30 U.S.C. § 861

Mandatory safety standards for underground mines

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(a) Coverage; enforcement; review

The provisions of sections 862 through 878 of this title shall be interim mandatory safety standards applicable to all underground coal mines until superseded in whole or in part by improved mandatory safety standards promulgated by the Secretary under the provisions of section 811 of this title, and shall be enforced in the same manner and to the same extent as any mandatory safety standard promulgated under section 811 of this title. Any orders issued in the enforcement of the interim standards set forth in this subchapter shall be subject to review as provided in subchapter I of this chapter.

(b) Purpose; initiation of studies and research

The purpose of this subchapter is to provide for the immediate application of mandatory safety standards developed on the basis of experience and advances in technology and to prevent newly created hazards resulting from new technology in coal mining. The Secretary of the Interior in coordination with the Secretary shall immediately initiate studies, investigations, and research to further upgrade such standards and to develop and promulgate new and improved standards promptly that will provide increased protection to the miners, particularly in connection with hazards from trolley wires, trolley feeder wires, and signal wires, the splicing and use of trailing cables, and in connection with improvements in vulcanizing of electric conductors, improvement in roof control measures, methane drainage in advance of mining, improved methods of measuring methane and other explosive gases and oxygen concentrations, and the use of improved underground equipment and other sources of power for such equipment.

(Pub. L. 91–173, title III, § 301, Dec. 30, 1969, 83 Stat. 765; Pub. L. 95–164, title II, § 203, Nov. 9, 1977, 91 Stat. 1317.)Editorial NotesAmendments

1977—Subsec. (b). Pub. L. 95–164, § 203(a), substituted “The Secretary of the Interior in coordination with the Secretary shall immediately initiate studies” for “The Secretary shall immediately initiate studies”.

Subsecs. (c), (d). Pub. L. 95–164, § 203(b), struck out subsec. (c) which related to the modification of standards, and subsec. (d) which related to the applicability of section 553 of title 5 in cases where the provisions of sections 862 to 878 of this title had provided that certain actions, conditions, or requirements be carried out as prescribed by the Secretary or the Secretary of Health, Education, and Welfare.

Statutory Notes and Related SubsidiariesEffective Date of 1977 Amendment

Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.

Effective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.

Notes of Decisions

Cited in 14 cases, 1972–2012 · leading case: Zeigler Coal Co. v. Kleppe, 536 F.2d 398 (D.C. Cir. 1976).

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Zeigler Coal Co. v. Kleppe, 536 F.2d 398 (D.C. Cir. 1976). · cites it 2× “§ 301(d), 30 U.S.C. § 861 (d) (1970). . All of the regulations adopted under the § 301(d) authorization, without invocation of the § 101 procedures, are contained in 30 C.”

Pub. Citizen v. Nuclear Regulatory Comm'n & the United States of Am., Nuclear Util. Mgmt. & Resources Council, Intervenor, 901 F.2d 147 (D.C. Cir. 1990). “” One would hardly surmise from this language that Congress wanted the Secretary merely to exhort coal mine operators to have minimally suitable firefighting equipment on hand; indeed, 30 U.S.C. § 861 (b) provides that “[t]he purpose of this subchapter is to provide for the…”

Wolf Run Mining Co. v. Fed. Mine Saf. & Health Review Comm'n, 659 F.3d 1197 (D.C. Cir. 2011). · cites it 2× “30 U.S.C. § 861 (a). As the Secretary has not issued improved mandatory safety standards for transportation hazards in underground coal mines, section 314(b) remains an “interim mandatory safety standard .”

United States v. Finley Coal Co., a P'ship & Charles Finley, an Individual, 493 F.2d 285 (6th Cir. 1974). · cites it 3× “The United States concedes that the Secretary did not engage in consultations sufficient to satisfy Section 811(c) in establishing the challenged safety standards, but argues, nevertheless, that the regulations were properly promulgated pursuant to authority found in several…”

United States v. Finley Coal Co., 345 F. Supp. 62 (E.D. Ky. 1972). · cites it 4× “On June 23, 1971, a Federal indictment was returned against the defendant coal company and Charles Finley charging each, in twenty-four counts, with violations of safety standards established in Subchapter III —Interim Mandatory Safety Standards For Underground Coal Mines, 30…”

Plateau Mining Corp. v. Fed. Mine Saf. & Health Review Comm'n, 519 F.3d 1176 (10th Cir. 2008). “765 (codified as amended at 30 U.S.C. § 861 ). (The Federal Mine Safety and Health Amendments Act of 1977 transferred this authority to the Secretary of Labor, see Pub.”

Black Beauty Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, 703 F.3d 553 (D.C. Cir. 2012). “See 30 U.S.C. § 861 (a). 6 . Black Beauty relies on a footnote in Utah Power & Light Co.”

United States of Am., Cross-Appellee v. Arvil Lake, Cross-Appellant, 985 F.2d 265 (6th Cir. 1993). “” 30 U.S.C. § 861 (a). Defendant’s second assertion of error, that a count of the indictment was improperly amended at trial, also lacks merit, since the court merely corrected a typographical error in the citation of a statute.”

Nat'l Mining Ass'n v. Mine Saf. & Health Admin., 116 F.3d 520 (D.C. Cir. 1997). · cites it 2× “Section 811 authorizes the Secretary of Labor to “develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines.” 30 U.”

United States v. Consol. Coal Co., 424 F. Supp. 577 (S.D. Ohio 1976). “Defendants had been charged in 24 counts with violations of safety standards established in Subchapter III — Interim Mandatory Safety Standards for Underground Coal Mines, 30 U.S.C. §§ 861 , 878. They argued that in promulgating standards the Secretary of the Interior was…”

Sec'y of Labor, Mine Saf. & Health Admin. v. Spartan Mining Co., 415 F.3d 82 (D.C. Cir. 2005). “” 30 U.S.C. § 861 (a). Whatever the import of those interim provisions, they have now been superseded by the Secretary’s safety standards, including § 75.”

A. T. Collins v. United States, 621 F.2d 832 (6th Cir. 1980). “30 U.S.C. §§ 861 et seq. Particularly important to this litigation are the safety standards relating to combustible materials and “rock dusting”, 30 U.”

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— 30 U.S.C. § 861(d) — 1 case

United States v. Finley Coal Co., a P'ship & Charles Finley, an Individual, 493 F.2d 285 (6th Cir. 1974). “The United States concedes that the Secretary did not engage in consultations sufficient to satisfy Section 811(c) in establishing the challenged safety standards, but argues, nevertheless, that the regulations were properly promulgated pursuant to authority found in several…”

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