30 CFR § 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 §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 §44.14 or §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]
