Unwarrantable failure and immediate notification.

§ 100.4 Unwarrantable failure and immediate notification. (a) The minimum penalty for any citation or order issued under section 104(d)(1) of the Mine Act shall be $2,853. (b) The minimum penalty for any order issued under section 104(d)(2) of the Mine Act shall be $5,703. (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 $7,133 and not more than $85,580 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. [72 FR 13635, Mar. 22, 2007, as amended at 74 FR 68919, Dec. 29, 2009; 77 FR 76408, Dec. 28, 2012; 81 FR 43455, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023]