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Page:United States Statutes at Large Volume 91.djvu/1311

 PUBLIC LAW 95-162—NOV. 8, 1977

91 STAT. 1277

(b) Item 903.90 of the Appendix to such Schedule is repealed. (c) The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act.

Repeal. 19 USC 1202 19 USC ri2^2
 * PP-.

Approved November 8, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-425 (Coram, on Ways and Means). SENATE REPORT No. 95-421 (Coram, on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): July 18, considered and passed House. Sept. 15, considered and passed Senate, araended. Oct. 25, House concurred in Senate araendraents.

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Page:United States Statutes at Large Volume 91.djvu/1312

 91 STAT. 1278

PUBLIC LAW 95-163—NOV. 9, 1977

Public Law 95-163 95th Congress An Act Nov. 9, 1977 [H.R. 6010]

Federal Aviation Act of 1958, amendments.

To amend title XIII of the Federal Aviation Act of 1958 to expand the types of risks which the Secretary of Transportation may insure or reinsure, and for other purposes. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That (a) section 1301 of the Federal Aviation Act of 1958 (49 U.S.C. 1531) is amended to read as follows: a DEriNITIONS

49 USC 1531. 49 USC 1532.

" SEC. 1301. A s used in this title— " (1) the term 'American aircraft' means any civil aircraft of the United States and any aircraft owned or chartered by, or made available to, the United States or any department or agency thereof, the government of any State, territory, or possession of the United States, or any political subdivision thereof, or the District of Columbia; " (2) the terms 'insurance company' and 'insurance carrier' include any mutual or stock insurance company, reciprocal insurance association, and any g r o u p or association authorized to do an aviation insurance business in any State of the United States; and " (3) the term 'Secretary' means the Secretary of Transportation.", (b) The center heading of title X III of the Federal Aviation Act of 1958 is amended by striking out " W A R R I S K " and inserting in lieu thereof " A VI A T I O N ". SEC. 2. Section 1302 of the Federal Aviation Act of 1958 is amended to read as follows: " AUTHORITY To

((AUTHORITY

Approval.

INSURE

OF THE SECRETARY

" SEC. 1302. (a)(1) The Secretary, with the approval of the President, and after such consultation with interested agencies of the Government as the President may require, may provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent provided by this title, whenever it is determined by the Secretary that such insurance cannot be obtained on reasonable terms and conditions from any company authorized to do an insurance business in a State of the United States. " (2) The President shall approve insurance or reinsurance under paragraph (1) of this subsection only if he has first made a determination that the continuation of the American aircraft, or the foreignflag aircraft, operation to be insured or reinsured is necessary to carry out the foreign policy of the United States. " (3) Insurance shall be issued under this title only to cover any risk from the operation of an aircraft while such aircraft is (A) engaged in foreign air commerce, or (B) being operated between two or more points all of which are outside of the United States.

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Page:United States Statutes at Large Volume 91.djvu/1313

 PUBLIC LAW 95-163—NOV. 9, 1977

91 STAT. 1279

"BASIS OF INSURANCE

"(b) The premium charged for any insurance or reinsurance issued under any provision of this title shall be based, insofar as practicable, upon consideration of the risk involved.

Premium.

"PERIOD OF COVERAGE

"(c) No insurance or reinsurance may be provided by the Secretary under this title for an initial period of more than sixty days. Such Extension, insurance or reinsurance may be extended for additional periods each of which shall not exceed sixty days, but only if, before each such extension, the President makes the same determination with respect to such extension as he is required to make under paragraph (2) of subsection (a) of this section for the initial provision of such insurance or reinsurance.". SEC. 3. Section 1303 of the Federal Aviation Act of 1958 is amended 49 USC 1533. to read as follows: "INSURABLE PERSONS, PROPERTY, OR INTERESTS

"SEC. 1303. The Secretary may provide the insurance and reinsurance, authorized by section 1302 with respect to the following persons, ^"•te, p- 1278. property, or interest: " (1) American aircraft and those foreign-flag aircraft engaged in aircraft operations deemed by the President to be necessary to carry out the foreign policy of the United States. "(2) Cargoes transported or to be transported on any aircraft referred to in paragraph (1), including shipments by express or registered mail; air cargoes owned by citizens or residents of the United States, its territories, or possessions; air cargoes imported to, or exported from the United States, its territories, or possessions and air cargoes sold or purchased by citizens or residents of the United States, its territories, or possessions, under contracts of sale or purchase by the terms of which the risk of loss or the obligation to provide insurance against such risks is assumed by or falls upon a citizen or resident of the United States, its territories, or possessions; air cargoes transported between any point in the United States and any point in a territory or possession of the United States, between any point in any such territory or possession and any point in any other such territory or possession, or between any point in any such territory or possession and any other point in the same territory or possession. "(3) The personal effects and baggage of the captains, pilots, officers, members of the crews of any aircraft referred to in paragraph (1), and of other persons employed or transported on such aircraft. "(4) Captains, pilots, officers, members of the crews of any aircraft referred to in paragraph (1), and other persons employed or transported thereon against loss of life, injury, or detention. "(5) Statutory or contractual obligations or other liabilities of any aircraft referred to in paragraph (1) or of the owner or operator of such aircraft of the nature customarily covered by insurance.". SEC. 4. (a) Subsection (b) of section 1305 of the Federal Aviation Reinsurance Act of 1958 (49 U.S.C. 1535) is amended by striking out "rates" each premiums, place it appears and inserting in lieu thereof "premiums".

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Page:United States Statutes at Large Volume 91.djvu/1314

 9 1 STAT. 1280

Premiums.

Authority expiration.

PUBLIC LAW 95-163—NOV. 9, 1977 (b) The center heading o f such subsection (b) is amended by striking out "RATES" and inserting in lieu thereof "PREMIUMS". SEC. 5. (a) Subsection (b) of section 1307 of the Federal Aviation Act of 1958 (49 U.S.C. 1537) is amended by striking out "rates of premium provided for in this title: Provided, That " and inserting in lieu thereof "the premiums provided for in this title, except that. (b) The center heading of such subsection (b) is amended by striking out "RATES" and inserting in lieu thereof "PREMIUMS". SEC. 6. Section 1312 of the Federal Aviation Act of 1958 (49 U.S.C. 1542) is amended by striking out " May 7, 1977." and inserting in lieu thereof "September 30, 1982.". SEC. 7. (a) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading. "TITLE XIII—WAR RISK INSURANCE"

is amended by striking out "TITLE XIII—WAR RISK INSURANCE

"" '

"Sec. 1301. Definitions. "(a) American aircraft. "(b) War risks. •'••ij-.'::. »*' "(c) Secretary. " (d) Insurance company and insurance carrier. "Sec. 1302. Authority to insure. "(a) Power of the Secretary. "(b) Basis of insurance. "Sec. 1303. Insurable persons, property, or interests. "(a) Aircraft. ~., "(b) Cargo. " (c) Personal effects and baggage. "(d) Persons. "(e) Other interests." and inserting in lieu thereof "TITLE XIII—^AVIATION INSURANCE

"Sec. 1301. Definitions. "Sec. 1302. Authority to insure. , " (a) Authority of the Secretary. "(b) Basis of insurance. "(c) Period of coverage. "Sec. 1303. Insurable persons, property, or interests.". (b) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 1305. Reinsurance." is amended by striking out •.. "(b) Rates for reinsurance." ,; and inserting in lieu thereof -. • "(b) Premiums for reinsurance.". (c) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 1307. Administrative powers of Secretary." is amended by striking out "(b) Forms, policies, amounts insured, and rates." and inserting in lieu thereof ' "(b) Forms, policies, amounts insured, and premiums."

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Page:United States Statutes at Large Volume 91.djvu/1315

 PUBLIC LAW 95-163—NOV. 9, 1977

9 1 STAT. 1281

SEC. 8. (a) Section 403(b)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 1373(b)(1)) is amended by striking out "to ministers of religion on a space available basis." and inserting in lieu thereof "on a space-available basis to any minister of religion, any person who is sixty years of age or older and retired, any person who is sixty-five years of age or older, and to any handicapped person and any attendant required by such handicapped person. For the purposes of this subsection, the term 'handicapped person' means any person who has severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board. For purposes of this subsection, the term 'retired' means no longer gainfullyemployed as defined by the Board.". (b) W i t h i n six months after the date of enactment of this section, the Board shall study and report to Congress on the feasibility and economic impact of air carriers and foreign air carriers providing reduced-rate transportation on a space-available basis to persons twenty-one years of age or younger. SEC. 9. Section 401(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is amended by adding at the end thereof the following new paragraph: " (4)(A) Notwithstanding any other provision of this Act, any citizen of the United States who undertakes, within the State of California or the State of Florida, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying t h i r t y or more persons pursuant to authority for such carriage (i) within the State of California, granted by the Public Utilities Commission of such State, or (ii) within the State of Florida, granted by the Public Service Commission of such State, is authorized— " (I) to establish services for persons and property which includes transportation by such citizen over its routes in California or Florida and transportation by an air carrier or foreign air carrier in air transportation; and " ( II) subject to the requirements of section 412 of this title, to enter into an agreement with any air carrier or foreign air carrier for the establishment of joint fares, rates, and services for such through service. " (B) The joint fares or rates established under clause ( II) of subparagraph (A) of this paragraph shall be the lowest of— " (i) the sum of the applicable fare or rate for service in California approved by such Public Utilities Commission, or the sum '* of the applicable fare or rate for service in F l o r i d a approved by such Public Service Commission, and the applicable fare or rate for that part of the through service provided by the air carrier '' or foreign air carrier; " ( i i) a joint fare or rate established and filed in accordance •' with section 403 of this Act; or " ( i i i) a joint fare or rate established by the Board in accordance with section 1002 of this Act.". SEC. 10. (a) The first sentence of section 403(c) of the Federal Aviation Act of 1958 (49 U,S.C. 1373) is amended to read as follows: ''No change shall be made in any rate, fare, or charge, or any classification, rule, regulation, or practice aft'ecting such rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff— " (1) of any air carrier, or foreign air carrier, directly engaged in the operation of aircraft if such rate, fare, or charge is for the ' • carriage of property in air transportation, except after sixty

Reduced fares.

"Handicapped person." "Retired."

Study. Report to Congress.

>'l

49 USC 1373 note. Through ser\ice by intrastate carriers.

49 USC 1382.

Joint fares or rates.

Infra. Post, p. 1286.

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Page:United States Statutes at Large Volume 91.djvu/1316

 91 STAT. 1282

Post, p. 1286. Effective dates. 49 USC 1373 note. Ante, p. 1281. 49 USC 1482 note.

Local service air carriers, compensation.

26 USC 172. 49 USC 1376 note. Supra. 26 USC 172.

Mail transportation, payments.

PUBLIC LAW 95-163—NOV. 9, 1977 days' notice of the proposed change filed, posted, and published in accordance with subsection (a) of this section; and "(2)(A) of any air carrier, or foreign air carrier, if such rate, fare, or charge is for the carriage of persons in air transportation, or (B) of any air carrier, or foreign air carrier, not directly engaged in the operation of aircraft if such rate, fare, or charge is for the carriage of property in air transportation, except after forty-five days' notice of the proposed change filed, posted, and published in accordance with subsection (a) of this section.". (b) The first sentence of section 1002(g) of such Act (49 U.S.C. 1482) is amended by inserting "at least fifteen days before the day on which such tariff would otherwise go into effect" immediately after "and delivering to the air carrier affected thereby". SEC. 11. (a) The amendment made by subsection (a) of section 10 of this Act shall apply to any tariff change filed by any air carrier or foreign air carrier in accordance with section 403(c) of the Federal Aviation Act of 1958 after the thirtieth day after the date of enactment of this section. (b) The amendment made by subsection (b) of section 10 of this Act shall apply to any tariff change filed by any air carrier for interstate or overseas air transportation in accordance with section 403(c) of the Federal Aviation Act of 1958 after the thirtieth day after the date of enactment of this section. SEC. 12. (a) Section 406(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1376(b)) is amended by adding at the end thereof the following new sentence: "In determining compensation for any local service air carrier for the year 1966 in accordance with the provisions of this subsection, the Board shall apply Local Service Class Subsidy Eate III - A as set forth in Board order E-23850 (44 CAB 637 et seq.), except that the Board shall not apply that part of such order which requires the Board to take into account any decrease in the Federal income tax liability of such carrier for such year resulting from any net operating loss carryback pursuant to section 172 of the Internal Revenue Code of 1954.". (b) In the event that the Civil Aeronautics Board in determining the amount of compensation to be paid to any local service air carrier for the year 1966 in accordance with the provisions of section 406(b) of the Federal Aviation Act of 1958 took into account any decrease in the Federal income tax liability for such air carrier for such year resulting from any net operating loss carryback pursuant to section 172 of the Internal Revenue Code of 1954, the Board shall redetermine the compensation to be paid to such air carrier in accordance with section 406(b) as amended by this section, and shall make payment to such air carrier of any amount owed to such carrier as provided in such redetermination. SEC. 13. Section 406(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1376) is amended by inserting at the end thereof the following new sentences: "Nothing in this section shall prohibit the Board from making payments as compensation for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith, for the period August 1, 1973, through July 31, 1975, where such payments have already been provided by Board order, to the holder of a certificate authorizing the transportation of mail by aircraft, to the account or for the benefit of any air carrier designated an 'air taxi operator' hj^ the Board, which provided air transportation between points named in the holder's certificate in satisfaction of an

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Page:United States Statutes at Large Volume 91.djvu/1317

 PUBLIC LAW 95-163—NOV. 9, 1977

91 STAT. 1283

express condition to the suspension by B o a r d order of the holder's certificate authority to engage in air transportation between those points. I n no event shall such payments differ from the amount previously provided by such B o a r d order.". SEC. 14. Section 501(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1401 (b)) is amended to read as follows: "ELIGIBILITY FOR REGISTRATION

" (b) A n aircraft shall be eligible for registration if, but only if— "(1)(A) itis— " (i) owned by a citizen of the United States (other than a corporation) or by an individual citizen of a foreign country who has lawfully been admitted for permanent residence in the United States; or " ( i i) owned by a corporation lawfully organized and doing business under the laws of the United States or any State thereof so long as such aircraft is based and primarily used in the United States; and " (B) it is not registered under the laws of any foreign country; or " (2) it is an aircraft of the Federal Government, or of a State, territory, or possession of the United States or the District of Columbia or a political subdivision thereof. For purposes of this subsection, the Secretary of Transportation shall, by regulation, define the term 'based and primarily used in the United States'.". SEC. 15. (a) Section 601(d) of the Federal Aviation Act of 1958 (49 "U.S.C. 1421), relating to emergency locator transmitters, is amended as follows: (1) I n paragraph (1), immediately before ", minimum standard s " insert the following: "and except as provided in paragraph (3) of this subsection". (2) By adding at the end thereof the following new paragraph: " (3) The Administrator shall issue regulations which permit. subject to such limitations and conditions as he prescribes in such regulations, the operation of any aircraft equipped with an emergency locator transmitter during any period for which such transmitter has been removed from such aircraft for inspection, ' repair, modification, or replacement.". (b)(1) Section 601 of such Act is amended by relettering subsection (d), relating to aviation fuel standards, as subsection (e). (2) Any reference to such relettered subsection (e) shall be relettered accordingly. (c) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 601. General safety powers and duties." is amended by striking out "(d) Aviation fuel standards." and inserting in lieu thereof the following: "(d) Emergency locator transmittere. "(e) Aviation fuel standards." SEC. 16. (a) Section 102 of the Federal Aviation Act of 1958 is amended by inserting under the center heading the following subsection heading:

Emergency locator transmitters.

Regulations,

Aviation fuel standards. 49 USC 1421 note.

49 USC 1302.

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Page:United States Statutes at Large Volume 91.djvu/1318

 91 STAT. 1284

PUBLIC LAW 95-163—NOV. 9, 1977 ' * ^

49 USC 1302.

'^

"GENERAL FACTORS FOR CONSIDERATION".

' ' *'^

'

- .'

(b) Section 102 of such Aot is amended— (1) by striking out "In the exercise and performance of its i' powers and duties under this Act," and inserting in lieu thereof "(a) In the exercise and performance of its powers and duties under this Act,"; (2) by redesignating existing clauses (a) through (f) as (1) through (6), respectively; and (3) by adding at the end thereof the following new subsection: "FACTORS FOR ALL-CARGO AIR SERVICE

49 USC 1301 note-

"(b) In addition to the declaration of policy set forth in subsection (a) of this section, the Board, in the exercise and performance of its powers and duties under this Act with respect to all-cargo air service shall consider the following, among other things, as being in the public interest: "(1) The encouragement and development of an expedited all-cargo air service system, provided by private enterprise, responsive to (A) the present and future needs of shippers, (B) the commerce of the United States, and (C) the national defense. 1 "(2) The encouragement and development of an integrated transportation system relying upon competitive market forces to determine the extent, variety, quality, and price of such services. t "(3) The provision of services without unjust discriminations, undue preferences or advantages, unfair or deceptive practices, or predatory pricing.". (c) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading ,..

"TITLE I—^GENERAL PROVISIONS"

is amended by striking out "Sec. 102. Declaration of Policy: The Board." and inserting in lieu thereof "Sec. 102. Declaration of Policy: The Board. " (a) General factors for consideration. "(b) Factors for all-cargo air service.".

>,/.ifi<.

SEC. 17. (a) Title IV of the Federal Aviation Act of 1958 (49 U.S.C. 1371 et seq.) is amended by adding at the end therof the following new section: .

i-

•_

i

... i

"CERTIFICATE FOR ALL-CARGO A I R SERVICE

' ' '- • (APPLICATION 49 USC 1388. "SEC. 418. (a)(1) Any citizen of the United States who has a valid 49 USC 1371. certificate issued under section 401(d)(1) of this title and who provided scheduled all-cargo air service at any time during the period from January 1, 1977, through the date of enactment of this section may, during the forty-five-day period which begins on the date of enactment of this section, submit an application to the Board for a certificate under this section to provide all-cargo air service. Such application shall contain such information and be in such form as the ..... = '. Board shall by regulation require. . "(2) Any citizen of the United States who (A) operates pursuant 49 USC 1386. to an exemption granted by the Board under section 416 of this title,

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Page:United States Statutes at Large Volume 91.djvu/1319

 PUBLIC LAW 95-163—NOV. 9, 1977 and (B) provided scheduled all-cargo air service continuously (other than for interruptions caused by labor disputes) during the 12-month period ending on the date of enactment of this section, or whose predecessor in interest provided such service during such period, may, during the forty-five-day period which begins on the date of enactment of this section, submit an application to the Board for a certificate under this section to provide all-cargo air service. Such application shall contain such information and be in such form as the Board shall by regulation require. " (3) After the three hundred and sixty-fifth day which begins after the date of enactment of this section, any citizen of the United States may submit an application to the Board for a certificate under this section to provide all-cargo air service. Such application shall contain such information and be in such form as the Board shall by regulation require.

91 STAT. 1285

• >'

a ISSUANCE AND REVOCATION OF CERTIFICATE

"(b)(1)(A) Not later than sixty days after any application is submitted pursuant to paragraph (1) or (2) of subsection (a) of this section, the Board shall issue a certificate under this section authorizing the all-cargo air service covered by the application. "(B) No later than one hundred and eighty days after any application is submitted pursuant to paragraph (3) of subsection (a) of this section, the Board shall issue a certificate under this section authorizing the whole or any part of the all-cargo air service covered by the application unless it finds that the applicant is not fit, willing, and able to provide such service and to comply with any rules and regulations promulgated by the Board. "(2) Any certificate issued by the Board under this section may contain such reasonable conditions and limitations as the Board deems necessary, except that such terms and conditions shall not restrict the points which may be served, or the rates which may be charged, by the holder of such certificate. "(3) Notwithstanding any other provision of this section, no certificate issued by the Board under this section shall authorize all-cargo air service between any pair of points both of which are within the State of Alaska or the State of Hawaii. "(4) If any all-cargo air service authorized by a certificate issued under this subsection is not performed to the minimum extent prescribed by the Board, it may by order, entered after notice and opportunity for a hearing, direct that such certificate shall, thereafter, cease to be effective to the extent of such service. "EXEMPTIONS

"(c) Any applicant who is issued a certificate under this section shall, with respect to any all-cargo air service provided in accordance with such certificate, be exempt from the requirements of section 401 (a) of this Act, and any other section of this Act which the Board by 49 USC 1371. rule determines appropriate, and any rule, regulation, or procedure issued pursuant to any such section. a AIR CARRIER STATUS

"(d) Any applicant who is issued a certificate under this section shall be an air carrier for the purposes of this Act, except to the extent .%TiK'--'

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Page:United States Statutes at Large Volume 91.djvu/1320

 91 STAT. 1286

"All-cargo air service."

PUBLIC LAW 95-163—NOV. 9, 1977 such carrier is exempt from any requirement of the Act pursuant to this section.". (b) Section 101 of such Act (49 U.S.C. 1301) is amended by— (1) renumbering paragraphs (11) through (38), and any references thereto, as paragraphs (12) through (39), respectively; and (2) inserting immediately after paragraph (10), the following new paragraph: " (11) 'All-cargo air service' means— " (A) the carriage by aircraft of only (i) property as a common carrier for compensation or hire, or (ii) mail, or both, in commerce between a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; or between places in the same State of the United States through the airspace over any place outside thereof; or between places in the same territory or possession of the United States, or the District of Columbia; "(B) the carriage by aircraft of only (i) property as a common carrier for compensation or hire, or (ii) mail, or both, in commerce between a place in any State of the United States or the District of Columbia and any place in the Commonwealth of Puerto Rico or the Virgin Islands or between a place in the Commonwealth of Puerto Rico and a place in the Virgin Islands; whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation.". (c) That portion of the table of contents contained in the first section of such Act which appears under the center heading "TITLE IV—AIR CARRIER ECONOMIC REGULATION"

Complaints.

Infra.

Maximum and/or minimum rate, fare, or charge.

Unfair rate or charge, correction.

is amended by adding at the end thereof "Sec. 418. Certificate for all-cargo air service. r "(a) Application. "(b) Issuance and revocation of certificate. "(c) Exemptions. "(d) Air carrier status.". SEC. 18. (a) Subsection (d) of section 1002 of the Federal Aviation Act of 1958 (49 U.S.C. 1482(d)) is amended by— (1) striking out "Whenever," and inserting in lieu thereof "(1) Except as provided in paragraph (2) of this subsection, whenever,"; (2) striking out "interstate" and inserting in lieu thereof "interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the State of Hawaii,"; (3) striking out "effective: Provided., That as to rates, fares, and charges for overseas air transportation, the Board shall determine and prescribe only a just and reasonable maximum or minimum, or maximum and minimum rate, fare, or charge." and inserting in lieu thereof "effective."; and (4) adding at the end thereof the following new paragraphs: " (2) With respect to rates, fares, and charges for overseas air transportation, the Board shall determine and prescribe only a just and reasonable maximum or minimum, or maximum and minimum rate, fare, or charge. "(3) Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Board shall be of the opinion that any individual or joint rate or charge demanded, charged, collected, or received by any

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Page:United States Statutes at Large Volume 91.djvu/1321

 PUBLIC LAW 95-163—NOV. 9, 1977

91 STAT. 1287

air carrier for interstate air transportation of property or any classification, rule, regulation, or practice affecting such rate or charge, or the value of the service thereunder, is or will be unjustly discriminatory, or unduly preferential, or unduly prejudicial, or predatory the Board shall alter such rate, charge, classification, rule, regulation, or practice to the extent necessary to correct such discrimination, preference, prejudice, or predatory practice and make an order that the air carrier or foreign air carrier shall discontinue demanding, charging, collecting, or receiving any such discriminatory, preferential, prejudicial, or predatory rate or charge or enforcing any such discriminatory, preferential, prejudicial, or predatory classification, rule, regulation, or practice.". (b) The last sentence of subsection (g) of such section 1002 is Rate suspension, amended to read as follows: "If the proceeding has not been con- ^^ USC 1482. eluded and an order made within the period of suspension, the proposed rate, fare, charge, classification, rule, regulation, or practice shall go into effect at the end of such period, except that this subsection shall not apply to any initial tariff filed by any air carrier. The Board shall not suspend any proposed tariff under this subsection because of the proposed rate, fare, charge, classification, rule, regulation, or practice stated therein unless the Board is empowered to find such proposed rate, fare, charge, classification, rule, regulation, or practice unjust or unreasonable and empowered to determine and prescribe the lawful rate, fare, charge, classification, rule, regulation, or practice, or the lawful maximum or minimum, or maximum and minimum rate, fare, or charge.". (c) The first sentence of subsection (h) of such section 1002 is amended by striking out "air transportation" and inserting in lieu thereof "interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the State of Hawaii, or overseas or foreign air transportation". (d) Subsection (i) of such section 1002 is amended by striking out "interstate" and inserting in lieu thereof "interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the State of Hawaii,". (e)(1) Such section 1002 is amended by adding at the end thereof the following new subsection: u DEFINrriONS

"(k)(1) For purposes of this section, the term 'interstate air transportation of property' means— "(A) the carriage by aircraft of property as a common carrier for compensation or hire in commerce between a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia (other than the carriage by aircraft of property by a common carrier between any pair of points both of which are within the State of Alaska or Hawaii if such carriage is part of the continuous carriage of such property and another common carrier provides, as part of such continuous carriage, the carriage by aircraft of such property between any pair of points one of which is within the State of Alaska or Hawaii and the other of which is not within the same State); or between places in the same State of the United States (other than the State of Alaska or Hawaii) through the airspace over any place outside thereof;

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Page:United States Statutes at Large Volume 91.djvu/1322

 91 STAT. 1288

••

• - "^"

PUBLIC LAW 95-163—NOV. 9, 1977 or between places in the same territory or possession of the United States, or the District of Columbia; " (B) the carriage by aircraft of property as a common carrier for compensation or hire, in commerce between a place in any State of the United States or the District of Columbia and any place in the Commonwealth of Puerto Eico or the Virgin Islands or between a place in the Commonwealth of Puerto Rico and a place in the Virgin Islands; whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation. "(2) For purposes of this section, the term 'overseas air transportation' means— "(A) the carriage by aircraft of persons as a common carrier for compensation or hire in commerce between a place in any State of the United States, or the District of Columbia, and any place in a territory or possession of the United States; or between a place in a territory or possession of the United States, and a place in any other territory or possession of the United States; } "(B) the carriage by aircraft of property as a common carrier for compensation or hire in commerce between a place in any I State of the United States, or the District of Columbia, and any place in a territory or possession of the United States (other than the Commonwealth of Puerto Rico and the Virgin Islands); or between a place in a territory or possession of the United States (other than the Commonwealth of Puerto Rico and the Virgin Islands), and a place in any other territory or possession of the United States (other than the Commonwealth of Puerto Rico and the Virgin Islands); whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation. "(3) For purposes of this section, the term 'air transportation of property within the State of Alaska' means the carriage by aircraft of property (A) by a common carrier for compensation or hire in commerce between any pair of points both of which are within the State of Alaska if such carriage is part of the continuous carriage of such property and another common carrier provides, as part of such continuous carriage, the carriage by aircraft of such property between any pair of points one of which is within the State of Alaska and the other of which is not within such State, or (B) by a common carrier for compensation or hire in commerce between places in the State of Alaska through the airspace over any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation. "(4) For purposes of this section, the term 'air transportation of property within the State of Hawaii' means the carriage by aircraft of property (A) by a common carrier for compensation or hire in commerce between any pair of points both of which are within the State of Hawaii if such carriage is part of the continuous carriage of such property and another common carrier provides, as part of such continuous carriage, the carriage by aircraft of such property between any pair of points one of which is within the State of Hawaii and the other of which is not within such State, or (B) by a common carrier for compensation or hire in commerce between places in the State of Hawaii through the airspace over any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation.".

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Page:United States Statutes at Large Volume 91.djvu/1323

 PUBLIC LAW 95-163—NOV. 9, 1977

91 STAT. 1289

(2) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec.

1002. Complaints to and investigations by the Administrator and the Board."

is amended by adding at the end thereof -^ "(k) Definitions.". SEC. 19. (a) Notwithstanding section 16 of the Federal Airport Act Redmond, Oreg. (as in effect on April 26, 1950), the Secretary of Transportation is property authorized, subject to the provisions of section 4 of the Act of Octo- restrictions, ber 1, 1949 (50 App. U.S.C. 1622c), and the provisions of subsection release. (b) of this section, to grant releases from any of the terms, conditions, 49t euse 1115 i,, no. , reservations, and restrictions contained in Patent Number 1,128,955, dated April 26, 1950, by which the United States gave and granted a patent in certain property to the city of Redmond, Oregon, for airport purposes. (b) Any release granted by the Secretary of Transportation under Conditions. subsection (a) of this section shall be subject to the following conditions: (1) The city of Redmond, Oregon, shall agree that in conveying any interest in the property which the United States granted the city by Patent Number 1,128,955, dated April 26, 1950, the city will receive an amount for such interest which is equal to ^' the fair market value (as determined pursuant to regulations '• issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. Approved November 9, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-301 (Comm. on Public Works and Transportation) and No. 95-773 (Comm. of Conference). SENATE REPORT No. 95-199 accompanying S. 1325 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed House. May 27, considered and passed Senate, amended, in lieu of S. 1325. "• June 8, House concurred in Senate amendment with an amendment. 1;: Oct. 20, Senate concurred in House amendment with an amendment. Oct. 28, Senate agreed to conference report. Nov. 2, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 46: Nov. 9, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1324

 91 STAT. 1290

PUBLIC LAW 95-164—NOV. 9, 1977

Public Law 95-164 95th Congress An Act Nov. 9, 1977 [S. 717]

To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes.

Be it eruicted by the Seriate and House of Representatives of the Federal Mine United States of America in Congress assembled, That this Act may be Safety and Health cited as the "Federal Mine Safety and Health Amendments Act of Amendments Act 1977".

of 1977. 30 USC 801 note.

TITLE I—AMENDMENTS TO THE GENERAL PROVISIONS OF THE FEDERAL COAL MINE H E A L T H AND SAFETY ACT OF 1969 SHORT TITLE

SEC. 101. The first section of the Federal Coal Mine Health and 30 USC 801 note. Safety Act of 1969 is amended to read as follows: "That this Act may be cited as the 'Federal Mine Safety and Health Act of 1977' " DEFINITIONS AND

30 USC 801.

30 USC 802.

30 USC 841, 861, 901.

APPLICABILITY

SEC. 102. (a)(1) Section 2 of the Federal Coal Mine Health and Safety Act of 1969 is amended by inserting "or other" immediately after "coal" wherever it appears. (2) Section 2(g)(1) of such Act is amended by striking out "the Interior" and inserting in lieu thereof "Labor". (b)(1) Section 3(a) of such Act is amended by striking out "the Interior" and inserting in lieu thereof "Labor". (2) Section 3(d) of such Act is amended by striking the semicolon at the end thereof, and inserting in lieu thereof "or any independent contractor performing services or construction at such mine;". (3) Section 3(h) of such Act is amended to read as follows: "(h)(1) 'coal or other mine' means (A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (B) private ways and roads appurtenant to such area, and (C) lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools, or other property including impoundments, retention dams, and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting such minerals from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of such minerals, or the work of preparing coal or other minerals, and includes custom coal preparation facilities. In making a determination of what constitutes mineral milling for purposes of this Act, the -Secretary shall give due consideration to the convenience of administration resulting from the delegation to one Assistant Secretary of all authority with respect to the health and safety of miners employed at one physical establishment; "(2) For purposes of titles II, III, and IV, 'coal mine' means an area of land and all structures, facilities, machinery, tools,

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Page:United States Statutes at Large Volume 91.djvu/1325

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1291

equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted, and includes custom coal preparation facilities;". (4) Sections 3(d), (e), (g), and (j) of such Act are each amended 30 USC 802. by inserting "or other" immediately after "coal" wherever it appears. (5) Section 3 of such Act is amended by striking out "and" at the end of paragraph (1). by striking out the period at the end of paragraph (m) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraphs: " (n) 'Administration' means the Mine Safety and Health Administration in the Department of Labor. "(o) 'Commission' means the Federal Mine Safety and Health Review Commission.". (c) Section 4 of such Act is amended by inserting "or other" imme- 30 USC 803. diately after "coal". (d) Section 5(c) of such Act is amended by striking out "Labor" 30 USC 804. and inserting in lieu thereof "the Interior". TITLE II—MINE SAFETY AND H E A L T H STANDARDS AMENDMENTS AMENDMENT To

TITLE I

SEC. 201. Title I of the Federal Coal Mine Health and Safety Act of 1969 is amended to read as follows: "TITLE I—GENERAL = -

"MANDATORY SAFETY AND HEALTH STANDARDS

"SEC. 101. (a) The Secretary shall by rule in accordance with proce- Rules. dures set forth in this section and in accordance with section 553 of 30 USC 811. title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), develop, promulgate, 5 USC 556, 557. 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. "(1) Whenever the Secretary, upon the basis of information sub- Advisory mitted to him in writing by an interested person, a representative of committee any organization of employers or employees, a nationally recognized recommendation, standards-producing organization, the Secretary of Health, Educa- request. tion, and Welfare, the National Institute for Occupational Safetj and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendation of an advisory committee appointed under section 102(c). The Secre- Information to tary shall provide such an advisory committee with any proposals of advisory his own or of the Secretary of Health, Education, and Welfare, committee. together with all pertinent factual information developed by the Secretary or the Secretary of Health, Education, and Welfare,' or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its Recommendations, submittil to Secretary.

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Page:United States Statutes at Large Volume 91.djvu/1326

 91 STAT. 1292

Recommendation, referral to advisory committee. Publication in Federal Register.

Publication in Federal Register.

Publication in Federal Register.

Written objections, filing.

Publication in Federal Register. Hearing.

Witnesses and evidence, subpoena. Compliance order, petition.

Transcript.

PUBLIC LAW 95-164—NOV. 9, 1977 recommendations regarding the rule to be promulgated within 60 days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than 180 days. When the Secretary receives a recommendation, accompanied by appropriate criteria, from the National Institute for Occupational Safety and Health that a rule be promulgated, modified, or revoked, the Secretary must, within 60 days after receipt thereof, refer such recommendation to an advisory committee pursuant to this paragraph, or publish svich as a proposed rule pursuant to paragraph (2), or publish in the Federal Register his determination not to do so, and his reasons therefor. The Secretary shall be required to request the recommendations of an advisory committee appointed under section 102(c) if the rule to be promulgated is, in the discretion of the Secretary which shall be final, new in effect or application and has significant economic impact. "(2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking a mandatory health or safety standard in the Federal Register. If the Secretary determines that a rule should be proposed and in connection therewith has appointed an advisory committee as provided by paragraph (1), the Secretary shall publish a proposed rule, or the reasons for his determination not to publish such rule, within 60 days following the submission of the advisory committee's recommendation or the expiration of the period of time prescribed by the Secretary in such submission. In either event, the Secretary shall afford interested persons a period of 30 days after any such publication to submit written data or comments on the proposed rule. Such comment period may be extended by the Secretary upon a finding of good cause, which the Secretary shall publish in the Federal Register. Publication shall include the text of such rules proposed in their entirety, a comparative text of the proposed changes m existing rules, and shall include a comprehensive index to the rules, cross-referenced by subject matter. "(3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed mandatory health or safety standard, stating the grounds therefor and requesting a public hearing on such objections. Within 60 days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the mandatory health or safety standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing. Any hearing under this subsection for the purpose of hearing relevant information shall commence within 60 days after the date of publication of the notice of hearing. Hearings required by this subsection shall be conducted by the Secretary, who may prescribe rules and make rulings concerning procedures in such hearings to avoid unnecessary cost or delay. Subject to the need to avoid undue delay, the Secretary shall provide for procedures that will afford interested parties the right to participate in the hearing, including the right to present oral statements and to offer written comments and data. The Secretary may require by subpoena the attendance of witnesses and the production of evidence in connection with any proceeding initiated under this section. If a person refuses to obey a subpoena under this subsection, a United States district court within the jurisdiction of which a proceeding under this subsection is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpoena. A transcript shall be taken of any such hearing and shall be available to the public.

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Page:United States Statutes at Large Volume 91.djvu/1327

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 12:93

"(4)(A) Within 90 days after certification of the record of the Standards. hearing held pursuant to paragraph (3), the Secretary shall by rule promulgate, modify, or revoke such mandatory health or safety standards, and publish his reasons therefor. "(B) In the case of a proposed mandatory health or safety standard to which objections requesting a public hearing have not been filed, the Secretary, within 90 days after the period for filing such objections has expired, shall by rule promulgate, modify, or revoke such mandatory standards, and publish his reasons therefor. "(C) In the event the Secretary determines that a proposed mandatory health or safety standard should not be promulgated he shall, within the times specified in subparagraphs (A) and (B) publish his reasons for his determination. "(5) Any mandatory health or safety standard promulgated as a final rule under this section shall be efi^ective upon publication in the Federal Register unless the Secretary specifies a later date. "(6)(A) The Secretary, in promulgating mandatory standards Toxic materials dealing with toxic materials or harmful physical agents under this sub- or harmful section, shall set standards which most adequately assure on the basis physical agents, standards of the best available evidence that no miner will suffer material impair- development. ment of health or functional capacity even if such miner has regular exposure to the hazards dealt with by such standard for the period of his working life. Development of mandatory standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the miner, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the mandatory health or safety standard promulgated shall be expressed in terms of objective criteria and of the performance desired. "(B) The Secretary of Health, Education, and Welfare, as soon as Toxicity possible after the date of enactment of the Federal Mine Safety and determination by Health Amendments Act of 1977 but in no event later than 18 months HEW Secretary. after such date and on a continuing basis thereafter, shall, for each toxic material or harmful physical agent which is used or found in a mine, determine whether such material or agent is potentially toxic at the concentrations in which it is used or found in a mine. The Secre- Submittal to tary of Health, Education, and Welfare shall submit such determina- Interior tions with respect to such toxic substances or harmful physical agents Secretary. to the Secretary. Thereafter, the Secretary of Health, Education, and Criteria. Welfare shall submit to the Secretary all pertinent criteria regarding any such substances determined to be toxic or any such harmful agents as such criteria are developed. Within 60 days after receiving Referral to any criteria in accordance with the preceding sentence relating to advisory a toxic material or harmful physical agent which is not adequately committee. covered by a mandatory health or safety standard promulgated under this section, the Secretary shall either appoint an advisory committee to make recommendations with respect to a mandatory health or safety standard covering such material or agent in accordance with paragraph (1), or publish a proposed rule promulgating such a mandatory health or safety standard in accordance with paragraph (2), or shall publish his determination not to do so. "(7) Any mandatory health or safety standard promulgated under Warning labels, this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that miners are apprised of all hazards to which they are exposed, relevant symptoms and appro-

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Page:United States Statutes at Large Volume 91.djvu/1328

 91 STAT. 1294 Protective equipment and control procedures. Medical examinations or tests.

Results, disclosure.

Surface mining construction, separate standards.

Emergency temporary standard. 5 USC 500.

Proceeding. Standard, promulgation.

Standards modification, petition.

PUBLIC LAW 95-164—NOV. 9, 1977

priate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such mandatory standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring miner exposure at such locations and intervals, and in such manner so as to assure the maximum protection of miners. In addition, where appropriate, any such mandatory standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the operator at his cost, to miners exposed to such hazards in order to most effectively determine whether the health of such miners is adversely affected by such exposure. Where appropriate, the mandatory standard shall provide that where a determination is made that a miner may suffer material impairment of health or functional capacity by reason of exposure to the hazard coivered by such mandatory standard, that miner shall be removed from such exposure and reassigned. Any miner transferred as a result of such exposure shall continue to receive compensation for such work at no less than the regular rate of pay for miners in the classification such miner held immediately prior to his transfer. In the event of the transfer of a miner pursuant to the preceding sentence, increases in wages of the transferred miner shall be based upon the new work classification. In the event such medical examinations are in the nature of research, as determined by the Secretary of Health, Education, and Welfare, such examinations may be furnished at the expense of the Secretary of Health, Education, and Welfare. The results of examinations or tests made pursuant to the preceding sentence shall be furnished only to the Secretary or the Secretary of Health, Education, and Welfare, and, at the request of the miner, to his designated physician. "(8) The Secretary shall, to the extent practicable, promulgate separate mandatory health or safety standards applicable to mine construction activity on the surface. "(9) No mandatory health or safety standard promulgated under this title shall reduce the protection afforded miners by an existing mandatory health or safety standard. "(b)(1) The Secretary shall provide, without regard to the requirements of chapter 5, title 5, United States Code, for an emergency temporary mandatory health or safety standard to take immediate effect upon publication in the Federal Register if he determines (A) that miners are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful, or to other hazards, and (B) that such emergency standard is necessary to protect miners from such danger. "(2) A temporary mandatory health or safety standard shall be effective until superseded by a mandatory standard promulgated in accordance with the procedures prescribed in paragraph (3) of this subsection. "(3) Upon publication of such standard in the Federal Register, the Secretary shall commence a proceeding in accordance with section 101(a), and the standards as published shall also serve as a proposed rule for the proceeding. The Secretary shall promulgate a mandatory health or safety standard under this paragraph no later than nine months after publication of the emergency temporary standard as provided in paragraph (2). "(c) Upon petition by the operator or the representative of miners, the Secretary may modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines

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Page:United States Statutes at Large Volume 91.djvu/1329

 PUBLIC LAW 95-164—NOV. 9, 1977 that an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard, or that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. Upon receipt of such petition the Secretary shall publish notice thereof and give notice to the operator or the representative of miners in the affected mine, as appropriate, and shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of such operator or representative or other interested party, to enable the operator or the representative of miners in such mine or other interested party to present information relating to the modification of such standard. Before granting any exception to a mandatory safety standard, the findings of the Secretary or his authorized representative shall be made public and shall be available to the representative of the miners at the affected mine. The Secretary shall issue a decision incorporating his findings of fact therein, and send a copy thereof to the operator or the representative of the miners, as appropriate. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. "(d) Any person who may be adversely affected by a mandatory health or safety standard promulgated under this section may, at any time prior to the sixtieth day after such standard is promulgated, file a petition challenging the validity of such mandatory standard with the United States Court of Appeals for the District of Columbia Circuit or the circuit wherein such person resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. No objection that has not been urged before the Secretary shall be considered by the court, unless the failure or neglect to urge such objection shall be excused for good cause shown. The validity of any mandatory health or safety standard shall not be subject to challenge on the grounds that any of the time limitations in this section have been exceeded. The procedures of this subsection shall be the exclusive means of challenging the validity of a mandatory health or safety standard. "(e) The Secretary shall send a copy of every proposed mandatory health or safety standard or regulation at the time of publication in the Federal Register to the operator of each coal or other mine and the representative of the miners at such mine and such copy shall be immediately posted on the bulletin board of the mine by the operator or his agent, but failure to receive such notice shall not relieve anyone of the obligation to comply with such standard or regulation.

91 STAT. 1295

Notice, publication. Investigation. Public hearing.

Findings, availability to public. Decision, copy,

Mandatory standard validity, challenge. Petition.

Proposed standard, copies.

"ADVISORY COMMITTEES

"SEC. 102. (a)(1) The Secretary of the Interior shall appoint an advisory committee on coal or other mine safety research composed of— "(A) the Director of the Office of Science and Technology or his delegate, with the consent of the Director; "(B) the Director of the National Bureau of Standards, Department of Commerce, or his delegate, with the consent of the Director; "(C) the Director of the National Science Foundation, or his delegate, with the consent of the Director; and

Appointment. Membership. 30 USC 812.

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Page:United States Statutes at Large Volume 91.djvu/1330

 91 STAT. 1296

Chairman. Duties.

Conflict of interest.

Membership.

,ifttr

Chairman. Duties.

Conflict of interest.

Other advisory committees, appointment. Conflict of interest.

PUBLIC LAW 95-164—NOV. 9, 1977 "(D) such other persons as the Secretary of the Interior may appoint who are knowledgeable in the field of coal or other mine safety research. The Secretary of the Interior shall designate the chairman of the committee. "(2) The advisory committee shall consult with, and make recommendations to, the Secretary of the Interior on matters involving or relating to coal or other mine safety research. The Secretary of the Interior shall consult with, and consider the recommendations of, such committee in the conduct of such research, the making of any grants, and the entering into of contracts for such research. "(3) The chairman of the committee and a majority of the persons appointed by the Secretary of the Interior pursuant to paragraph (1) (D) shall be individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. "(b)(1) The Secretary of Health, Education, and Welfare shall appoint an advisory committee on coal or other mine health research composed of— "(A) the Director, Bureau of Mines, or his delegate, with the consent of the Director; "(B) the Director of the National Science Foundation, or his delegate, with the consent of the Director; "(C) the Director of the National Institutes of Health, or his delegate, with the consent of the Director; and "(D) such other persons as the Secretary of Health, Education, and Welfare may appoint who are knowledgeable in the field of coal or other mine health research. The Secretary of Health, Education, and Welfare shall designate the chairman of the committee. "(2) The advisory committee shall consult with, and make recommendations to, the Secretary of Health, Education, and Welfare on matters involving or relating to coal or other mine health research. The Secretary of Health, Education, and Welfare shall consult with, and consider the recommendations of, such committee in the conduct of such research, the making of any grants, and the entering into of contracts for such research. "(3) The chairman of the committee and a majority of the persons appointed by the Secretary of Health, Education, and Welfare pursuant to paragraph (1)(D) shall be individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. "(c) The Secretary or the Secretary of Health, Education, and Welfare may appoint other advisory committees as he deems appropriate to advise him in carrying out the provisions of this Act. The Secretary or the Secretary of Health, Education, and Welfare, as the case may be, shall appoint the chairman of each such committee. A majority of the members (including the chairman) of any such advisory committee appointed pursuant to this subsection shall be composed of individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government.

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Page:United States Statutes at Large Volume 91.djvu/1331

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1297

"(d) Advisory committee members, other than officers or employees Compensation of Federal, State, or local governments, shall be, for each day and expenses. (including traveltime) during which they are performing committee business, entitled to receive compensation at a rate fixed by the appropriate Secretary but not in excess of the maximum rate of pay for grade GS-18 as provided in the General Schedule under section 5332 of title 5 of the United States Code, and shall, notwithstanding the 5 USC 5332 limitations of sections 5703 and 5704 of title 5 of the United States note. Code, be fully reimbursed for travel, subsistence, and related expenses. ((INSPECTIONS,

INVESTIGATIONS, AND RECORDKEEPING

"SEC. 103, (a) Authorized representatives of the Secretary or the 30 USC 813. Secretary of Health, Education, and Welfare shall make frequent inspections and investigations in coal or other mines each year for the purpose of (1) obtaining, utilizing, and disseminating information relating to health and safety conditions, the causes of accidents, and the causes of diseases and physical impairments originating in such mines, (2) gathering information with respect to mandatory health or safety standards, (3) determining whether an imminent danger exists, and (4) determining whether there is compliance with the mandatory health or safety standards or with any citation, order, or decision issued under this title or other requirements of this Act. In Advance notice. carrying out the requirements of this subsection, no advance notice of an inspection shall be provided to any person, except that in carrying out the requirements of clauses (1) and (2) of this subsection, the Secretary of Health, Education, and Welfare may give advance notice of inspections. In carrying out the requirements of clauses (3) and (4) of this subsection, the Secretary shall make inspections of each underground coal or other mine in its entirety at least four times a year, and of each surface coal or other mine in its entirety at least two times a year. The Secretary shall develop guidelines for additional Additional inspections of mines based on criteria including, but not limited to, the inspections, hazards found in mines subject to this Act, and his experience under guidelines. this Act and other health and safety laws. For the purpose of making Interior Dept. any inspection or investigation under this Act, the Secretary, or the and HEW, right Secretary of Health, Education and Welfare, with respect to ful- of entry to mines. filling his responsibilities under this Act, or any authorized representative of the Secretary or the Secretary of Health, Education, and Welfare, shall have a right of entry to, upon, or through any coal or other mine. "(b) For the purpose of making any investigation of any accident Notice and or other occurrence relating to health or safety in a coal or other mine, hearing. the Secretary may, after notice, hold public hearings, and may sign Subpoenas. and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mile- Witnesses fees. age that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person Violation, notice. under this section, the district court of the United States for any dis- Punishment. trict in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

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Page:United States Statutes at Large Volume 91.djvu/1332

 91 STAT. 1298 Employee exposures, recordkeeping regulatons.

Records, access.

Undue exposure, notification.

30 USC 841. Accident investigations. Records, availability.

Report to Secretary.

Inspections.

Immediate inspections. Violation or danger, notice to Secretary.

PUBLIC LAW 95-164—NOV. 9, 1977 "(c) The Secretary, in cooperation with the Secretary of Health, Education, and Welfare, shall issue regulations requiring operators to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under any applicable mandatory health or safety standard promulgated under this Act. Such regulations shall provide miners or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provisions for each miner or former miner to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each operator shall promptly notify any miner who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable mandatory health or safety standard promulgated under section 101, or mandated under title II, and shall inform any miner who is being thus exposed of the corrective action being taken. "(d) All accidents, including unintentional roof falls (except in any abandoned panels or in areas which are inaccessible or unsafe for inspections), shall be investigated by the operator or his agent to determine the cause and the means of preventing a recurrence. Records of such accidents and investigations shall be kept and the information shall be made available to the Secretary or his authorized representative and the appropriate State agency. Such records shall be open for inspection by interested persons. Such records shall include man-hours worked and shall be reported at a frequency determined by the Secretary, but at least annually. (e) Any information obtained by the Secretary or by the Secretary of Health, Education, and Welfare under this Act shall be obtained in such a manner as not to impose an unreasonable burden upon operators, especially those operating small businesses, consistent with the underlying purposes of this Act. Unnecessary duplication of effort in obtaining information shall be reduced to the maximum extent feasible. "(f) Subject to regulations issued by the Secretary, a representative of the operator and a representative authorized by his miners shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any coal or other mine made pursuant to the provisions of subsection (a), for the purpose of aiding such inspection and to participate in pre- or post-inspection conferences held at the mine. Where there is no authorized miner representative, the Secretary or his authorized representative shall consult with a reasonable number of miners concerning matters of health and safety in such mine. Such representative of miners who is also an employee of the operator shall suffer no loss of pay during the period of his participation in the inspection made under this subsection. To the extent that the Secretary or authorized representative of the Secretary determines that more than one representative from each party would further aid the inspection, he can permit each party to have an equal number of such additional representatives. However, only one such representative of miners who is an employee of the operator shall be entitled to suffer no loss of pay during the period of such participation under the provisions of this subsection. Compliance with this subsection shall not be a jurisdictional prerequisite to the enforcement of any provision of this Act. "(g)(1) Whenever a repersentative of the miners or a miner in the case of a coal or other mine where there is no such representa-

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Page:United States Statutes at Large Volume 91.djvu/1333

 PUBLIC LAW 95-164—NOV. 9, 1977 tive has reasonable grounds to believe that a violation o,f this Act or a mandatory health or safety standard exists, or an imminent danger exists, such miner or representative shall have a right to obtain an immediate inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, signed by the representative of the miners or by the miner, and a copy shall be provided the operator or his agent no later than at the time of inspection, except that the operator or his agent shall be notified forthwith if the complaint indicates that an imminent danger exists. The name of the person giving such notice and the names of individual miners referred to therein shall not appear in such copy or notification. Upon receipt of such notification, a special inspection shall be made as soon as possible to determine if such violation or danger exists in accordance with the provisions of this title. If the Secretary determines that a violation or danger does not exist, he shall notify the miner or representative of the miners in writing of such determination. "(2) Prior to or during any inspection of a coal or other mine, any representative of miners or a miner in the case of a coal or other mine where there is no such representative, may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act or of any imminent danger which he has reason to believe exists in such mine. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation or order with respect to such danger and shall furnish the representative of miners or miner requesting such review a written statement of the reasons for the Secretary's final disposition of the case. "(h) In addition to such records as are specifically required by this Act, every operator of a coal or other mine shall establish and maintain such records, make such reports, and provide such information, as the Secretary or the Secretary of Health, Education, and Welfare may reasonably require from time to time to enable him to perform his functions under this Act. The Secretary or the Secretary of Health, Education, and Welfare is authorized to compile, analyze, and publish, either in summary or detailed form, such reports or information so obtained. Except to the extent otherwise specifically provided by this Act, all records, information, reports, findings, citations, notices, orders, or decisions required or issued pursuant to or under this Act may be published from time to time, may be released to any interested person, and shall be made available for public inspection. "(i) Whenever the Secretary finds that a coal or other mine liberates excessive quantities of methane or other explosive gases during its operations, or that a methane or other gas ignition or explosion has occurred in such mine which resulted in death or serious injury at any time during the previous five years, or that there exists in such mine some other especially hazardous condition, he shall provide a minimum of one spot inspection by his authorized representative of all or part of such mine during every five working days at irregular intervals. For purposes of this subsection, 'liberation of excessive quantities of methane or other explosive gases' shall mean liberation of more than one million cubic feet of methane or other explosive gases during a 24-hour period. When the Secretary finds that a coal or other mme liberates more than five hundred thousand cubic feet of methane or

91 STAT. 1299

Copies and notification.

Special inspection. Notification.

Violations or clanger, notice to Secretary.

Informal review procedures, regulations.

Records and reports, maintenance.

Compilation and publication. Availability to public.

Spot inspections.

"Liberation of excessive quantities of methane or other explosive gases."

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Page:United States Statutes at Large Volume 91.djvu/1334

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1300

Accidents, notification. Evidence. Rescue and recovery activities.

Safety orders. Recovery plan, approval. Consultation.

other explosive gases during a 24-hour period, he shall provide a minimum of one spot inspection by his authorized representative of all or part of such mine every 10 working days at irregular intervals. When the Secretary finds that a coal or other mine liberates more than two hundred thousand cubic feet of methane or other explosive gases during a 24-hour period, he shall provide a minimum of one spot inspection by his authorized representative of all or part of such mine every 15 working days at irregular intervals. "(j) In the event of any accident occurring in any coal or other mine, the operator shall notify the Secretary thereof and shall take appropriate measures to prevent the destruction of any evidence which would assist in investigating the cause or causes thereof. In the event of any accident occurring in a coal or other mine, where rescue and recovery work is necessary, the Secretary or an authorized representative of the Secretary shall take whatever action he deems appropriate to protect the life of any person, and he may, if he deems it appropriate, supervise and direct the rescue and recovery activities in such mine. " (k) In the event of any accident occurring in a coal or other mine, an authorized representative of the Secretary, when present, may issue such orders as he deems appropriate to insure the safety of any person in the coal or other mine, and the operator of such mine shall obtain the approval of such representative, in consultation with appropriate State representatives, when feasible, of any plan to recover any person in such mine or to recover the coal or other mine or return affected areas of such mine to normal. "

30 USC 814.

•{UH'M:

Follow-up inspection, findings.

'

' ^

"CITATIONS AND ORDERS

' '

'

"SEC. 104. (a) If, upon inspection or investigation, the Secretary or his authorized representative believes that an operator of a coal or other mine subject to this Act has violated this Act, or any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this Act, he shall, with reasonable promptness, issue a citation to the operator. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Act, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The requirement for the issuance of a citation with reasonable promptness shall not be a jurisdictional prerequisite to the enforcement of any provision of this Act. "(b) If, upon any follow-up inspection of a coal or other mine, an authorized representative of the Secretary finds (1) that a violation described in a citation issued pursuant to subsection (a) has not been totally abated within the period of time as originally fixed therein or as subsequently extended, and (2) that the period of time for the abatement should not be further extended, he shall determine the extent of the area affected by the violation and shall promptly issue an order requiring the operator of such mine or his agent to immediately cause all persons, except those persons referred to in subsection (c), to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such violation has been abated.

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Page:United States Statutes at Large Volume 91.djvu/1335

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1301

" (c) The following persons shall not be required to be withdrawn Exempt persons from, or prohibited from entering, any area of the coal or other mine subject to an order issued under this section: "(1) any person whose presence in such area is necessary, in the judgment of the operator or an authorized representative of the Secretary, to eliminate the condition described in the order; " (2) any public official whose official duties require him to enter such area; "(3) any representative of the miners in such minie who is, in the judgment of the operator or an authorized representative of the Secretary, qualified to make such mine examinations or who is accompanied by such a person and whose presence in such area is
 * necessary for the investigation of the conditions described in the

order; and " (4) any consultant to any of the foregoing. "(d)(1) If, upon any inspection of a coal or other mine, an author- Violations, ized representative of the Secretary finds that there has been a viola- findings. tion of any mandatory health or safety standard, and if he also finds that, while the conditions created by such violation do not cause imminent danger, such violation is of such nature as could significantly and substantially contribute to the cause and effect of a coal or othet mine safety or health hazard, and if he finds such violation to be caused by an unwarrantable failure of such operator to comply with such mandatory health or safety standards, he shall include such finding in any citation given to the operator under this Act. If, during the same Withdrawal inspection or any subsequent inspection of such mine within 90 days orders. after the issuance of such citation, an authorized representative of the Secretary finds another violation of any mandatory health or safety standard and finds such violation to be also caused by an unwarrantable failure of such operator to so comply, he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection (c) to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such violation has been abated. " (2) If a withdrawal order with respect to any area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall promptly be issued by an authorized representative of the Secretary who finds upon any subsequent inspection the existence in such mine of violations similar to those that resulted in the issuance of the withdrawal order under paragraph (1) until such time as an inspection of such mine discloses no similar violations. Following an inspection of such mine which discloses no similar violations, the provisions of paragraph (1) shall again be applicable to that mine. "(e)(1) If an operator has a pattern of violations of mandatory Pattern of health or safety standards in the coal or other mine which are of such violations, notice. nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health or safety hazards, he shall be given written notice that such pattern exists. If j upon any inspec- Withdrawal tion within 90 days after the issuance of such notice, an authorized order. representative of the Secretary finds any violation of a mandatory health or safety standard which could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard, the authorized representative shall issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection (c), to be withdrawn from, and to be prohibited from entering, such area until

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Page:United States Statutes at Large Volume 91.djvu/1336

 91 STAT. 1302

Pattern of violations, criteria, rules. Respirable dust concentrations. Violations, citation, issuance.

30 USC 842. Samples. Withdrawal orders.

Dust control person or team.

Untrained miner, withdrawal, order.

PUBLIC LAW 95-164—NOV. 9, 1977 an authorized representative of the Secretary determines that such violation has been abated. "(2) If a withdrawal order with respect to any area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall be issued by an authorized representative of the Secretary who finds upon any subsequent inspection the existence in such mine of any violation of a mandatory health or safety standard which could significantly and substantially contribute to the cause and effect of a coal or other mine health or safety hazard. The withdrawal order shall remain in effect until an authorized representative of the Secretary determines that such violation has been abated. "(3) If, upon an inspection of the entire coal or other mine, an authorized representative of the Secretary finds no violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine health and safety hazard, the pattern of violations that resulted in the issuance of a notice under paragraph (1) shall be deemed to be terminated and the provisions of paragraphs (1) and (2) shall no longer apply. However, if as a result of subsequent violations, the operator reestablishes a pattern of violations, paragraphs (1) and (2) shall again be applicable to such operator. "(4) The Secretary shall make such rules as he deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exists. "(f) If, based upon samples taken, analyzed, and recorded pursuant to section 202(a), or samples taken during an inspection by an authorized representative of the Secretary, the applicable limit on the concentration of respirable dust required to be maintained under this Act is exceeded and thereby violated, the Secretary or his authorized representative shall issue a citation fixing a reasonable time for the abatement of the violation. During such time, the operator of the mine shall cause samples described in section 202(a) to be taken of the affected area during each production shift. If, upon the expiration of the period of time as originally fixed or subsequently extended, the Secretary or his authorized representative finds that the period of time should not be further extended, he shall determine the extent of the area affected by the violation and shall promptly issue an order requiring the operator of such mine or his agent to cause immediately all persons, except those referred to in subsection (c), to be withdrawn from, and to be prohibited from entering, such area until the Secretary or his authorized representative has reason to believe, based on actions taken by the operator, that such limit will be complied with upon the resumption of production in such mine. As soon as possible after an order is issued, the Secretary, upon request of the operator, shall dispatch to the mine involved a person, or team of persons, to the extent such persons are available, who are knowledgeable in the methods and means of controlling and reducing respirable dust. Such person or team of persons shall remain at the mine involved for such time as they shall deem appropriate to assist the operator in reducing respirable dust concentrations. While at the mine, such persons may require the operator to take such actions as they deem appropriate to insure the health of any person in the coal or other mine. "(g)(1) If, upon any inspection or investis:ation pursuant to section 103 of this Act, the Secretary or an authorized representative shall find employed at a coal or other mine a miner who has not received the requisite safety training PS determined under section 11.5 of this Act,

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Page:United States Statutes at Large Volume 91.djvu/1337

 PUBLIC LAW 95-164—NOV. 9, 1977 the Secretary or an authorized representative shall issue an order under this section which declares such miner to be a hazard to himself and to others, and requiring that such miner be immediately withdrawn from the coal or other mine, and be prohibited from entering such mine until an authorized representative of the Secretary determines that such miner has received the training required by section 115 of this Act. " (2) No miner who is ordered withdrawn from a coal or other mine under paragraph (1) shall be discharged or otherwise discriminated against because of such order; and no miner who is ordered withdrawn from a coal or other mine under paragraph (1) shall suffer a loss of compensation during the period necessary for such miner to receive such training and for an authorized representative of the Secretary to determine that such miner has received the requisite training. "(h) Any citation or order issued under this section shall remain in effect until modified, terminated or vacated by the Secretary or his authorized representative, or modified, terminated or vacated by the Commission or the courts pursuant to section 105 or 106.

91 STAT. 1303

Withdrawn miner, nondiscrimination.

a PROCEDURE FOR ENFORCEMENT

"SEC. 105. (a) If, after an inspection or investigation, the Secretary Penalty, citation issues a citation or order under section 104, he shall, within a reason- or order, able time after the termination of such insjjection or investigation, notification. notify the operator by certified mail of the civil penalty proposed to Contestation. be assessed under section 110(a) for the violation cited and that the 30 USC 815. operator has 30 days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. A Copy. copy of such notification shall be sent by mail to the representative of miners in such mine. If, within 30 days from the receipt of the notification issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the citation or the proposed assessment of penalty, and no notice is filed by any miner or representative of miners under subsection (d) of this section within such time, the citation and the proposed assessment of penalty shall be deemed a final order of the Commission and not subject to review by any court or agency. Kefusal by the operator or his agent to accept certified mail containing a citation and proposed assessment of penalty under this subsection shall constitute receipt thereof within the meaning of this subsection. "(b)(1)(A) If the Secretary has reason to believe that an operator Violation has failed to correct a violation for which a citation has been issued correction, within the period permitted for its correction, the Secretary shall failure. notify the operator by certified mail of such failure and of the penalty Notification. proposed to be assessed under section 110(b) by reason of such failure and that the operator has 30 days within which to notify the Secretary that he wishes to contest the Secretary's notification of the proposed assessment of penalty. A copy of such notification of the proposed Copy. assessment of penalty shall at the same time be sent by mail to the representative of the mine employees. If, within 30 days from the receipt of notification of proposed assessment of penalty issued by the Secretary, the operator fails to notify the Secretary that he intends to contest the notification of proposed assessment of penalty, such notification shall be deemed a final order of the Commission and not subject to review by any court or agency. Kefusal by the operator or his agent to accept certified mail containing a notification of proposed assessment

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Page:United States Statutes at Large Volume 91.djvu/1338

 91 STAT. 1304

Penalty determination.

Temporary relief request, flling.

Hearing.

Discrimination or interference, prohibition.

Complaint, filing.

Copy. Investigation.

PUBLIC LAW 95-164—NOV. 9, 1977 of penalty issued under this subsection shall constitute receipt thereof within the meaning of this subsection. "(B) In determining whether to propose a penalty to be assessed under section 110(b), the Secretary shall consider the operator's history of previous violations, the appropriateness of such penalty to the size of the business of the operator charged, whether the operator was negligent, the effect on the operator's ability to continue in business, the gravity of the violation, and the demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation. "(2) An applicant may file with the Commission a written request that the Commission grant temporary relief from any modification or termination of any order or from any order issued under section 104 together with a detailed statement giving the reasons for granting such relief. The Commission may grant such relief under such conditions as it may prescribe, if— "(A) a hearing has been held in which all parties were given an opportunity to be heard; "(B) the applicant shows that there is substantial likelihood that the findings of the Commission will be favorable to the applicant; and (C) such relief will not adversely affect the health and safety of miners. No temporary relief shall be granted in the case of a citation issued under subsection (a) or (f) of section 104. The Commission shall provide a procedure for expedited consideration of applications for temporary relief under this paragraph. "(c)(1) No person shall discharge or in any manner discriminate against or cause to be discharged or cause discrimination against or otherwise interfere with the exercise of the statutory rights of any miner, representative of miners or applicant for employment in any coal or other mine subject to this Act because such miner, representative of miners or applicant for employment has filed or made a complaint under or related to this Act, including a complaint notifying the operator or the operator's agent, or the representative of the miners at the coal or other mine of an alleged danger or safety or health violation in a coal or other mine, or because such miner, representative of miners or applicant for employment is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101 or because such miner, representative of miners or applicant for employment has instituted or caused to be instituted any pro.ceeding under or related to this Act or has testified or is about to testify in any such proceeding, or because of the exercise by such miner, representative of miners or applicant for employment on behalf of himself or others of any statutory right afforded by this Act. "(2) Any miner or applicant for employment or representative of miners who believes that he has been discharged, interfered with, or otherwise discriminated against by any person in violation of this subsection may, within 60 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall forward a copy of the complaint to the respondent and shall cause such investigation to be made as he deems appropriate. Such investigation shall commence within 15 days of the Secretary's receipt of the complaint, and if the Secretary finds that such complaint was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner pending final order on the com-

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