EX-95.0 9 fmcex95093012.htm EXHIBIT 95
Exhibit 95
MINE SAFETY DISCLOSURES
Section 1503 of the Dodd-Frank Act contains new reporting requirements regarding coal or other mine safety. We operate a mine in conjunction with our Green River, Wyoming facility, which is subject to regulation by the Mine Safety and Health Administration (“MSHA”) under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”), and is therefore subject to these reporting requirements. Presented in the table below is information regarding certain mining safety and health citations which MSHA has issued with respect to our operation as required by the Dodd-Frank Act. In evaluating this information, consideration should be given to the fact that citations and orders can be contested and appealed, and in that process, may be reduced in severity, penalty amount or sometimes dismissed (vacated) altogether.
The letters used as column headings in the table below correspond to the explanations provided underneath the table as to the information set forth in each column with respect to the numbers of violations, orders, citations or dollar amounts, as the case may be, during the third quarter 2012 unless otherwise indicated.

(1) | For each coal or other mine, of which the issuer or a subsidiary of the issuer is an operator:

|  | (A) |  | (B) |  | (C) |  | (D) |  | (E) |  | (F) |  | (G) |  | (H)
Operation Name |  | Section 104 |  | Section 104(b) |  | Section 104(d) |  | Section 110(b)(2) |  | Section 107(a) |  | Proposed Assessments* |  | Fatalities |  | Pending Legal Action
Westvaco |  | 27 |  |  | 6 |  |  | 1 |  |  | — |  |  | — |  |  | $ | 14,293 |  |  | — |  |  | 3 |

____________________

* | Assessments are generally delayed up to 60 days after the close of the inspection.

(A) | The total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety and health hazard under section 104 of the Mine Act for which the operator received a citation from MSHA.

(B) | The total number of orders issued under section 104(b) of the Mine Act.

(C) | The total number of citations and orders for unwarrantable failure of the operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act.

(D) | The total number of flagrant violations under section 110(b)(2) of the Mine Act.

(E) | The total number of imminent danger orders issued under section 107(a) of the Mine Act.

(F) | The total dollar value of proposed assessments from the MSHA under the Mine Act.

(G) | The total number of mining related fatalities.

(H) | Any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mines.

a. | All cases included in the number listed were pending before the Office of Administrative Law Judges of the Federal Mine Safety and Health Review Commission on September 30, 2012.

(2) | A list of such coal or other mines, of which the issuer or a subsidiary of the issuer is an operator, that received written notice from MSHA of (A) a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health and safety hazards under section 104(e) of the Mine Act, or (B) the potential to have such a pattern.

NONE

(3) | Any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine.

SEE COLUMN (H) OF SECTION (1) ABOVE