[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.4]

[Page 186]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart A--General
 
Sec. 44.4  Standard of evaluation of petitions; effect of petitions granted.

    (a) A petition for modification of application of a mandatory safety 
standard may be granted upon a determination that--
    (1) An alternative method of achieving the result of the standard 
exists that will at all times guarantee no less than the same measure of 
protection afforded by the standard, or
    (2) Application of the standard will result in a diminution of 
safety to the miners.
    (b) Except as may be provided in Sec. 44.16 for relief to give 
effect to a proposed decision and order, a decision of an Administrator 
or an administrative law judge granting or denying a petition for 
modification shall not be effective until time for appeal has expired 
under Sec. 44.14 or Sec. 44.33, as appropriate.
    (c) All petitions for modification granted pursuant to this part 
shall have only future effect: Provided, That the granting of the 
modification under this part shall be considered as a factor in the 
resolution of any enforcement action previously initiated for claimed 
violation of the subsequently modified mandatory safety standard. Orders 
granting petitions for modification may contain special terms and 
conditions to assure adequate protection to miners. The modification, 
together with any conditions, shall have the same effect as a mandatory 
safety standard.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]