U.S. Department of Labor

Mine Safety and Health Administration 1100 Wilson Boulevard Arlington, Virginia 22209-3939

FROM:           KEVIN G. STRICKLIN
                       Acting Administrator for
                       Coal Mine Safety and Health

                        FELIX QUINTANA
                        Acting Administrator for
                        Metal and Nonmetal Mine Safety and Health

SUBJECT:      Revised Special Assessment Review Form
                         Required by the MINER Act

Scope
This procedure instruction letter applies to all Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and Health enforcement personnel.

Purpose
The purpose of this instruction letter is to implement the use of a revised Special Assessment Review Form (SAR) to ensure that flagrant violations are appropriately identified and assessed in accordance with provisions in the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). The new SAR includes check boxes at each signature level to designate whether or not a violation is considered to be flagrant.

The revised SAR also includes a statement indicating that it contains privileged information and should not be released without the prior consent of the Office of Assessments and/or the Office of the Solicitor. In addition, the new form will be a single sheet rather than the current multi-part document. It will be incorporated into the IPAL system at a future date.

Procedure Instructions
Begin using the revised Special Assessment Review Form immediately upon receipt. Inspectors, supervisors, Assistant District Managers/District Managers must each mark the appropriate flagrant violation check box in their respective recommendation section of the form. The designation checked at the highest signature level will be the determining designation for the Office of Assessments. Make a copy for your files and mail the original form with the violation to the Assessment Center in Wilkes-Barre, Pennsylvania.

Printing and distribution of this form to each district office was expected by the middle of September 2006. Existing supplies may be used until then; however, the term "flagrant violation" must be written in the special assessment recommendation section at each signature level for any violation determined to be flagrant.

Background
With passage of the MINER Act, a civil penalty of up to $220,000 may be assessed for a flagrant violation. A separate Procedure Instruction Letter will be issued to address the requirements and specific instructions regarding the determination of whether or not a violation is considered flagrant. That letter includes instructions to designate on the SAR whether or not the violation is flagrant. This Procedure Instruction Letter is being issued to institute use of a revised SAR that includes check boxes for that designation.

Authority
Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006.

Filing Instructions
This procedure instruction letter should be filed behind the tab marked "Procedure Instruction Letters" in the binder for Program Policy Handbooks and Procedure Instruction Letters.

Issuing Office and Contact Person
Office of Assessments
Linda Weitershausen, (202) 693-9700
e-mail: Weitershausen.linda@dol.gov

Coal Mine Safety and Health
Charles Thomas, (202) 693-9500
e-mail: Thomas.charles@dol.gov

Metal and Nonmetal Mine Safety and Health
Felix Quintana, (202) 693-9600
e-mail: Quintana.felix@dol.gov

Distribution
Coal, Metal and Nonmetal, and Assessments Program Policy Manual Holders