An Act to amend Public Law 49, Seventy-seventh Congress, so as to provide for the prevention of major disasters in coal mines
PL 82-552 (S.1310), enacted 07/16/1952

692 
PUBLIC LAW 552--JULY 16, 1952 
[66 S T A T . 
Public Law 552 
CHAPTER 877 
July 16, 1952 
^ ^ A C T 
LJ—z.—] 
To amend Public Law 49, Seventy-seventh Congress, so as to provide for the 
prevention of major disasters in coal mines. 
F e d e r a l Coal 
Mine Safety Act 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Act entitled 
amendment. 
'^A.!! Act relating to Certain inspections and investigations in coal 
mines for the purpose of obtaining information relating to health and 
safety conditions, accidents, and occupational diseases therein, and 
30 use 4f-4o. 
for other purposes", approved May 7, 1941, is amended by adding 
at the end thereof the following new title: 
. 
"TITLE II—PREVENTION OF MAJOR DISASTERS IN 
MINES 
"DEFINITIONS AND EXEMPTION 
"SEC. 201. (a) For the purposes of this title— 
"(1) The term 'Board' means the Federal Coal Mine Safety Board 
of Review created by section 205. 
"(2) The term'Bureau'means the Bureau of Mines. 
"(3) The term 'certified person', when used to designate the kind 
of person to whom the performance of a duty in connection with the 
operation of a mine shall be assigned, means a person who is qualified 
under the laws of the State in which such mine is located to perform 
such duty, except that in a State the laws of which do not provide for 
such qualification, the term means a person deemed by the operator 
of such mine to be qualified to perform such duty. 
"(4) The term'commerce'means trade, traffic, commerce, transpor-
tation, or communications between any State, Territory, possession, or 
the District of Columbia and any other State, Territory, or possession, 
of the United States, or between any State, Territory, possession, or 
the District of Columbia and any foreign country, or wholly within 
any Territory, possession, or through any other State or through any 
Territory, possession, or the District of Columbia or through any 
foreign country. 
" (5) The term 'Director' means the Director of the Bureau of Mines. 
"(6) The term 'duly authorized representative of the Bureau' means 
30 use 4n. 
a person appointed under section 109 of title I or under section 212 
ost, p. 710. 
^^ ^j^-g j.j|.|g^ j^j^(j authorized in writing by the Director to perform the 
duties of a duly authorized representative of the Bureau as provided 
in sections 202, 203, and 206 of this title. 
"(7) The term 'mine' means an area of land including everything 
annexed to it by nature and all structures, machinery, tools, equipment 
and other property, real or personal, placed upon, under or above its 
surface by man, used in the work of extracting bituminous coal, lig-
nite or anthracite, from its natural deposits in the earth in such area 
and in the work of processing the coal so extracted. The term 'mine' 
does not include any strip mine. The term 'work of processing the 
coal' as used in this paragraph means the sizing, cleaning, drying, 
mixing and crushing of bituminous coal, lignite or anthracite, and such 
other work of processing such coal as is usually done by the operator, 
and does not mean crushing, coking, or distillation of such coal or 
such other work of processing such coal as is usually done by a con-
sumer or others in connection with the utilization of such coal. 
" (8) The term 'operator' means the person, partnership, association 
or corporation operating a mine and owning the right to do so. 
66 
S T A T . ] 
PUBLIC LAW 552-JULY 16, 1952 
"(9) The term 'permissible', as applied to equipment used in the 
operation of a mine, means equipment to which an approval plate, 
label, or other device is attached as authorized by the Director under 
section 212 (a), and Avhich meets specifications which (A) are pre-
scribed by the Director for the construction and maintenance of such 
equipment, and (B) are designed to assure that such equipment will 
not cause a mine explosion or mine fire. 
"(10) The term 'premises' when used in referring to the premises 
of a mine, means the land within the mine's area of land. 
"(11) The term 'rock dust' means pulverized limestone, dolomite, 
gypsum, anhydrite, shale, talc, adobe, or other inert material, prefer-
ably light colored, (A) 100 per centum of which will pass through a 
sieve having 20 meshes per linear inch and 70 per centum or more of 
which will pass through a sieve having 200 meshes per linear inch; 
(B) the particles of which when wetted and dried will not cohere to 
form a cake which will not be dispersed into separate particles by a 
light blast of air; and (C) which does not contain more than 5 per 
centum of combustible matter, nor more than a total of 5 per centum 
of free and combined silica (SiOg). 
"(b) This title shall not apply to any mine in which no more than 
fourteen individuals are regularly employed underground. 
NonapplicabiUty. 
"INSPECTIONS 
"SEC. 202. (a) For the purpose of determining whether a danger 
described in section 203 (a) exists in any mine the products of which 
regularly enter commerce or the operations of which substantially 
affect commerce, or whether any provision of section 209 is being 
violated in any such mine, or whether any such mine is a gassy mine 
as prescribed in section 203 (d), the Director shall cause an inspection 
of each such mine to be made by a duly authorized representative of 
the Bureau at least annually. The Director shall also make, or cause 
duly authorized representatives of the Bureau to make, such special 
inspections of such mines as may be required by section 203 (c) and 
section 206, and such other inspections of such mines as he deems 
necessary for the proper administration of this title. 
"(b) (1) In order to promote sound and effective coordination 
in Federal and State activities within the field covered by this title, 
the Director shall cooperate with the official mine inspection or safety 
agencies of the several States. 
"(2) Any State desiring to cooperate in making the inspections 
required under this title may submit, through its official mine inspec-
tion or safety agency, a State plan for carrying out the purposes of 
this subsection. 
Such State plan shall— 
"(A) designate such State mine inspection or safety agency 
as the sole agency responsible for administering the plan through-
out the State and contain satisfactory evidence that such agency 
will have the authority to carry out the plan, 
"(B) give assurances that such agency has or will employ an 
adequate and competent staff of inspectors qualified under the 
laws of such State to make mine inspections within such State, 
"(C) give assurances, that upon request of the Director or 
upon request of an operator under section 203 (ej (1), the agency 
will assign inspectors employed by it to participate in inspections 
to be made in such State under this title, and 
"(D) provide that the agency will make such reports to the 
Director, in such form and containing such information, as the 
Director may from time to time require. 
C o o r d i n a t i o n 
with States. 
State plan. 
694 
PUBLIC LAW 552-JULY 16, 1952 
[66 S T A T . 
D i r e c t o r ' s ap-
proval. 
Withdrawal of ap-
proval. 
I n s p e c t i o n of 
mine. 
Persons admitted 
to mine. 
Withdrawal 
from 
danger area. 
Exceptions. 
"(3) The Director shall approve any State plan or any modifica-
tion thereof which complies with the provisions of paragraph (2) of 
this subsection. 
He shall not finally disapprove any State plan or 
modification thereof without first affording the State agency reason-
able notice and opportunity for hearing. 
"(4) Whenever the Director, after reasonable notice and oppor-
tunity for hearing to the State agency, finds that in the administra-
tion of the State plan there is— 
"(A) a failure to comply substantially with any provision of 
the State plan; or 
"(B) a failure to afford reasonable cooperation in administer-
ing the provisions of this title, 
the Director shall notify such State agency of his withdrawal of 
approval of such plan and upon receipt of such notice such plan shall 
cease to be in effect. 
"(5) No inspection of a mine shall be made by a representative of 
the Bureau under this title in any State in which a State plan is in 
effect unless a State inspector participates in such inspection in 
accordance with such plan, except where, in the Director's judgment, 
an inspection is urgently needed to determine whether a danger de-
scribed in section 203 (a) exists in such mine, and participation by 
a State inspector would unreasonably delay such inspection. 
"(c) The Director, any duly authorized representative of the 
Bureau, any State inspector assigned in accordance with a State plan, 
and any independent inspector appointed under section 203 (e) (3) 
shall be entitled to admission to any mine the products of which regu-
larly enter commerce or the operations of which substantially affect 
commerce, for the purpose of making any inspection authorized under 
this title. 
"FINDINGS AND ORDERS 
"SEC. 203. (a) (1) If a duly authorized representative of the Bureau, 
upon making an inspection of a mine as authorized in section 202, finds 
danger that a mine explosion, mine fire, mine inundation, or man-trip 
or man-hoist accident will occur in such mine immediately or before 
the imminence of such danger can be eliminated, he shall also find 
the extent of the area of such mine throughout which such danger 
exists. Thereupon he shall immediately make an order requiring the 
operator of such mine to cause all persons, excepting persons referred 
to in paragraph (2) of this subsection, to be withdrawn from, and 
to be debarred from entering, such area. Such findings and order shall 
contain a detailed description of the conditions which such repre-
sentative finds cause and constitute such danger, and a description 
of the area of such mine throughout which persons must be withdrawn 
and debarred. 
"(2) No order issued under paragraph (1) of this subsection shall 
require any of the following persons to be withdrawn from, or to be 
debarred from entering, the area described in the order: (A) Any 
person whose presence in such area is necessary, in the judgment 
of the operator of the mine, to eliminate the danger described in the 
order; (B) any public official whose official duties require him to 
enter such area; or (C) any legal technical consultant, or any repre-
sentative of the employees of the mine, who is a certified person quali-
fied to make mine examinations, or is accompanied by such a person, 
and whose presence in such area is necessary, in the judgment of the 
operator of the mine, for the proper investigation of the conditions 
described in the order. 
66 S T A T . ] 
PUBLIC LAW 552-JULY 16, 1952 
695 
"(b) If such representative of the Bureau finds that any provision 
of section 209 is being violated and that the conditions created by 
such violation do not cause danger that a mine explosion, mine fire, 
mine inundation, or man-trip or man-hoist accident will occur in 
such mine immediately or before the imminence of such danger can 
be eliminated, he shall find what would be a reasonable period of 
time within which such violation should be totally abated. 
Such 
findings shall contain the provisions of section 209 which he finds are 
being violated and a detailed description of the conditions which 
cause and constitute such violation. 
"(c) (1) The period of time so found by such representative to be 
a reasonable period of time may be extended by a duly authorized 
representative of the Bureau from time to time upon the making of a 
special inspection to ascertain whether or not such violation has been 
totally abated. The Director shall promptly cause a special inspection 
to be made: (A) Upon the expiration of such a period of time as 
originally fixed; (B) upon the expiration of such a period of time 
as extended; and (C) whenever an operator of a mine, prior to the 
expiration of any such period of time, requests him to cause such a 
special inspection to be made at such mine. Upon making such a 
special inspection, such representative of the Bureau shall find whether 
or not such violation has been totally abated. If he finds that such 
violation has not been totally abated, he shall find whether or not 
such period of time as originally fixed, or as so fixed and extended, 
should be extended. If he finds that such period of time should be 
extended, he shall find what a reasonable extension would be. 
If 
he finds that such violation has not been totally abated, and if such 
period of time as originally fixed, or as so fixed and extended, has 
then expired, and if he also finds that such period of time should not 
be further extended, he shall also find the extent of the area of such 
mine which is affected by such violation. 
Thereupon he shall 
promptly make an order requiring the operator of such mine to 
cause all persons in such area, excepting persons referred to in para-
graph (2) of this subsection, to be withdrawn from, and to be debarred 
from entering, such area. Such finding and order shall contain the 
provisions of section 209 which are being violated and a detailed 
description of the conditions which such representative finds cause 
and constitute such violation, and a description of the area of such 
mine throughout which persons must be withdrawn and debarred. 
"(2) No order issued under paragraph (1) of this subsection shall 
require any of the following persons to be withdrawn from, or to be 
debarred from entering, the area described in the order: (A) Any 
person whose presence in such area is necessary, in the judgment of 
the operator of the mine, to abate the violation described in the order; 
(B) any public official whose official duties require him to enter such 
area; or (C) any legal or technical consultant or any representative 
of the employees of the mine, who is a certified person qualified to 
make mine examinations, or is accompanied by such a person, and 
whose presence in such area is necessary, in the judgment of the 
operator of the mine, for the proper investigation of the conditions 
described in the order. 
"(d) If a duly authorized representative of the Bureau, upon mak-
ing an inspection of a mine, as authorized in section 202, finds that 
methane has been ignited in such mine or finds methane by use of a 
permissible flame safety lamp or by air analysis in an amount of 0,25 
per centum or more in any open workings of such mine when tested 
at a point not less than twelve inches from the roof, face, or rib, he 
shall make an order requiring the operator of such mine to comply 
with the provisions of section 209 of this title which pertain to gassy 
mines, in the operation of such mine. 
Abatement of vio-
lations. 
Time extension. 
Debarment from 
area. 
Exceptions. 
Methane. 
696 
PUBLIC LAW 552--JULY 16, 1952 
[66 
S T A T , 
state inspector. 
Independent in-
spector. 
63 Stat. 166. 
5 u s e 835 nrte. 
Notice of finding 
and order. 
"(e) (1) If an order is made pursuant to subsection (a) of this 
section with respect to a mine in a State in which a State plan approved 
under section 202 (b) is in effect, and a State inspector did not partici-
pate in the inspection on which such order is based, the operator of the 
mine may request the agency designated in the State plan to assign 
a State inspector to inspect the mine. 
The State inspector assigned in 
accordance with such request shall inspect such mine promptly after 
the request is made. 
"(2) No order shall be made pursuant to subsection (c) of this sec-
tion with respect to a mine in a State in which a State plan approved 
under section 202 (b) is in effect unless a State inspector participated 
in the inspection on which such order is based and concurs in such 
order, or an independent inspector appointed under paragraph (3) 
concurs in such order. 
If the State inspector does not concur in such 
order, the operator of the mine, the duly authorized representative of 
the Bureau who proposes to make such order, or the State inspector 
may apply, within twenty-four hours after the completion of the 
inspection involved, for the appointment of an independent inspector 
under paragraph (3). Within five days after the date of his appoint-
ment, the independent inspector shall inspect the mine. The repre-
sentative of the Bureau and the State inspector shall be given the 
opportunity to accompany the independent inspector during such 
inspection. 
If, after such inspection is completed, either the inde-
pendent inspector or the State inspector concurs in the order, it shall 
be issued. 
"(3) Within five days after the date of receipt of an application 
under paragraph (2) of this subsection, the chief judge of the United 
States District Court for the district in which the mine involved is 
located (or in his absence, the clerk of such court) shall appoint 
a graduate engineer with experience in the coal-mining industry to 
serve as an independent inspector under this subsection. 
Each inde-
pendent inspector so appointed shall be compensated at the rate of $50 
for each day of actual service (including each day he is traveling on 
official business) and shall, notwithstanding the Travel Expense Act 
of 1949, be fully reimbursed for traveling, subsistence, and related 
expenses. 
"(4) An order made pursuant to subsection (a) or (c) of this section 
with respect to a mine in a State in which a State plan approved under 
section 202 (b) is in effect shall not be subject to review under section 
206, but shall be subject to review under section 207. 
"(f) Notice of each finding and order made under this section shall 
promptly be given to the operator of the mine to which it pertains, 
by the person making such finding or order. 
Signatures, etc. 
Bulletin board. 
NOTICES 
"SEC. 204. (a) All findings and orders made pursuant to section 
203 or section 206, and all notices required to be given of the making 
of such findings and orders, shall be in writing. 
All such findings 
and orders shall be signed by the person making them, and all such 
notices shall be signed by the person charged with the duty of giving 
the notice. All such notices shall contain a copy of the findings and 
orders referred to therein. 
"(b) Each operator of a mine shall maintain an office on or near 
the premises of such mine and shall maintain thereon a conspicuous 
sign designating it as the office of such mine. Each operator of a mine 
shall maintain a bulletin board at such office or at some conspicuous 
place near an entrance of such mine, in such manner that notices 
required by law to be posted on the mine bulletin board may be posted 
66 
S T A T . ] 
PUBLIC LAW 552-JULY 16, 1952 
WM' 
thereon, be easily visible to all persons desiring to read them, and be 
protected against damage by weather and against unauthorized 
removal. The operator shall maintain on such bulletin board a con-
spicuous sign designating it as the bulletin board of such mine. Notice 
of any finding or order required by section 203 or section 206 to be 
given to an operator shall be given by causing such notice, addressed 
to the operator of the mine to which it pertains, to be delivered to the 
office of such mine provided for in the first sentence of this subsection, 
and by causing a copy of such notice to be posted on the bulletin board 
of such mine provided for in the second sentence of this subsection. 
The requirement of the preceding sentence that a notice shall be 
'addressed to the operator of the mine to which it pertains', shall not 
require that the name of the operator for w^hom it is intended shall be 
specifically set out in such address. Addressing such notice to 'Oper-
ator of 
Mine', specifying the mine sufficiently to 
identify it, shall satisfy such requirement. 
"(c) The Director shall cause a copy of each such notice to be 
mailed immediately to a duly designated representative of the em-
ployees of the mine to which it pertains, and to the public official or 
agency of the State or Territory charged with administering State or 
Territorial laws, if any, relating to mine safety in such mine. 
D i s t r ibution of 
notice. 
u 
CREATION OF REVIEW BOARD 
"SEC. 205. (a) An agency is hereby created to be known as the 
Federal Coal Mine Safety Board of Review, which shall be composed 
of three mepibers who shall be appointed by the President, by and with 
the advice and consent of the Senate. 
"(b) The terms of office of members of the Board shall be three 
years, except that the terms of office of the members first appointed 
shall commence on the effective date of this section and shall expire 
one at the end of one year, one at the end of two years, and one at the 
end of three years, as designated by the President at the time of 
appointment. 
A member appointed to fill a vacancy caused by the 
death, resignation, or removal of a member prior to the expiration 
of the term for which he was appointed, shall be appointed only for 
the remainder of such unexpired term. The members of the Board 
may be removed by the President for inefjiciency, neglect of duty, or 
malfeasance in office. 
"(c) Each member of the Board shall be compensated at the rate 
of $50 for each day of actual service (including each day he is travel-
ing on official business) and shall, notwithstanding the Travel 
Expense Act of 1949 be fully reimbursed for traveling, subsistence, 
and other related expenses. The Board, at all times, shall consist of 
one person who by reason of previous training and experience may 
reasonably be said to represent the viewpoint of coal-mine operators, 
one person who by reason of previous training ai>d experience may 
reasonably be said to represent the viewpoint of coal-mine workers, 
and one person, who shall be chairman of the Board, who shall be a 
graduate engineer with experience in the coal-mining industry or 
shall have had at least five years' experience as a practical mining 
engineer in the coal-mining industry, and w^ho shall not, within one 
year of his appointment as a member of the Board, have had a 
pecuniary interest in, or have been regularly employed or engaged in, 
the mining of coal, or have regularly represented either coal-mine 
operators or coal-mine workers, or have been an officer or employee of 
the Department of the Interior assigned to duty in the Bureau. 
"(d) The principal office of the Board shall be in the District of 
Columbia. 
Whenever the Board deems that the convenience of the 
F e d e r a l 
C o a l 
Mine Safety Board 
of Review. 
Terms of office. 
C omp en s ation. 
63 Stat. 166. 
5 u s e 835 note. 
Principal office. 
698 
PUBLIC LAW 552-JULY 16, 1952 
[66 S T A T . 
Appointment of 
employees. 
63 Stat. 954. 
5 u s e 1071note. 
Quorum. 
Hearings and de-
terminations. 
Rules. 
Subpenas. 
Depositions. 
Contumacy, etc. 
public or of the parties may be promoted, or delay or expense may 
be minimized, it may hold hearings or conduct other proceedings at 
any other place. The Board shall have an official seal which shall be 
judicially noticed and which shall be preserved in the custody of the 
secretary of the Board. 
"(e) The Board shall, without regard to the civil service laws, 
appoint and prescribe the duties of a secretary of the Board and such 
legal counsel as it deems necessary. Subject to the civil-service laws, 
the Board shall appoint such other employees as it deems necessary 
in exercising its powers and duties. The compensation of all employees 
appointed by the Board shall be fixed in accordance with the Classifica-
tion Act of 1949, as amended. 
"(f) Two members of the Board shall constitute a quorum, and 
official actions of the Board can be taken only on the affirmative vote 
of at least two members; but any one member, or any two members, 
upon order of the Board, shall conduct any hearing provided for in 
section 207 and submit the transcript of such hearing to the entire 
Board for its action thereon. Every official act of the Board shall be 
entered of record, and its hearings and records thereof shall be open 
to the public. 
"(g) The Board shall hear and determine applications filed pur-
suant to section 207 for annulment or revision of orders made pursuant 
to section 203 or section 206. The Board shall not make or cause to 
be made any inspection of a mine for the purpose of determining any 
pending application. 
"(h) The Board is authorized to make such rules as are necessary 
for the orderly transaction of its proceedings, which shall include 
requirement for adequate notice of hearings to all parties. 
"(i) Any member of the Board may sign and issue subpenas for 
the attendance and testimony of witnesses and the production of 
relevant papers, books and documents, and administer oaths. 
Wit-
nesses summoned before the Board shall be paid the same fees and 
mileage that are paid witnesses in the courts of the United States. 
"(j) The Board may order testimony to be taken by deposition 
in any proceeding pending before it, at any stage of such proceeding. 
Keasonable notice must first be given in writing by the party or his 
attorney proposing to take such deposition to the opposite party or his 
attorney of record, which notice shall state the name of the witness and 
the time and place of the taking of his deposition. Any person may 
be compelled to appear and depose, and to produce books, papers, 
or documents, in the same manner as witnesses may be compelled to 
appear and testify and produce like documentary evidence before the 
Board, as provided in subsection (i). Witnesses whose depositions 
are taken under this subsection, and the persons taking such deposi-
tions shall be entitled to the same fees as are paid for like services 
in the courts of the United States. 
"(k) In case of contumacy by, or refusal to obey a subpena served 
upon, any person under this section, the Federal district court for any 
district in which such person is found or resides or transacts business, 
upon application by the United States, and after notice to such per-
son and hearing, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the Board or to 
appear and produce documents before the Board, or both; and any 
failure to obey such order of the court may be punished by such court 
as a contempt thereof. 
66 S T A T . ] 
PUBLIC LAW 
5 5 2 - J U L Y 16, 
1952 
699 
"REVIEW BY DIRECTOR 
"SEC. 206. (a) Except as provided in section 203 (e) (4), an opera- ^^^^^^^^^1^^Ivi-
tor notified of an order made pursuant to section 203 (a) may apply s?"ii'<S*?rde/.'*^* 
to the Director for annulment or revision of such order. Upon receipt 
of such application the Director shall make a special inspection of 
the mine affected by such order, or cause three duly authorized repre-
sentatives of the Bureau, other than the representative who made 
such order, to make such inspection of such mine and to report thereon 
to him. Upon making such special inspection himself, or upon receiv-
ing the report of such inspection made by such representatives, the 
Director shall find whether or not danger throughout the area of such 
mine as set out in such order existed at the time of making such special 
inspection. If he finds that such danger did not then exist throughout 
such area of such mine, he shall make an order, consistent with his 
findings, revising or annulling the order under review. If he finds 
that such danger did then exist throughout such area of such mine, 
he shall make an order denying such application. 
" (b) Except as provided in section 203 (e) (4), an operator notified 
of an order made pursuant to section 203 (c) may apply to the Director 
for annulment or revision of such order. Upon receipt of such applica-
tion the Director shall make a special inspection of the mine affected 
by such order, or cause three duly authorized representatives of the 
Bureau, other than the representative who made such order, to make 
such inspection of such mine and report thereon to him. Upon making 
such special inspection himself, or upon receiving the report of such 
inspection made by such representatives, the Director shall find 
whether or not there was a violation of section 209 as described in 
such order, at the time of the making of such order. If he finds there 
was no such violation he shall make an order annulling the order under 
review. If he finds there was such a violation he shall also find whether 
or not such violation was totally abated at the time of the making of 
such special inspection. If he finds that such violation was totally 
abated at such time, he shall make an order annulling the order under 
review. If he finds that such violation was not totally abated at such 
time, he shall find whether or not the period of time within which 
such violation should be totally abated, fixed under section 203, should 
be extended. If he finds that such period of time should be extended, 
he shall find what a reasonable extension of such period of time would 
be. Thereupon he shall find the extent of the area of such mine which 
was affected by such violation at the time such special inspection was 
made, and then he shall make an order, consistent with his findings, 
revising the order under review. If he finds that such violation was 
not totally abated at the time of such special inspection, and that such 
period of time should not be extended, he shall find the extent of the 
area of such mine which was affected by such violation at the time 
such special inspection was made, and he shall then make an order, 
consistent with his findings, affirming or revising the order under 
review. 
"(c) An operator notified of an order made pursuant to section 
203 (d) may apply, not later than twenty days after the receipt of 
notice of such order, to the Director for annulment of such order. 
Upon receipt of such application the Director shall make or cause to 
be made such investigation as he deems necessary. Upon concluding 
his investigation or upon receiving the report of such investigation 
made at his direction, the Director shall find whether or not methane 
has been igiiited in such mine, or whether or not methane was found in 
such mine in an amount of 0.25 per centum or more in any open work-
ings of such mine, when tested at a point not less than twelve inches 
from the roof, face, or rib, at the time of the making of such order. 
PUBLIC LAW 552-JULY 16, 1952 
[66 
S T A T . 
If he finds that methane has not been ignited in such mine and was 
not found in such mine as set out in such order, he shall make an 
order annulling the order under review. If he finds that methane 
has been ignited in such mine or was found in such mine as set out 
in the order under review, he shall make an order denying such 
application. 
"(d) The Director shall cause notice of each finding and order made 
under this section to be given promptly to the operator of the mine 
to which it pertains. 
"(e) Except as provided in section 202 (e) (4), at any time while 
an order made pursuant to section 203 or this section is in effect, or at 
any time during the pendency of a proceeding under section 207 or 
section 208 seeking annulment or revision of such order, the operator 
of the mine affected by such order may apply to the Director for annul-
ment or revision of such order. The Director shall thereupon proceed 
to act upon such application in the manner provided in subsections 
(a), (b),or (c) of this section. 
"(f) In view of the urgent need for prompt decision of matters sub-
mitted to the Director under this section, all actions which the Director 
or his representatives are required to take under this section shall 
be taken as rapidly as practicable, consistent with adequate considera-
tion of the issues involved. 
u 
Application for 
annulment or revi-
sion of order. 
Hearing. 
Request for tem-
porary relief. 
REVIEW BY BOARD 
"SEC. 207. (a) An operator notified of an order made pursuant to 
subsection (a), (c), or (d) of section 203 may apply to the Federal 
Coal Mine Safety Board of Review for annulment or revision of such 
order without seeking its annulment or revision under section 206. An 
operator notified of an order made pursuant to section 206 may apply 
to the Board for annulment or revision of such order: Provided, 
how-
ever, That an operator applying to the Board for annulment of an 
order made pursuant to subsection (d) of section 203 or pursuant to 
subsection (c) of section 206 shall file such application with the Board 
not later than twenty days after the receipt of notice of such order. 
"(b) The operator shall be designated as the applicant in such pro-
ceeding and the application filed by him shall recite the order com-
plained of and other facts sufficient to advise the Board of the nature 
of the proceeding. He may allege in such application: That danger 
as set out in such order does not exist at the time of the filing of such 
application; that violation of section 209, as set out in such order, has 
not occurred; that such violation has been totally or partially abated; 
that the period of time within which such violation should be totally 
abated, as fixed in the findings upon which such order was based, was 
not reasonable; that the area of the mine described in such order as the 
area affected by the violation referred to in such order is not so affected 
at the time of the filing of such application; or that the mine described 
in such order is not a gassy mine. The Director shall be the respondent 
in such proceeding, and the applicant shall send a copy of such appli-
cation by registered mail to the Director at Washington, District of 
Columbia. 
"(c) Immediately upon the filing of such an application the Board 
shall fix the time for a prompt hearing thereof. 
"(d) Pending such hearing the applicant may file with the Board a 
written request that the Board grant such temporary relief from such 
order as the Board may deem just and proper. Such temporary relief 
may be granted by the Board only after a hearing by the Board at 
which both the applicant and the respondent were afforded an oppor-
tunity to be heard, and only if respondent was given ample notice of 
66 STAT.] 
PUBLIC LAW 552-JULY 16, 1952 
701 
the filing of applicant's request and of the time and place of the hear-
ing thereon as fixed by the Board. 
"(e) The Board shall not be bound by any previous findings of fact 
Evidence, 
by the respondent or by any other representative of the Bureau. 
Evidence relating to the making of the order complained of and 
relating to the questions raised by the allegations of the pleadings or 
other questions pertinent in the proceeding may be offered by both 
parties to the proceeding. If the respondent claims that danger or a 
violation of section 209, as set out in such order, existed at the time 
of the filing of the application, or that methane has been ignited or 
found in such mine as set out in the order under review, the burden 
of proving the then existence of such danger or violation, or that 
methane has been ignited or found in such mine as set out in the order 
under review, shall be upon the respondent, and the respondent shall 
present his evidence first to prove the then existence of such danger or 
violation. Following presentation of respondent's evidence the appli-
cant may present his evideiice, and thereupon respondent may present 
evidence to rebut the applicant's evidence. 
"(f) If the proceeding is one in which an oj)erator seeks annulment ^^J^ dings of 
or revision of an order made pursuant to section 203 (a), the Board, 
upon conclusion of the hearmg, shall find whether or not danger 
throughout the area of such mine as set out in such order existed at 
the time of the filing of the operator's application. 
If the Board finds 
that such danger did not then exist throughout such area of such 
mine, the Board shall make an order, consistent with its findings, 
revising or annulling the order under review. If the Board finds that 
such danger did then exist throughout such area of such mine, the 
Board shall make an order denying such application. 
"(g) If the proceeding is one in which an operator seeks annul-
ment or revision of an order made pursuant to section 203 (c), the 
Board, upon conclusion of the hearing, shall find whether or not there 
was a violation of section 209 as described in such order, at the time 
of the making of such order. 
If the Board finds there was no such 
violation, the Board shall make an order annulling the order under 
review. 
If the Board finds there was such a violation, the Board 
T 
shall also find whether or not such violation was totally abated at the 
time of the filing of the operator's application. 
If the Board finds 
that such violation was totally abated at such time, the Board shall 
make an order annulling the order under review. 
If the Board finds 
that such violation was not totally abated at such time, the Board 
shall find whether or not the period of time within which such viola-
tion should be totally abated, fixed under section 203 or 206, should 
be extended. 
If the Board finds that such period of time should be 
extended, the Board shall also find what a reasonable extension of 
such period of time would be, and shall immediately also find the 
extent of the area of such mine which was affected by such violation 
at the time of the filing of such application and the Board shall then 
? 
make an order, consistent with its findings, revising the order under 
review. If the Board finds that such violation was not totally abated 
at the time of the filing of the operator's application, and that such 
period of time should not be extended, the Board shall find the extent 
of the area of such mine which was affected by such violation at such 
time, and shall make an order, consistent with its findings, affirming 
or revising the order under review. 
,s c 
"(h) If the proceeding is one in which an operator seeks annulment 
of an order made pursuant to section 203 (d) or 206 (c), the Board, 
upon conclusion of the hearing, shall find whether or not methane has 
been ignited in such mine or was found in such mine in an amount of 
0.25 per centum or more in any open workings of such mine when 
im 
PUBLIC LAW 552-JULY 16, 1952 
[66 S T A T . 
tested at a point not less than twelve inches from the roof, face, or rib, 
as set out in such order. If the Board finds that methane has not been 
ignited in such mine and was not found in such mine as set out in such 
order, the Board shall make an order annulling the order under review. 
If the Board finds that methane has been ignited in such mine or was 
found in such mine as set out in the order under review, the Board shall 
make an order denying such application. 
" (i) Each finding and order made by the Board shall be in writing. 
It shall show the date on which it is made, and shall bear the signatures 
of the members of the Board who concur therein. Upon making a 
finding and order the Board shall cause a true copy thereof to be sent 
by registered mail to all parties or their attorneys of record. 
The 
Board shall cause each such finding and order to be entered on its 
official record, together with any written opinion prepared by any 
member in support of, or dissenting from, any such finding or order. 
" (j) In view^ of the urgent need for prompt decision of matters sub-
mitted to the Board under this section, all actions which the Board is 
required to take under this section shall be taken as rapidly as prac-
ticable, consistent with adequate consideration of the issues involved. 
JUDICIAL REVIEW 
Notice of appeal. 
"SEC. 208. (a) jxiiy final order issued by the Board under section 
207 shall be subject to judicial review by the United States Court of 
Appeals for the circuit in which the mine affected is located, upon the 
filing in such court of a notice of appeal by the Director or the operator 
aggrieved by such final order within thirty days from the date of the 
making of such final order. 
"(b) The party making such appeal shall forthwith send a copy 
of such notice of appeal, by registered mail, to the other party and to 
the Board. Upon receipt of such copy of a notice of appeal the Board 
shall promptly certify and file in such court a complete transcript 
of the record upon which the order complained of was made. 
The 
costs of such transcript shall be paid by the party making tlie appeal. 
"(c) The court shall hear such appeal on the record made before 
the Board, and shall permit argument, oral or written or both, by both 
parties. The court shall permit such pleadings, in addition to the 
pleadings before the Board, as it deems to be required or as provided 
for in the Rules of Civil Procedure governing appeals in such court. 
"(d) Upon such conditions as may be required and to the extent 
necessary to prevent irreparable injury, the United States Court 
of Appeals may, after due notice to and hearing of the parties to the 
appeal, issue all necessary and appropriate process to postpone the 
effective date of the final order of the Board or to grant such other 
relief as may be appropriate pending final determination of the 
appeal. 
"(e) The United States Court of Appeals may affirm, annul, or 
revise the final order of the Board, or it may remand the proceeding 
to the Board for such further action as it directs. 
The findings 
of the Board as to facts, if supported by substantial evidence on the 
record considered as a whole, shall be conclusive. 
"(f) The decision of a United States Court of Appeals on an 
appeal from the Board shall be final, subject only to review by the 
Supreme Court as provided in section 1254 of title 28 of the United 
States Code. 
C o p i e s ; t r a n 
script. 
Argument, etc. 
Postponement. 
Action by court. 
6 2 Stat. 928. 
66 S T A T . ] 
PUBLIC LAW 552-JULY 16, 1952 
703 
u 
M I N E SAFETY PROVISIONS 
"SEC. 209. (a) DUTY TO COMPLY.—Every operator of a mine, and 
every person who is on the premises of a mine for any reason whatso-
ever, shall comply with the provisions of this section, except those 
provisions which impose no duty, obligation or responsibility upon 
such operator or such person. 
"(b) Every operator of a mine which, on or after the effective date 
of this title, is, or which, immediately prior to the effective date of 
this title, was, defined, classed, classified as, or determined, deemed, 
judged, held, or found to be, a gassy or gaseous mijie pursuant to and 
in accordance with the laws of the State in which it is located, and 
every operator of a mine which, immediately prior to the effective 
date of this title, was operated as a gassy mine, shall comply with the 
provisions of this section which pertain to gassy mines. 
"(c) ROOF SUPPORT.—The roof and ribs of all active underground 
roadways and travelways in a mine shall be adequately supported to 
protect persons from falls of roof or ribs. 
"(d) VENTILATION.— (1) All active underground working places in 
a mine shall be ventilated by a current of air containing not less 
than 19.5 per centum of oxygen, not more than 0.5 per centum of 
carbon dioxide, and no harmful quantities of other noxious or poison-
ous gases. The volume and velocity of the current of air shall be 
sufficient to dilute so as to render harmless, and to carry awaj, flam-
mable or harmful gases. In bituminous-coal and lignite mines the 
quantity of air reaching the last open crosscut in any pair or set of 
entries shall not be less than six thousand cubic feet a minute, except 
that the quantity of air reaching the last open crosscut in any pair 
or set of entries in pillar sections may be less than six thousand cubic 
feet a minute if not less than six thousand cubic feet of air a minute 
is being delivered to the intake end of the pillar line. In anthracite 
mines the quantity of air reaching the face of each working place 
shall be at least two hundred cubic feet a minute for each man working 
in the place and as much more as may be required to dilute, render 
harmless, and sweep away noxious or dangerous gases, smoke, and 
fumes. In robbing areas where the air currents cannot be controlled 
and measurements of the air cannot be obtained, the air shall have 
perceptible movement. 
"(2) If the air at an underground working face in a mine, when 
tested at a point not less than twelve inches from the roof, face, or 
rib, contains more than 1.0 per centum of methane, as determined by 
a permissible methane detector, a permissible flame safety lamp, air 
analysis, or other recognized means of accurately detecting such gas, 
changes or adjustments shall be made at once in the ventilation in 
such mine so that such air shall not contain more than 1.0 per centum 
of methane. 
"(3) If a split of air returning from active underground working 
places in a mine contains more than 1.0 per centum of methane, as 
determined by a permissible methane detector, a permissible flame 
safety lamp, air analysis, or other recognized means of accurately 
detecting such gas, changes or adjustments shall be made at once in 
the ventilation in such mine so that such returning air shall not contain 
more than 1.0 per centum of methane. 
" (4) If a split of air returning from active underground working 
places in a mine contains 1.5 per centum of methane, as determined by 
a permissible methane detector, a permissible flame safety lamp, air 
analysis, or other recognized means of accurately detecting such gas, 
the employees shall be withdrawn from the portion of the mine endan-
gered thereby, and all power shall be cut off from such portion of the 
mine, until the quantity of methane in such split shall be less than 
1K)i 
PUBLIC LAW 552-JULY 16, 1952 
' • 
[66 STAT. 
1.5 per centum. 
However, in virgin territory in mines ventilated 
by exhaust fans, where methane is liberated in large amounts, 
if the quality of air in a split ventilating the workings in such 
territory equals or exceeds twice the minimum volume of air 
prescribed in paragraph (1) of this subsection and if only permissible 
electric equipment is used in such workings and the air in the split 
returning from such workings does not pass over trolley or other bare 
power wires, and if a certified person designated by the mine operator 
IS continually testing the gas content of the air in such split during 
mining operations in such workings, it shall be necessary to withdraw 
the employees and cut off all power from the portion of the mine endan-
gered by such methane only when the quantity thereof in the air 
returning from such workings exceeds 2 per centum, as determined 
by a permissible methane detector, a permissible flame safety lamp, 
air analysis, or other recognized means of accurately detecting such gas. 
"(5) In a gassy mine, air which has passed by an opening of any 
unsealed, abandoned area shall not be used to ventilate any active face 
area in such mine if such air contains 0.25 per centum or more of 
methane; but if this sentence cannot be complied with in such mine 
on the effective date of this section, such mine may continue to be 
operated after such date as it was operated immediately prior to such 
date, for a reasonable time until future mine development and venti-
lation of such mine can be changed to comply with this sentence. In 
no event shall such air be used to ventilate any area in such mine in 
which men work or travel if such air contains more than 1 per centum 
of methane. For the purposes of this paragraph, an area within a panel 
shall not be deemed to be abandoned until such panel is abandoned. 
"(6) In a gassy mine, air that has passed through an abandoned 
panel which is inaccessible for inspection, or air that has passed 
through a similar abandoned area which is inaccessible for inspection, 
or air which has been used to ventilate a pillar line, or air which has 
been used to ventilate an area from which the pillars have been 
removed, shall not be used to ventilate any active face area in such 
mine; but if this sentence cannot be complied with in such mine on the 
effective date of this section, such mine may continue to be operated 
after such date as it was operated immediately prior to such date, for 
a reasonable time until future mine development and ventilation of 
such mine can be changed to comply w^ith this sentence. In no event 
shall such air be used to ventilate any area in such mine in which men 
work or travel if such air contains more than 1 per centum of methane. 
"(7) In a gassy mine, within four hours immediately preceding the 
beginning of a coal-producing shift, and before any worKmen in such 
shift other than those who may be designated to make the examinations 
prescribed in this paragraph enter the underground areas of such mine, 
certified persons designated by the operator of such mine to do so 
shall make an examination, as prescribed in this paragraph, of such 
areas. 
Each person designated to act as such a mine examiner shall 
be directed to examine a definite underground area of such mine, and, 
in making his examination, such examiner shall inspect every active 
working place in such area and make tests therein with a permissible 
flame safety lamp for accumulations of methane and oxygen deficiency 
in the air therein; examine seals and doors to determine whether they 
are functioning properly; inspect and test the roof, face, and rib con-
ditions in the working places and on active roadways and travel ways; 
inspect active roadways, travel ways, approaches to abandoned work-
ings and accessible falls in active sections for explosive gas and other 
hazards; and inspect to determine whether the air in each split is 
traveling in its proper course and in normal volume. 
Such mine 
examiner shall place his initials and the date at or near the face of each 
66 S T A T . ] 
PUBLIC LAW 552-JULY 16, 1952 
705 
place he examines. If such mine examiner, in making his examine- 
"Danger" sign. 
tion, finds a condition which he considers to be dangerous to persons 
who may enter or be in such area, he shall indicate such dangerous 
place by posting a 'DANGER' sign conspicuously at a point which 
persons entering such dangerous place would be required to pass. No 
person, other than Federal or State mine inspectors or persons author-
ized by the mine operator to enter such place for the purpose of 
eliminating the dangerous condition therein, shall enter such place 
while such sign is so posted. 
Upon completing his examination such 
mine examiner shall report the result of his examination to a person 
designated by the mine operator to receive such reports, at a designated 
station on the surface of the premises of the mine or underground, 
before other persons enter the underground areas of such mine to 
work in such coal-producing shift. 
Each such mine examiner shall 
also record the results of his examination with ink or indelible pencil 
in a book kept for such purpose at a place on the surface of the mine 
designated by the mine operator. No person (other than a certified 
person designated under this paragraph) shall enter any underground 
area in a gassy mine, except during a coal-producing shift, unless an 
examination of such area as prescribed in this paragraph has been 
made within twelve hours immediately preceding his entrance into 
such area. 
"(8) In nongassy mines, an examination as prescribed in paragraph 
(7) shall be made at least once in each calendar day during which coal 
^ 
is produced. 
Such examination shall be made within four hours 
immediately preceding the beginning of the first coal-producing shift 
on such day. 
"(9) The underground working places in all mines shall be ex-
amined for hazards by certified persons designated by the mine opera-
tor to do so, at least once during each coal-producing shift, or oftener 
if necessary for safety. In a gassy mine, such examinations shall 
include tests with a permissible flame safety lamp for methane, and 
oxygen deficiency. In all underground face workings in a gassy 
mine where electrically driven equipment is operated, examinations 
for methane shall be made with a permissible flame safety lamp by a 
person trained in the use of such lamp before such equipment is taken 
into or operated in face regions, and frequent examinations for methane 
shall be made during such operations. 
"(10) In a gassy mine, immediately before a roof fall is made in 
pillar workings, such workings shall be examined to ascertain whether 
methane is present. If in such examination methane is found in 
amounts that can be detected with a permissible flame safety lamp, 
a roof fall shall not be made until such gas is removed. 
"(11) In a gassy mine, all workings which are abandoned after the 
effective date of this section or the date such mine became a gassy mine, 
whichever is later, shall be sealed or ventilated. If such workings are 
sealed, the sealing shall be done in a substantial manner with incom-
bustible material. 
One or more of the seals of every sealed area shall 
be fitted with a pipe and cap or valve to permit the sampling of gases 
and the measuring of hydrostatic pressure behind such seals. For 
the purposes of this paragraph, workings within a panel shall not be 
deemed to be abandoned until such panel is abandoned. 
"(e) COAL DUST AND ROCK DITST.—(1) Coal dust, loose coal, and 
other combustible materials shall not be permitted to accumulate in 
dangerous quantities in active underground workings of a mine, 
"(2) Where underground mining operations raise an excessive 
amount of dust into the air, water, or water with a wetting agent added 
to it, or other effective method shall be used to allay such dust at its 
source. 
706 
PUBLIC LAW 552-JULY 16, 1952 
[66 S T A T . 
Face equipment. 
Junction or dis-
tribution boxes. 
T w o - c onductor 
trailing cables. 
T r o l l e y a n d 
feeder wires. 
"(3) All underground mines, except those mines or areas of mines 
in which the dust is too wet or too high in incombustible content to 
propagate an explosion, shall be rock-dusted to within forty feet of 
all faces, and, if open crosscuts near such faces are less than forty 
feet therefrom, such crosscuts shall be rock-dusted. 
"(4) In mines partially rock-dusted or in mines that are required 
to start rock-dusting, haulageways and parallel entries connected 
thereto by open crosscuts shall be rock-dusted. Back entries shall be 
rock-dusted for at least one thousand feet outby the junction with the 
first active entry. Inby this junction, the rooms, entries, and cross-
cuts shall be rock-dusted. 
"(5) Where rock dust is applied, it shall be distributed upon the 
top, floor, and sides of all open places and maintained in such quantity 
that the incombustible content of the combined coal dust, rock dust 
and other dust will not be less than 65 per centum. Where methane 
is present in any ventilating current, the 65 per centum of incombusti-
ble content of such combined dust shall be increased 1 per centum 
for each 0.1 per centum of methane. 
"(6) Paragraphs (2), (3), (4), and (5) of this subsection shall 
not apply to anthracite mines. 
"(f) ELECTRICAL EQUIPMENT.— (1) All electric face equipment used 
in a gassy mine shall be permissible, except that electric face equip-
ment may be used in a gassy mine even though such equipment is not 
permissible if, before the effective date of this section or the date such 
mine became a gassy mine, whichever is later, the operator of such 
mine owned such equipment, or owned the right to use such equipment, 
or had ordered such equipment. Permissible electric face equipment 
in use in a gassy mine shall not be replaced by electric face equip-
ment w^hich is not permissible except that (A) permissible and non-
permissible electric face equipment in use in a mine may be inter-
changed within such mine, and (B) explosion-tested cable-reel loco-
motives and shuttle cars purchased before permissible cable-reel 
locomotives and shuttle cars became available, may be used to replace 
permissible cable-reel locomotives and shuttle cars. 
"(2) In a gassy mine, permissible junction or distribution boxes 
shall be used for making multiple-power connections in working 
places or other places where dangerous quantities of methane may be 
present or may enter the air current, except that where nonpermis-
sible junction or distribution boxes are in use, or on order, on the 
effective date of this section or the date such mine became a gassy 
mine, whichever is later, their use may be continued until such time 
as replacements are made. 
"(3) In a gassy mine, explosion-tested cable-reel locomotives shall 
be equipped with two-conductor trailing cables. 
"(4) In a gassy mine, trolley and feeder wires shall not extend 
beyond the last open crosscut and shall be kept at least one hundred 
and fifty feet from pillar workings. 
"(g) FIRE PROTECTION.—(1) Each mine shall be provided with suit-
able fire-fighting equipment, adequate for the size of the mine. 
"(2) After every blasting operation performed on shift, an exami-
nation shall be made to determine whether fires have been started. 
"(3) Underground storage places for lubricating oil and grease 
in excess of two days' supply shall be of fireproof construction. 
"(4) Lubricating oil and grease kept in face regions or other under-
ground working places in a mine shall be in portable, closed, metal 
containers. 
"(5) Underground structures (transformer stations, battery-charg-
ing stations, substations, permanent pump rooms, etc.), installed in 
a mine after the effective date of this section shall be of fireproof 
construction. 
66 S T A T . ] 
PUBLIC LAW 5 5 2 - J U L Y 16, 1952 
707 
"(6) Welding, cutting, or soldering with arc or flame in under-
ground face regions in other than a fireproof enclosure shall be done 
under the direct supervision of a certified person who shall test for 
methane before and during such operations in gassy mines and shall 
make a diligent search for fire after such operations in all mines. 
Eock dust or suitable fire extinguishers shall be immediately available 
during such welding, cutting, or soldering. 
"(h) MISCELLANEOUS.—(1) The drilling and sealing of oil and gas 
wells penetrating coal beds or underground workings of mines shall 
be done in compliance with State statutes. 
"(2) Whenever any working place in an underground mine 
approaches within fifty feet of abandoned workings in such mine as 
shown by surveys made and certified by a competent engineer or 
surveyor, or within two hundred feet of any other abandoned work-
ings of such mine, which cannot be inspected and which may contain 
dangerous accumulations of water or gas, or within two hundred feet 
of any workings of an adjacent mine, a borehole or boreholes shall 
be drilled to a distance of at least twenty feet in advance of the face 
of such working place. Such boreholes shall be drilled sufficiently 
close to each other to insure that the advancing face will not acciden-
tally hole through into such workings. Boreholes shall also be drilled 
not more than eight feet apart in the rib of such working place to a 
distance of at least twenty feet and at an angle of forty-five degrees. 
Such rib holes shall be drilled in one or both ribs of such working 
place as may be necessary for adequate protection of persons working 
in such place. 
" (3) In a gassy mine, smoking shall not be permitted underground, 
nor shall any person be permitted to carry smoking materials, matches, 
or lighters underground. 
" (4) In a gassy mine, persons underground shall use only permis-
sible electric lamps for portable illumination. 
"(5) Black blasting powder shall not be stored, handled or used 
underground in a mine; but for a period of six months after the 
effective date of this section, this paragraph shall not apply to any 
mine in which the storage, handling, or use of such powder is expressly 
permitted by a statute of the State in which such mine is located. 
"(6) Mudcaps (adobes) or other unconfined shots shall not be fired 
underground in a mine. 
However, in anthracite mines mudcaps or 
other open, unconfined shots may be fired, if restricted to battery 
starting when no gas or fire hazard is present, and if it is otherwise 
impracticable to start the battery; likewise, in anthracite mines open, 
unconfined 'shake' shots in working places and other places in pitch-
ing veins may be fired, when no gas or fire hazard is present, if the 
taking down of loose, hanging coal by other means is too hazardous 
for men working in such places. Only permissible explosives shall 
be used for such open, unconfined shots in anthracite mines. 
"(7) Every hoist used to transport persons at a mine, other than 
hoists used in excavating shafts or slopes, shall be equipped with 
overspeed, overwind, and automatic stop controls unless a second 
engineer is on duty. 
Every hoist used to transport such persons shall 
be equipped with brakes capable of stopping the platform, cage, or 
other device for transporting persons when fully loaded; and with 
hoisting cable adequately strong to sustain the fully loaded platform, 
cage, or other device for transporting persons, and have a proper 
margin of safety. 
Cages or platforms which are used to transport 
persons in vertical shafts, except cages or platforms which are also 
used to transport coal, shall be equipped with safety catches that act 
quickly and effectively in an emergency, and the safety catches shall 
be tested at least once every two months. 
Every hoist that is used 
93300 O - 53 - 48 
.TO 
PUBLIC LAW 552-JULY 16, 1952 
[66 STAT. 
to transport persons at a mine shall be inspected daily. 
No engineer 
shall be required for automatically operated cages or platforms. 
"PENALTIES 
"SEC. 210. (a) Any operator of a mine notified of an order made 
pursuant to section 203 or section 206, requiring him to cause persons 
to be withdrawn from, and to be debarred from entering, any area 
of such mine, who willfully fails to comply with such order shall be 
fined not more than $2,000. 
"(b) Any agent of an operator of a mine, knowing of the making 
of an order requiring such operator to cause persons to be withdrawn 
from, and to be debarred from entering, any area of such mine, who 
willfully directs, authorizes or causes any person, other than one who 
is lawfully authorized to enter or be in such area to enter or be in 
such area while such order is in effect, shall be fined not more than 
$2,000. 
"(c) Any person, knowing of the making of an order requiring an 
operator of a mine to cause persons to be withdrawn from, and to be 
debarred from entering, any area of such mine, who enters such area 
or remains tlierein while such order is in effect, shall, unless he is a 
person who is lawfully authorized to enter or be in such area, be fined 
not more than $2,000. 
"(d) Any owner, lessee, agent, manager, superintendent, or other 
person having control or supervision of any coal mine subject to section 
202 who refuses to admit the Director, any duly authorized representa-
tive of the Bureau, any State inspector assigned in accordance with 
a State plan, or any independent inspector appointed under section 
203 (e) (3) to such mine, pursuant to section 202 (c), shall be fined 
not more than $600. 
"EFFECT ON STATE LAWS 
"SEC. 211. (a) No State or Territorial law in effect upon the effective 
date of this title or w^hich may become effective thereafter, shall be 
superseded by any provision of this title, except insofar as such 
State or Territorial law is in conflict with this title, or with orders 
issued pursuant to this title. 
"(b) Provisions in any State or Territorial law in effect upon the 
effective date of this title, or which may become effective thereafter, 
which provide for greater safety of persons on coal-mine premises, 
in connection with a particular phase of coal-mining operations, than 
do provisions of this title, which relate to the same phase of such 
operations, shall not be construed or held to be in conflict with this 
title. Provisions in any State or Territorial law in effect upon the 
effective date of this title, or which may become effective thereafter, 
which provide for the safety of persons on coal-mine premises in con-
nection with phases of coal-mining operations concerning which no 
provision is contained in this title, shall not be construed or held 
to be superseded by this title. 
"(c) Nothing in this title shall be construed or held to supersede 
or in any manner affect the workmen's compensation laws of any State 
or Territory, or to enlarge or diminish or affect in any other manner 
the common law or statutory rights, duties or liabilities of employers 
and employees under State or Territorial laws in respect of injuries, 
occupational or other diseases or death of employees arising out of or 
in the course of employment. 
66 
S T A T . ] 
PUBLIC LAW 552-JULY 16, 1952 
709 
ADMINISTRATIVE PROVISIONS 
"SEC. 212. (a) Whenever the Director determines that the con-
struction of any equipment conforms to specifications prescribed by 
the Director which are designed to assure that such equipment will 
not cause a mine explosion or mine fire, he shall issue a certificate to 
the manufacturer of such equipment (1) stating that such equipment 
has met such specifications, (2) authorizing such manufacturer to 
attach an approval plate, label, or other device approved by the Direc-
tor which indicates that such equipment conforms to such specifica-
tions, and (3) authorizing such manufacturer to attach an identical 
approval plate, label, or other device to all identical equipment. 
"(b) The Secretary of the Interior shall have authority to appoint, 
subject to the civil-service laws, such officers and employees as he may 
deem requisite for the administration of this title; and to fix, subject 
to the Classification Act of 1949, as amended, the compensation of 
officers and employees so appointed. No person shall be assigned or 
appointed to perform the duties of a duly authorized representative 
of the Bureau unless he has the basic qualifications of at least five 
years' practical experience in the mining of coal and is recognized by 
the Bureau as having the training or experience of a practical mining 
engineer in those essentials necessary for competent coal mine 
inspection. 
"(c) The Director shall submit annually to the Congress, as soon as 
practicable after the beginning of each regular session, a full report 
of the administration of his functions under this title during the pre-
ceding calendar year. Such report shall include, either in summary 
or detailed form, the information obtained by him under this title, 
together with such findings and comments thereon and such recom-
mendations for legislative action as he may deem proper. 
C er t i f i c ate of 
conformance. 
Appointment of 
e m p l o y e e s ; sal-
aries. 
63 Stat. 954. 
5 u s e 1071 note. 
R e p o r t to Con-
gress. 
(( 
EXCLUSION FROM ADMINISTRATIVE PROCEDURE ACT 
"SEC. 213. The Administrative Procedure Act shall not apply to the 
making of any order pursuant to this title, or to any proceeding for 
the annulment or revision of any such order. 
60 Stat. 237. 
5 u s e 1001 note. 
' A U T H O R I Z A T I O N 
O F APPROPRIATIONS 
"SEC. 214. There are hereby authorized to be appropriated such sums. 
not exceeding $3,0C0,000 in any fiscal year, as may be necessary for 
the due execution of this title. 
SEVERABILITY 
"SEC. 215. If any provision of this title, or the application thereof to 
any person or circumstance, is held invalid, the remainder of this title, 
and the application of such provision to other persons or circum-
stances, shall not be affected thereby." 
SEC. 2. Section 4 of the Act entitled "An Act relating to certain 
inspections and investigations in coal mines for the purpose of obtain-
ing information relating to health and safety conditions, accidents, 
and occupational diseases therein, and for other purposes"', approved 
May 7, 1941, is amended by striking out "or by imprisonment not 
exceeding sixty days, or by both". 
SEC. 3. Section 5 of the Act entitled "An Act relating to certain 
inspections and investigations in coal mines for the purpose of obtain-
ing information relating to health and safety conditions, accidents, 
and occupational diseases therein, and for other purposes", approved 
May 7, 1941, is amended— 
55 Stat. 178. 
30 u s e 4i. 
30 u s e 4j. 
710 
PUBLIC LAW 553-JULY 16, 1952 
[66 S T A T . 
55 Stat. 177. 
30 u s e 4f-4o. 
Short title. 
(1) By striking out "during the calendar year in which the request 
is made or during the preceding calendar year" and inserting in lieu 
thereof "during the six-month period immediately preceding the date 
on which the request is made". 
(2) By adding at the end of such section the following new" sentence: 
"Whoever willfully violates this section shall be fined not more than 
i^500." 
SEC. 4. The Act entitled "An Act relating to certain inspections and 
investigations in coal mines for the purpose of obtaining information 
relating to health and safety conditions, accidents, and occupational 
diseases therein, and for other purposes", approved May 7, 1941, is 
amended— 
(1) By inserting immediately after the comma at the end of the 
enacting clause the following: "That this Act may be cited as the 
'Federal Coal Mine Safety Act'.". 
(2) By inserting immediately below the matter inserted by para-
graph (1) the following: 
"TITLE I—ADVISORY POWERS RELATING TO HEALTH 
AND SAFETY CONDITIONS IN MINES" 
30 u s e 4f. 
30 use 
4f note. 
(3) By striking out "this Act", wherever appearing therein, and 
inserting in lieu thereof "this title". 
(4) By striking out "That the" at the beginning of the present 
first section and inserting in lieu thereof "SEC. 101. The". 
4g-4o, 
(5) By redesignating the presently designated sections 2 to 12, 
inclusive, as sections 102 to 112, respectively. 
(6) By striking out "section 1" in the presently designated section 
2 and inserting in lieu thereof "section 101". 
(7) By striking out "section 1 or section 2" in the presently desig-
nated sections 3 and 4, and inserting in lieu thereof "section 101 or 
section 102". 
(8) By striking out "section 3" in the presently designated section 
4 and inserting in lieu thereof "section 103". 
(9) By striking out "section 6" in the presently designated section 
7 and inserting in lieu thereof "section 106 . 
Approved July 16, 1952. 
July 16, 1952 
[S. 2657] 
D e p a r t m ent of 
Commerce. 
Chief Clerk and 
Superintendent. 
5 u s e 
593 and 
note. 
Public Law 553 
CHAPTER 878 
AN ACT 
To amend the Act of June 28, 1944 (ch. 294, title III, 58 Stat. 414), and the Act 
of February 14,1903 (ch. 552, 32 Stat. 825). 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assevibled^ That the Act of 
June 28,1944 (ch. 294, title III, 58 Stat. 414), is amended by striking 
out the following words: "including the Chief Clerk and Superin-
tendent, who shall be chief executive oiRcer of the Department and 
who may be designated by the Secretary of Commerce (hereafter in 
this title referred to as the Secretary) to sign minor routine official 
papers and documents during the temporary absence of the Secretary, 
the Under Secretary, and the Assistant Secretary of the Department". 
SEC. 2. The language preceding the semicolon in the third sentence 
of section 2 of the Act of February 14, 1903 (ch. 552, 32 Stat. 825, 
826), is amended to read: "There shall also be such clerical assistants as 
may from time to time be authorized by the Congress." 
Approved July 16, 1952.