tained by him under this subchapter, together with such findings and comments thereon and such recommendations for legislative action as he may deem

proper;

(b) To compile, analyze, and publish, either in summary or detailed form, the information obtained by him under this subchapter, together with such findings concerning the causes of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines, and such recommendations for the prevention or amelioration of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines as he may deem proper;

(c) To prepare and disseminate reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines;

(d) To expend the funds made available to him for the protection or advancement of health or safety in coal mines, and for the prevention or relief of accidents or occupational diseases therein, in such lawful manner as he may deem most effective in the light of the information obtained under this subchapter to promote the accomplishment of the objects for which such funds are granted;

(e) To transmit to the Director of the Census, either in summary or detailed form, the information obtained by him under this subchapter, for use in connection with the preparation and compilation of the various Census reports; and

(f) To make available for public inspection, either in summary or detailed form, the information obtained under this subchapter, as soon as practicable after the acquisition of such information. (May 7, 1941, ch. 87, title I, § 106, formerly § 6, 55 Stat. 178, renumbered and amended July 16, 1952, ch. 877, § 4 (3), (5), 66 Stat. 710.)

AMENDMENTS

1952-Act July 16, 1952, renumbered former section 6 of act May 7, 1941, to be section 106 of act May 7, 1941, and substituted "this subchapter" for "section 4f-40 of this title".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the offcers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 457. Administration by Bureau of Mines; cooperation with States.

The execution of the provisions of this subchapter shall devolve upon the United States Bureau of Mines and the Secretary of the Interior may designate other bureaus or offices in the Department of the Interior to cooperate with the United States Bureau of Mines for such purpose. In order to promote sound and effective coordination of Federal and local activities within the field covered by this subchapter, the Secretary of the Interior, and the several bureaus and offices under his jurisdiction, shall cooperate with the official mine inspection or safety agencies of the several States and Territories, and, with the consent of the proper authorities.

thereof, may utilize the services of such agencies in connection with the administration of this subchapter. Copies of all findings, recommendations, reports, studies, statistics and information made public under the authority of clauses (b), (c), and (f) of section 456 of this title shall, whenever practicable, be furnished any cooperating State or Territorial agency which may request the same. (May 7, 1941, ch. 87, title I, § 107, formerly § 7, 55 Stat. 179, renumbered and amended July 16, 1952, ch. 877, § 4 (3), (5), (9), 66 Stat. 710.)

AMENDMENTS

1952-Act July 16, 1952, renumbered former section 7 of act May 7, 1941, to be section 107 of act May 7, 1941, substituted "this subchapter" for "sections 4f-40 of this title" and substituted "section 456 of this title" for "section 4k of this title".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 458. Advisory committee; creation; composition; functions.

The Secretary of the Interior, acting through the United States Bureau of Mines, may, in his discretion, create and establish an advisory committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the administration of this subchapter. The said committee shall be composed of representatives of coal-mine owners and of representatives of coal-mine workers in equal number. The members of said committee shall be appointed by the Secretary of the Interior without regard to the civil-service laws. (May 7, 1941, ch. 87, title I, § 108, formerly § 8, 55 Stat. 179, renumbered and amended July 16, 1952, ch. 877, § 4 (3), (5), 66 Stat. 710.)

REFERENCES IN TEXT

The civil-service laws, referred to in text, are classified generally to Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1952-Act July 16, 1952, renumbered former section 8 of act May 7, 1941, to be section 108 of act May 7, 1941, and substituted "this subchapter" for "sections 4f-40 of this title".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 459. Employment of personnel.

The Secretary of the Interior, acting through the United States Bureau of Mines, shall have authority to appoint, subject to the civil-service laws, such officers and employees as he may deem requisite for the administration of this subchapter; to fix, subject

to the Classification Act of 1949, the compensation of officers and employees so appointed; and to prescribe the powers, duties, and responsibilities of all officers and employees engaged in the administration of this subchapter: Provided, however, That in the selection of persons for appointment as coalmine inspectors no person shall be so selected unless he has the basic qualification of at least five years' practical experience in the mining of coal, and is recognized by the United States Bureau of Mines as having the training or experience of a practical mining engineer in those essentials necessary for competent coal-mine inspection; and in detailing coal-mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to their previous practical experience in the work of mining coal in the State, district, or region where such inspections are to be made. (May 7, 1941, ch. 87, title I, § 109, formerly § 9, 55 Stat. 179; Oct. 28, 1949, ch. 782, § 1106 (a), 63 Stat. 972, renumbered and amended July 16, 1952, ch. 877, § 4 (3), (5), 66 Stat. 710.)

REFERENCES IN TEXT

The civil-service laws, referred to in text, are classified generally to Title 5, Executive Departments and Government Officers and Employees.

The Classification Act of 1949, referred to in text, is classified to chapter 21 of Title 5.

AMENDMENTS

1952-Act July 16, 1952, renumbered former section 9 of act May 7, 1941, to be section 109 of act May 7, 1941, and substituted "this subchapter" for "sections 4f-40 of this title".

1949-Act Oct. 28, 1949, substituted the "Classification Act of 1949" for the "Classification Act of 1923".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 460. Definition of "commerce".

For the purposes of this subchapter, the term "commerce" means trade, traffic, commerce, transportation, or communications between any State, Territory, possession, or the District of Columbia and any other State, Territory, or possession, of the United States, or between any State, Territory, possession, or the District of Columbia and any foreign country, or wholly within any Territory, possession, or the District of Columbia, or between points in the same State if passing through any other State or through any Territory, possession, or the District of Columbia or through any foreign country. (May 7, 1941, ch. 87, title I, § 111, formerly 11, 55 Stat. 179, renumbered and amended July 16, 1952, ch. 877, § 4 (3), (5), 66 Stat. 710.)

AMENDMENTS

1952-Act July 16, 1952, renumbered former section 11 of act May 7, 1941, to be section 11 of act May 7, 1941, and substituted "this subchapter" for "sections 4f-40 of this title".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and

employees of the department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

SUBCHAPTER II.-PREVENTION OF MAJOR DISASTERS IN MINES

§ 471. Definitions; mines exempted from subchapter. (a) For the purposes of this subchapter

(1) The term "Board" means the Federal Coal Mine Safety Board of Review created by section 475 of this title.

(2) The term "Bureau" means the Bureau of Mines.

(3) The term "certified person", when used to designate the kind of person to whom the performance of a duty in connection with the operation of a mine shall be assigned, means a person who is qualified under the laws of the State in which such mine is located to perform such duty. except that in a State the laws of which do not provide for such qualification, the term means a person deemed by the operator of such mine to be qualified to perform such duty.

(4) The term "commerce" means trade, traffic, commerce, transportation, or communications between any State, Territory, possession, or the District of Columbia and any other State, Territory, or possession, of the United States, or between any State, Territory, possession, or the District of Columbia and any foreign country, or wholly within any Territory, possession, or through any other State or through any Territory, possession, or the District of Columbia or through any foreign country.

(5) The term "Director" means the Director of the Bureau of Mines.

(6) The term "duly authorized representative of the Bureau" means a person appointed under section 459 or 482 of this title, and authorized in writing by the Director to perform the duties of a duly authorized representative of the Bureau as provided in sections 472, 473, and 476 of this title. (7) The term "mine" means an area of land including everything annexed to it by nature and all structures, machinery, tools, equipment and other property, real or personal, placed upon. under or above its surface by man, used in the work of extracting bituminous coal, lignite or anthracite, from its natural deposits in the earth in such area and in the work of processing the coal so extracted. The term “mine” does not include any strip mine. The term "work of processing the coal" as used in this paragraph means the sizing, cleaning, drying, mixing and crushing of bituminous coal, lignite or anthracite, and such other work of processing such coal as is usually done by the operator, and does not mean crushing, coking, or distillation of such coal or such other work of processing such coal as is usually done by a consumer or others in connection with the utilization of such coal.

(8) The term "operator" means the person, partnership, association or corporation operating a mine and owning the right to do so.

(9) The term "permissible", as applied to equipment used in the operation of a mine, means equipment to which an approval plate, label, or other device is attached as authorized by the Director under section 482 (a) of this title, and which meets specifications which (A) are prescribed by the Director for the construction and maintenance of such equipment, and (B) are designed to assure that such equipment will not cause a mine explosion or mine fire.

(10) The term "premises", when used in referring to the premises of a mine, means the land within the mine's area of land.

(11) The term "rock dust" means pulverized limestone, dolomite, gypsum, anhydrite, shale, talc, adobe, or other inert material, preferably light colored, (A) 100 per centum of which will pass through a sieve having 20 meshes per linear inch and 70 per centum or more of which will pass through a sieve having 200 meshes per linear inch; (B) the particles of which when wetted and dried will not cohere to form a cake which will not be dispersed into separate particles by a light blast of air; and (C) which does not contain more than 5 per centum of combustible matter, nor more than a total of 5 per centum of free and combined silica (SiO2).

(b) This subchapter shall not apply to any mine in which no more than fourteen individuals are regularly employed underground. (May 7, 1941, ch. 87, title II, § 201, as added July 16, 1952, ch. 877, § 1, 66 Stat. 692.)

APPROPRIATIONS

Section 214 of act May 7, 1941, as added by act July 16, 1952, § 1, provided that: "There are hereby authorized to be appropriated such sums, not exceeding $3,000,000 in any fiscal year, as may be necessary for the due execution of this title [this subchapter]."

SEPARABILITY OF PROVISIONS

Section 215 of act May 7, 1941, as added by act July 16, 1952, § 1, provided that: "If any provision of this title [this subchapter], or the application thereof to any person or circumstance, is held invalid, the remainder of this title [this subchapter], and the application of such provision to other persons or circumstances, shall not be affected thereby."

§ 472. Inspections.

(a) Annual; special.

For the purpose of determining whether a danger described in section 473 (a) of this title exists in any mine the products of which regularly enter commerce or the operations of which substantially affect commerce, or whether any provision of section 479 of this title is being violated in any such mine, or whether any such mine is a gassy mine as prescribed in section 473 (d) of this title, the Director shall cause an inspection of each such mine to be made by a duly authorized representative of the Bureau at least annually. The Director shall also make, or cause duly authorized representatives of the Bureau to make, such special inspections of such mines as may be required by sections 473 (c) and 476 of this title, and such other inspections of such mines as he deems necessary for the proper administration of this subchapter.

(b) Cooperation with State agencies; State plans. (1) In order to promote sound and effective coordination in Federal and State activities within the field covered by this subchapter, the Director shall cooperate with the official mine inspection or safety agencies of the several States.

(2) Any State desiring to cooperate in making the inspections required under this subchapter may submit, through its official mine inspection or safety agency, a State plan for carrying out the purposes of this subsection. Such State plan shall

(A) designate such State mine inspection or safety agency as the sole agency responsible for administering the plan throughout the State and contain satisfactory evidence that such agency will have the authority to carry out the plan,

(B) give assurances that such agency has or will employ an adequate and competent staff of inspectors qualified under the laws of such State to make mine inspections within such State,

(C) give assurances, that upon request of the Director or upon request of an operator under section 473 (e) (1) of this title, the agency will assign inspectors employed by it to participate in inspections to be made in such State under this subchapter, and

(D) provide that the agency will make such reports to the Director, in such form and containing such information, as the Director may from time to time require.

(3) The Director shall approve any State plan or any modification thereof which complies with the provisions of paragraph (2) of this subsection. He shall not finally disapprove any State plan or modification thereof without first affording the State agency reasonable notice and opportunity for hearing.

(4) Whenever the Director, after reasonable notice and opportunity for hearing to the State agency, finds that in the administration of the State plan there is

(A) a failure to comply substantially with any provision of the State plan; or

(B) a failure to afford reasonable cooperation in administering the provisions of this subchapter,

the Director shall notify such State agency of his withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect.

(5) No inspection of a mine shall be made by a representative of the Bureau under this subchapter in any State in which a State plan is in effect unless a State inspector participates in such inspection in accordance with such plan, except where, in the Director's judgment, an inspection is urgently needed to determine whether a danger described in section 473 (a) of this title exists in such mine, and participation by a State inspector would unreasonably delay such inspection.

(c) Persons admitted to mines.

The Director, any duly authorized representative of the Bureau, any State inspector assigned in accordance with a State plan, and any independent inspector appointed under section 473 (e) (3) of this title shall be entitled to admission to any mine the

products of which regularly enter commerce or the operations of which substantially affect commerce, for the purpose of making any inspection authorized under this subchapter. (May 7, 1941, ch. 87, title II, § 202, as added July 16, 1952, ch. 877, § 1, 66 Stat. 693.)

§ 473. Findings and orders.

(a) Withdrawal from danger area order; persons exempt.

(1) If a duly authorized representative of the Bureau, upon making an inspection of a mine as authorized in section 472 of this title, finds danger that a mine explosion, mine fire, mine inundation, or man-trip or man-hoist accident will occur in such mine immediately or before the imminence of such danger can be eliminated, he shall also find the extent of the area of such mine throughout which such danger exists. Thereupon he shall immediately make an order requiring the operator of such mine to cause all persons, excepting persons referred to in paragraph (2) of this subsection, to be withdrawn from, and to be debarred from entering, such area. Such findings and order shall contain a detailed description of the conditions which such representative finds cause and constitute such danger, and a description of the area of such mine throughout which persons must be withdrawn and debarred.

(2) No order issued under paragraph (1) of this subsection shall require any of the following persons to be withdrawn from, or to be debarred from entering, the area described in the order: (A) Any person whose presence in such area is necessary, in the judgment of the operator of the mine, to eliminate the danger described in the order; (B) any public official whose official duties require him to enter such area; or (C) any legal technical consultant, or any representative of the employees of the mine, who is a certified person qualified to make mine examinations, or is accompanied by such a person, and whose presence in such area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order.

(b) Abatement of violations; time limit.

If such representative of the Bureau finds that any provision of section 479 of this title is being violated and that the conditions created by such violation do not cause danger that a mine explosion, mine fire, mine inundation, or man-trip or man-hoist accident will occur in such mine immediately or before the imminence of such danger can be eliminated, he shall find what would be a reasonable period of time within which such violation should be totally abated. Such findings shall contain the provisions of section 479 of this title which he finds are being violated and a detailed description of the conditions which cause and constitute such violation.

(c) Extension of reasonable time limit; special inspection; debarment order; persons exempt.

(1) The period of time so found by such representative to be a reasonable period of time may be extended by a duly authorized representative of the Bureau from time to time upon the making of a

special inspection to ascertain whether or not such violation has been totally abated. The Director shall promptly cause a special inspection to be made: (A) Upon the expiration of such a period of time as originally fixed; (B) upon the expiration of such a period of time as extended; and (C) whenever an operator of a mine, prior to the expiration of any such period of time, requests him to cause such a special inspection to be made at such mine. Upon making such a special inspection, such representative of the Bureau shall find whether or not such violation has been totally abated. If he finds that such violation has not been totally abated, he shall find whether or not such period of time as originally fixed, or as so fixed and extended, should be extended. If he finds that such period of time should be extended, he shall find what a reasonable extension would be. If he finds that such violation has not been totally abated, and if such period of time as originally fixed, or as so fixed and extended, has then expired, and if he also finds that such period of time should not be further extended, he shall also find the extent of the area of such mine which is affected by such violation. Thereupon he shall promptly make an order requiring the operator of such mine to cause all persons in such area, excepting persons referred to in paragraph (2) of this subsection, to be withdrawn from, and to be debarred from entering, such area. Such finding and order shall contain the provisions of section 479 of this title which are being violated and a detailed description of the conditions which such representative finds cause and constitute such violation, and a description of the area of such mine throughout which persons must be withdrawn and debarred.

(2) No order issued under paragraph (1) of this subsection shall require any of the following persons to be withdrawn from, or to be debarred from entering, the area described in the order: (A) Any person whose presence in such area is necessary, in the judgment of the operator of the mine, to abate the violation described in the order; (B) any public official whose official duties require him to enter such area; or (C) any legal or technical consultant or any representative of the employees of the mine, who is a certified person qualified to make mine examinations, or is accompanied by such a person, and whose presence in such area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order.

(d) Methane finding.

If a duly authorized representative of the Bureau, upon making an inspection of a mine, as authorized in section 472 of this title, finds that methane has been ignited in such mine or finds methane by use of a permissible flame safety lamp or by air analysis in an amount of 0.25 per centum or more in any open workings of such mine when tested at a point not less than twelve inches from the roof, face, or rib, he shall make an order requiring the operator of such mine to comply with the provisions of section 479 of this title which pertain to gassy mines, in the operation of such mine.

(e) State inspection; independent investigation; review of order.

(1) If an order is made pursuant to subsection (a) of this section with respect to a mine in a State in which a State plan approved under section 472 (b) of this title is in effect, and a State inspector did not participate in the inspection on which such order is based, the operator of the mine may request the agency designated in the State plan to assign a State inspector to inspect the mine. The State inspector assigned in accordance with such request shall inspect such mine promptly after the request is made.

(2) No order shall be made pursuant to subsection (c) of this section with respect to a mine in a State in which a State plan approved under section 472 (b) of this title is in effect unless a State inspector participated in the inspection on which such order is based and concurs in such order, or an independent inspector appointed under paragraph (3) of this subsection concurs in such order. If the State inspector does not concur in such order, the operator of the mine, the duly authorized representative of the Bureau who proposes to make such order, or the State inspector may apply, within twenty-four hours after the completion of the inspection involved, for the appointment of an independent inspector under paragraph (3) of this subsection. Within five days after the date of his appointment, the independent inspector shall inspect the mine. The representative of the Bureau and the State inspector shall be given the opportunity to accompany the independent inspector during such inspection. If, after such inspection is completed, either the independent inspector or the State inspector concurs in the order, it shall be issued.

(3) Within five days after the date of receipt of an application under paragraph (2) of this subsection, the chief judge of the United States District Court for the district in which the mine involved is located (or in his absence, the clerk of such court) shall appoint a graduate engineer with experience in the coal-mining industry to serve as an independent inspector under this subsection. Each independent inspector so appointed shall be compensated at the rate of $50 for each day of actual service (including each day he is traveling on official business) and shall, notwithstanding the Travel Expense Act of 1949, be fully reimbursed for traveling, subsistence, and related expenses.

(4) An order made pursuant to subsection (a) or (c) of this section with respect to a mine in a State in which a State plan approved under section 472 (b) of this title is in effect shall not be subject to review under section 476 of this title, but shall be subject to review under section 477 of this title.

(f) Notice of findings.

Notice of each finding and order made under this section shall promptly be given to the operator of the mine to which it pertains, by the person making such finding or order. (May 7, 1941, ch. 87, title II, § 203, as added July 16, 1952, ch. 877, § 1, 66 Stat. 694.)

REFERENCES IN TEXT

The Travel Expense Act of 1949, referred to in subsec. (e) (3), is classified to sections 835-842 of Title 5, Executive Departments and Government Officers and Employees.

§ 474. Notices.

(a) Style; signatures; contents.

All findings and orders made pursuant to section 473 or 476 or this title, and all notices required to be given of the making of such findings and orders, shall be in writing. All such findings and orders shall be signed by the person making them, and all such notices shall be signed by the person charged with the duty of giving the notice. All such notices shall contain a copy of the findings and orders referred to therein.

(b) Posting on bulletin board.

Each operator of a mine shall maintain an office on or near the premises of such mine and shall maintain thereon a conspicuous sign designating it as the office of such mine. Each operator of a mine shall maintain a bulletin board at such office or at some conspicuous place near an entrance of such mine, in such manner that notices required by law to be posted on the mine bulletin board may be posted thereon, be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. The operator shall maintain on such bulletin board a conspicuous sign designating it as the bulletin board of such mine. Notice of any finding or order required by section 473 or 476 of this title to be given to an operator shall be given by causing such notice, addressed to the operator of the mine to which it pertains, to be delivered to the office of such mine provided for in the first sentence of this subsection, and by causing a copy of such notice to be posted on the bulletin board of such mine provided for in the second sentence of this subsection. The requirement of the preceding sentence that a notice shall be "addressed to the operator of the mine to which it pertains", shall not require that the name of the operator for whom it is intended shall be specifically set out in such address. Addressing such notice to "Operator of Mine", specifying the mine sufficiently to identify it, shall satisfy such requirement.

(c) Distribution.

The Director shall cause a copy of each such notice to be mailed immediately to a duly designated representative of the employees of the mine to which it pertains, and to the public official or agency of the State or Territory charged with administering State or Territorial laws, if any, relating to mine safety in such mine. (May 7, 1941, ch. 87, title II, § 204, as added July 16, 1952, ch. 877, § 1, 66 Stat. 696.)

§ 475. Federal Coal Mine Safety Board of Review. (a) Creation; composition.

An agency is created to be known as the Federal Coal Mine Safety Board of Review, which shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate.