Exhibit 95
This exhibit contains the information concerning mine safety violations or other regulatory matters required by Section 1503(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The following table provides information about citations, orders and notices issued under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”) by the federal Mine Safety and Health Administration (“MSHA”) for our Hardee, Florida, mine during the fiscal year ended December 31, 2011.
Mine or Operating |
| Section |
| Section |
| Section |
| Section |
| Section |
| Total Dollar |
| Total |
| Received |
| Received |
| Legal |
| Legal |
| Legal |
| |
Hardee Phosphate Complex / 800903 |
| 7 |
| 0 |
| 0 |
| 0 |
| 0 |
| $ | 4,889.00 |
| 1 | (1) | No |
| No |
| 6 | (2) | 7 |
| 1 | (3) |
(1) A subsequent investigation by MSHA concluded that this fatality of a contractor’s employee was attributed to the contractor company’s failure to enforce its internal safety regulations. CF Industries was not held responsible nor were any citations issued to CF Industries as a result of this incident.
(2) All legal actions pending as of December 31, 2011 are contests of citations and orders referenced in Subpart B of the Procedural Rules of the Federal Mine Safety and Health Review Commission (Subpart B of 29 CFR part 2700).
(3) This citation (No. 8553481) regarding training issues was completely vacated by MSHA.