[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: 30CFR44.52]

[Page 196]
 
                       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 E--Effect of Initial Decision
 
Sec. 44.52  Revocation of modification.

    (a) Petition for revocation. Any party to a proceeding under this 
part in which a petition for modification of a mandatory safety standard 
was granted by an Administrator, administratior law judge, or the 
Assistant Secretary may petition that the modification be revoked. Such 
petition shall be filed with the Chief Administrative Law Judge for 
disposition.
    (b) Revocation by the Administrator. The appropriate Administrator 
may propose to revoke a modification previously granted by the 
Administrator, an administrative law judge, or the Assistant Secretary, 
by issuing a proposed decision and order revoking the modification. Such 
proposed revocation and a statement of reasons supporting the proposal 
must be served upon all parties to the proceeding, and shall become 
final on the 30th day after service thereof unless a hearing is 
requested in accordance with Sec. 44.14.
    (c) Revocation of a granted modification must be based upon a change 
in circumstances or because findings which originally supported the 
modification are no longer valid.
    (d) Disposition of the revocation shall be subject to all procedures 
of subparts C through E of this part.

[55 FR 53443, Dec. 28, 1990]