(a) The Administrator may propose to revise the terms and conditions
of a granted modification by issuing an amended proposed decision and order,
along with a statement of reasons for the amended proposed decision and
order, when one or both of the following occurs:
(1) A change in circumstances which originally supported
the terms and conditions of the modification.
(2) The Administrator determines that findings which
originally supported the terms and conditions of the modification are no
longer valid.
(b) The Administrator's amended proposed decision and order shall be
served upon all parties to the proceeding and shall become final upon the
30th day after service thereof, unless a request for hearing on the proposed
amendments is filed under §44.14. If a request for
hearing is filed, the amended proposed decision and order shall be subject
to all procedures of subparts C through E of this part as if it were a
proposed decision and order of the Administrator issued in accordance with
§44.13. The original modification shall remain in
effect until superseded by a final amended modification.
(c) In cases where the original decision and order was based upon an
alternative method of achieving the result of the standard, the amended
decision and order shall at all times provide to miners at the mine at least
the same measure of protection afforded to the miners at the mine by such
standard. In cases where the original decision and order was based upon a
diminution of safety to the miners resulting from application of the standard
at such time, the amended decision and order shall not reduce the protection
afforded miners by the original decision and order.
