5) multiple of $10,000 in the case of 

penalties greater than $100,000 but less than 

or equal to $200,000; and 

(6) multiple of $25,000 in the case of 

penalties greater than $200,000. 

This final rule makes a cost-of-living 

adjustment to MSHA’s proposed civil 

penalty assessment amounts in 

accordance with the Inflation 

Adjustment Act. MSHA is adjusting the 

following three civil penalties in 30 CFR 

part 100: The maximum civil penalty, 

the maximum daily penalty, and the 

maximum miner smoking penalty. 

These penalties were last adjusted, as 

appropriate, in 2003 based on the CPI of 

the previous year. MSHA adjusted the 

maximum civil penalty and the 

maximum daily penalty. The maximum 

smoking penalty was last adjusted in 

1998 from $250 to $275. It was not 

adjusted in 2003 because the increase 

under the inflation adjustment formula 

rounded to zero. 

MSHA is adjusting the maximum civil 

penalty and the maximum daily penalty 

based on the percentage change in the 

CPI between June of 2003 and June of 

2007. MSHA is adjusting the maximum 

smoking penalty based on the 

percentage change in the CPI between 

June 1998 and June 2007. 

During the four-year period from June 

2003 to June 2007, inflation was 

approximately 13.4%. During the nineyear period from June 1998 to June 

2007, inflation was approximately 

27.8%. In the final rule, MSHA has 

adjusted the maximum civil penalty and 

the maximum daily penalty by 13.4% 

and the maximum smoking penalty by 

27.8%, and rounded each increase in 

accordance with the Congressional 

rounding formula. 

B. Section-by-Section Analysis 

The following is an analysis of the 

final rule’s effect on existing civil 

penalty amounts. 

Section 100.3 Determination of 

Penalty Amount; Regular Assessment 

This section addresses the 

determination of a penalty amount for 

violations of the Mine Act, as amended, 

and MSHA’s safety and health 

regulations, under the regular civil 

penalty assessment provision. 

Final § 100.3(a)(1) provides the 

criteria for determining penalty 

assessments and specifies a maximum 

dollar amount for a proposed civil 

penalty assessment. To adjust the 

existing maximum civil penalty 

assessment of $60,000 for inflation, 

MSHA applied the 13.4% inflation 

increase, which resulted in $8,052. 

MSHA rounded the increase to $10,000 

in accordance with the Inflation 

Adjustment Act. This final rule 

increases the maximum civil penalty to 

$70,000. 

Section 100.3(g) contains a penalty 

conversion table that correlates the total 

points assigned for each criterion listed 

in this section with a proposed civil 

penalty dollar amount. The existing rule 

provides a penalty range of $112 to 

$60,000, and violations assessed 

through the regular formula receive the 

maximum penalty only if they receive 

140 points or more. The final rule 

provides a penalty range of $112 to 

$70,000, and violations receive the 

maximum penalty if they receive 144 

points or more. 

Violations receiving 140 or fewer 

points have no penalty increase because 

MSHA last adjusted these penalties in 

March 2007, and the average penalty 

increase at that time was greater than 

the amount of inflation. 

Under the existing penalty conversion 

table, assessments for violations with 

133 to 140 points increase at a constant 

rate of $3,071 per point. Final § 100.3(g) 

provides that assessments for violations 

with 141 or more points increase at the 

same constant rate of $3,071 per point 

until the new maximum penalty is 

reached. The final rule assigns a 

regularly assessed violation with more 

than 140 points new penalty amounts 

of: 141 points, $63,071; 142 points, 

$66,142; 143 points, $69,213; and 144 or 

more points, $70,000. 

Section 100.5 Determination of 

Penalty Amount; Special Assessment 

Section 100.5 provides for a special 

assessment for violations that MSHA 

determines should not be processed 

under the regular assessment provision. 

Once MSHA determines that a special 

assessment is appropriate, the Agency 

will base the proposed penalty on the 

criteria listed in § 100.3(a). 

Section 100.5(c) addresses penalties 

which may be assessed daily to an 


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7208 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations 

operator who fails to correct a violation 

for which a citation has been issued 

under Section 104(a) of the Mine Act 

within the time allowed. The existing 

maximum daily penalty assessment is 

$6,500. MSHA applied the 13.4% 

inflation increase, which resulted in 

$872. MSHA rounded the increase to 

$1,000 in accordance with the Inflation 

Adjustment Act. This final rule 

increases the maximum daily penalty to 

$7,500. 

Section 100.5(d) addresses penalties 

for miners who violate mandatory safety 

standards relating to smoking and 

smoking materials underground. The 

existing maximum smoking penalty is 

$275. MSHA applied the 27.8% 

inflation increase, which resulted in 

$77. MSHA rounded the increase to 

$100 in accordance with the Inflation 

Adjustment Act. This final rule raises 

the maximum smoking penalty to $375. 

IV. Executive Order 12866 

Executive Order 12866 requires that 

regulatory agencies assess both the costs 

and benefits of significant regulatory 

actions. Under the Executive Order, a 

‘‘significant regulatory action’’ is one 

meeting any of a number of specified 

conditions, including the following: 

Having an annual effect on the economy 

of $100 million or more, creating a 

serious inconsistency or interfering with 

an action of another agency, materially 

altering the budgetary impact of 

entitlements or the rights of entitlement 

recipients, or raising novel legal or 

policy issues. This rule is not classified 

as a ‘‘significant’’ regulatory action. 

MSHA, however, is providing the 

following summary of the costs and 

benefits of this regulatory action. 

A. Population at Risk 

This final rule will apply to the entire 

mining industry. Based on 2006 data, 

this rule covers 2,113 coal mines 

employing 81,985 miners and 3,708 

office workers; and 12,772 metal and 

nonmetal mines employing 157,850 

miners and 26,727 office workers. In 

addition, this rule covers 2,724 

independent contractors in coal mines 

employing 37,282 workers, and 4,686 

independent contractors in metal and 

nonmetal mines employing 55,945 

workers. 

B. Benefits 

MSHA has qualitatively determined 

that this final rule will yield health and 

safety benefits by keeping civil penalties 

at a constant level, adjusted for 

inflation, in accordance with the 

Inflation Adjustment Act. 

C. Compliance Costs 

1. Summary 

For purposes of analyzing the 

economic effects of this final rule, 

MSHA focuses on the likely change in 

costs to mine operators and 

independent contractors that receive 

civil penalties. 

The estimated cost of this final rule is 

the change in dollar amounts paid for 

civil penalties. There is no real cost of 

the rule because the increase in the 

amount of civil penalties adjusts for 

inflation. However, there is a ‘‘nominal’’

cost attributable to the rule. A nominal 

cost reflects the increase in absolute 

dollars, unadjusted for any change in 

the price level. MSHA addresses the 

nominal cost of the rule below. 

2. Analysis of Impact of Increased Civil 

Penalty Assessments 

This final rule raises the maximum 

civil penalty, the maximum daily 

penalty, and the maximum smoking 

penalty. In its cost analysis, based upon 

experience, MSHA estimates that the 

final rule will not have a significant cost 

impact due to the adjustment of the 

maximum civil penalty. MSHA has not 

estimated costs for increases in the 

maximum daily penalty and maximum 

smoking penalty. The Agency concludes 

that they will result in a de minimis cost 

impact. 

Three types of violations are affected 

by an increase in the maximum civil 

penalty: 

(1) Violations processed as special 

assessments that receive the maximum 

penalty. Based on historical data on 

special assessments for the maximum 

penalty, MSHA estimates an average of 

13 violations per year. MSHA assumes 

that the increased cost would be 

$10,000 for each special assessment 

receiving the maximum penalty. 

(2) Violations processed as regular 

assessments with 141 or more points 

that do not receive a 10% discount for 

timely abatement. MSHA estimates that 

five violations per year will be of this 

type. Violations that receive 141–143 

points will receive an average increase 

of $6,142 under this final rule; 

violations that receive 144 or more 

points will receive an increase of 

$10,000. MSHA estimates that two 

violations will receive 141–143 points 

and three will receive 144 or more 

points, for an average increase of $8,457. 

(3) Violations processed as regular 

assessments with 141 or more points 

that receive a 10% discount for timely 

abatement. MSHA estimates that 

approximately 11 violations per year 

will be of this type. Violations that 

receive 141–143 points will receive an 

average increase of $5,528; violations 

that receive 144 or more penalty points 

will receive an increase of $9,000. 

MSHA estimates that four violations 

will receive 141–143 points and seven 

will receive 144 or more points, for an 

average increase of $7,737. 

Table IV–1 summarizes MSHA’s 

analysis. 

TABLE IV–1. ANNUAL PENALTY INCREASE BY VIOLATION TYPE

Type of assessment Violations per 

year 

Average increase 

per violation 

Annual increase in 

nominal penalties 

Special ......................................................................................................... 13 $10000 $130,000 

Regular (No Discount) ................................................................................. 5 8,457 42,285 

Regular (10% Discount) .............................................................................. 11 7,737 85,107 

Total ...................................................................................................... 29 8,876 257,392 

V. Feasibility 

MSHA has concluded that the 

requirements of this final rule are 

technologically and economically 

feasible. 

VI. Regulatory Flexibility Act and 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

The Regulatory Flexibility Act (RFA) 

of 1980, as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant impact on a 

substantial number of small entities. As 

notice and public comment are not 


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Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations 7209 

required for this rule, a regulatory 

flexibility analysis is not required. 

However, MSHA did analyze the impact 

of this final rule on small entities. 

The annual cost of the rule for coal 

mines is $229,286, of which $201,180 

would be for coal mines with 1–500 

employees. The annual cost of the rule 

for metal and nonmetal mines is 

$28,106, of which $23,668 would be for 

metal and nonmetal mines with 1–500 

employees. MSHA has concluded that 

the final rule will not have a significant 

impact on a substantial number of small 

entities. 

VII. Paperwork Reduction Act of 1995 

This final rule does not require any 

paperwork or information collection. 

VIII. Other Regulatory Considerations 

A. 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; nor does it 

increase private sector expenditures by 

more than $100 million annually; nor 

does it significantly or uniquely affect 

small governments. Accordingly, the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1501 et seq.) requires no 

further agency action or analysis. 

B. Executive Order 13132: Federalism 

This final rule does not have 

‘‘federalism implications’’ because it 

does not ‘‘have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

Accordingly, Executive Order 13132, 

Federalism, requires no further agency 

action or analysis. 

C. The Treasury and General 

Government Appropriations Act of 

1999: Assessment of Federal 

Regulations and Policies on Families 

This final rule will have no effect on 

family well-being or stability, marital 

commitment, parental rights or 

authority, or income or poverty of 

families and children. Accordingly, 

§ 654 of the Treasury and General 

Government Appropriations Act of 1999 

(5 U.S.C. 601 note) requires no further 

agency action, analysis, or assessment. 

D. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This final rule will not implement a 

policy with takings implications. 

Accordingly, Executive Order 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights, requires no further agency action 

or analysis. 

E. Executive Order 12988: Civil Justice 

Reform 

This final rule was drafted and 

reviewed in accordance with Executive 

Order 12988, Civil Justice Reform. This 

final rule was written to provide a clear 

legal standard for affected conduct and 

was carefully reviewed to eliminate 

drafting errors and ambiguities, so as to 

minimize litigation and undue burden 

on the Federal court system. MSHA has 

determined that this final rule meets the 

applicable standards provided in § 3 of 

Executive Order 12988. 

F. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This final rule will have no adverse 

impact on children. Accordingly, 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks, as amended by 

Executive Orders 13229 and 13296, 

requires no further agency action or 

analysis. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This final rule does not have ‘‘tribal 

implications’’ because it does not ‘‘have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes.’’

Accordingly, Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, requires no 

further agency action or analysis. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule has been reviewed for 

its impact on the supply, distribution, 

and use of energy because it applies to 

the coal mining industry. Insofar as this 

final rule will result in added yearly 

civil penalty assessments of 

approximately $229,000 to the coal 

mining industry, relative to annual 

revenues of $28.9 billion in 2006, it is 

not a ‘‘significant energy action’’

because it is not ‘‘likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy * * * 

(including a shortfall in supply, price 

increases, and increased use of foreign 

supplies).’’ Accordingly, Executive 

Order 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use, 

requires no further Agency action or 

analysis. 

I. Executive Order 13272: Proper 

Consideration of Small Entities in 

Agency Rulemaking 

MSHA has reviewed the final rule to 

assess and take appropriate account of 

its potential impact on small businesses, 

small governmental jurisdictions, and 

small organizations. MSHA has 

determined and certified that the final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

J. Congressional Review Act 

The Congressional Review Act, 

codified at 5 U.S.C. 801 et seq., provides 

generally that ‘‘major rules’’ cannot take 

effect until 60 days after publication of 

the rule in the Federal Register and 

delivery of the rule to each House of 

Congress and to the U.S. Comptroller 

General. MSHA has concluded, in 

agreement with the Office of 

Information and Regulatory Affairs at 

the Office of Management and Budget, 

that this rule is not a ‘‘major rule’’ for 

this purpose. For this reason, the rule 

will take effect on the date indicated. 

List of Subjects in 30 CFR Part 100 

Mine safety and health, Penalties. 

Dated: January 31, 2008. 

Richard E. Stickler, 

Acting Assistant Secretary for Mine Safety 

and Health. 

■ Under the authority of the Federal 

Mine Safety and Health Act of 1977, as 

amended, Chapter I of Title 30, Code of 

Federal Regulations, part 100 is revised 

to read as follows: 

PART 100—CRITERIA AND 

PROCEDURES FOR PROPOSED 

ASSESSMENT OF CIVIL PENALTIES 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 30 U.S.C. 815, 820, 957. 

■ 2. Section 100.3 is amended by 

revising paragraph (a)(1) introductory 

text and Table XIV in paragraph (g), to 

read as follows: 

§ 100.3 Determination of penalty amount; 

regular assessment. 

(a) General. (1) Except as provided in 

§ 100.5(e), the operator of any mine in 

which a violation occurs of a mandatory 

health or safety standard or who violates 

any other provision of the Mine Act, as 

amended, shall be assessed a civil 

penalty of not more than $70,000. Each 

occurrence of a violation of a mandatory 


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safety or health standard may constitute 

a separate offense. The amount of the 

proposed civil penalty shall be based on 

the criteria set forth in sections 105(b) 

and 110(i) of the Mine Act. These 

criteria are: 

* * * * * 

(g) * * * 

TABLE XIV.—PENALTY CONVERSION

TABLE

Points Penalty ($) 

60 or fewer ........................... 112 

61 .......................................... 121 

62 .......................................... 131 

63 .......................................... 142 

64 .......................................... 154 

65 .......................................... 167 

66 .......................................... 181 

67 .......................................... 196 

68 .......................................... 212 

69 .......................................... 230 

70 .......................................... 249 

71 .......................................... 270 

72 .......................................... 293 

73 .......................................... 317 

74 .......................................... 343 

75 .......................................... 372 

76 .......................................... 403 

77 .......................................... 436 

78 .......................................... 473 

79 .......................................... 512 

80 .......................................... 555 

81 .......................................... 601 

82 .......................................... 651 

83 .......................................... 705 

84 .......................................... 764 

85 .......................................... 828 

86 .......................................... 897 

87 .......................................... 971 

88 .......................................... 1,052 

89 .......................................... 1,140 

90 .......................................... 1,235 

91 .......................................... 1,337 

92 .......................................... 1,449 

93 .......................................... 1,569 

94 .......................................... 1,700 

95 .......................................... 1,842 

96 .......................................... 1,995 

97 .......................................... 2,161 

98 .......................................... 2,341 

99 .......................................... 2,536 

100 ........................................ 2,748 

101 ........................................ 2,976 

102 ........................................ 3,224 

103 ........................................ 3,493 

104 ........................................ 3,784 

105 ........................................ 4,099 

106 ........................................ 4,440 

107 ........................................ 4,810 

108 ........................................ 5,211 

109 ........................................ 5,645 

110 ........................................ 6,115 

111 ........................................ 6,624 

112 ........................................ 7,176 

113 ........................................ 7,774 

114 ........................................ 8,421 

115 ........................................ 9,122 

116 ........................................ 9,882 

117 ........................................ 10,705 

118 ........................................ 11,597 

119 ........................................ 12,563 

120 ........................................ 13,609 

TABLE XIV.—PENALTY CONVERSION

TABLE—Continued 

Points Penalty ($) 

121 ........................................ 14,743 

122 ........................................ 15,971 

123 ........................................ 17,301 

124 ........................................ 18,742 

125 ........................................ 20,302 

126 ........................................ 21,993 

127 ........................................ 23,825 

128 ........................................ 25,810 

129 ........................................ 27,959 

130 ........................................ 30,288 

131 ........................................ 32,810 

132 ........................................ 35,543 

133 ........................................ 38,503 

134 ........................................ 41,574 

135 ........................................ 44,645 

136 ........................................ 47,716 

137 ........................................ 50,787 

138 ........................................ 53,858 

139 ........................................ 56,929 

140 ........................................ 60,000 

141 ........................................ 63,071 

142 ........................................ 66,142 

143 ........................................ 69,213 

144 or more .......................... 70,000 

* * * * * 

■ 3. Section 100.5 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 100.5 Determination of penalty amount; 

special assessment. 

* * * * * 

(c) Any operator who fails to correct 

a violation for which a citation has been 

issued under Section 104(a) of the Mine 

Act within the period permitted for its 

correction may be assessed a civil 

penalty of not more than $7,500 for each 

day during which such failure or 

violation continues. 

(d) Any miner who willfully violates 

the mandatory safety standards relating 

to smoking or the carrying of smoking 

materials, matches, or lighters shall be 

subject to a civil penalty of not more 

than $375 for each occurrence of such 

violation. 

* * * * * 

[FR Doc. E8–2226 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–43–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2002–0034; FRL–8522–4] 

RIN 2060–AM85 

National Emission Standards for 

Hazardous Air Pollutants for Iron and 

Steel Foundries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing amendments to 

the national emission standards for 

hazardous air pollutants (NESHAP) for 

iron and steel foundries. These final 

amendments add alternative compliance 

options for cupolas at existing foundries 

and clarify several provisions to 

increase operational flexibility and 

improve understanding of the final rule 

requirements. 

DATES: These final amendments are 

effective on February 7, 2008. The 

incorporation by reference of certain 

publications listed in these amendments 

is approved by the Director of the 

Federal Register as of February 7, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2002–0034. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the National Emission Standards for 

Hazardous Air Pollutants for Iron and 

Steel Foundries Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–

1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Phil Mulrine, Sector Policies and 

Programs Division, Office of Air Quality 

Planning and Standards (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, telephone number: (919) 541–

5289; fax number: (919) 541–3207; email address: mulrine.phil@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this 

document? 

C. Judicial Review 

II. Background Information 


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