Page:United States Statutes at Large Volume 80 Part 1.djvu/125

 80 STAT. ]

PUBLIC LAW 89-376-MAR. 26, 1966

89

(2] Subsection (b) is amended by striking out the reference to "section 203(e)(4) " and inserting in lieu thereof "section 203(g)(4)". (3) A new subsection (c), reading as follows, is added and present subsections (c), (d), (e), and (f) are redesignated as subsections (d), (e), (f), and (g), respectively, and are amended to read as follows: "(c) Except as provided in section 203(g)(4), an operator notified ^J^^^^^^i^°^/°'' of an order made pursuant to section 203(d) may apply to the Director viTiTof' ordJr! for annulment or revision of such order. Upon receipt of such appli- ^"'e, p. ss. cation the Director shall make a special inspection of the mine affected by such order, or cause three duly authorized representatives of the Bureau, other than the representative who made such order, to make such inspection of such mine and report thereon to him. Upon making such special inspection himself, or up^on receiving the report of such inspection made by such representatives, the Director shall find whether or not there was a violation of section- 209 as described ^o use 479. in such order, at the time of the making of such order. If he finds there was no such violation he shall make an order annulling the order under review. If he finds there was such a violation he shall also find whether or not such violation was totally abated at the time of the making of such special inspection. If he finds that such violation was totally abated at such time, he shall make an order annulling the order under review. If he finds that such violation was not totally abated at such time, he shall find the extent of the area of such mine which was affected by such violation at the time such special inspection was made, and he shall then make an order, consistent with his findings, affirming or revising the order under review. " (d) An operator notified of an order made pursuant to section 203(f) may apply, not later than twenty days after the receipt of '^"'^' P- ^^• notice of such order, to the Director for annulment of such order. Upon receipt of such application the Director shall make or cause to be made such investigation as he deems necessary. Upon concluding his investigation or upon receiving the report of such investigation made at his direction, the Director shall find whether or not methane has been i^iited in such mine, or whether or not methane was found in such mine 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, at the time of the making of such order. If he finds that methane has not been ignited in such mine and was not found in such mine as set out in such order, he shall make an order annulling the order under review. It he finds that methane has been ignited in such mine or was found in such mine as set out in the order under review, he shall make an order denying such application. " (e) The Director shall cause notice of each finding and order made ^^„°*^^" *° '"'"^ operator. under this section to be given promptly to the operator of the mine to """" ' which it pertains. " (f) Except as provided in section 203(g)(4), at any time while an order made pursuant to section 203 or this section is in effect, or any time during the pendency of a proceeding under section 207 or section 208 seeking annulment or revision of such order, the operator of the mine affected by such order may apply to the Director for annulment or revision of such order. The Director shall thereupon proceed to act upon such application in the manner provided in subsections (a), (b), (c) or (d) of this section. " (g) I n view of the urgent need for prompt decision of matters submitted to the Director under this section, all actions which the

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