context: Moreover, the Congress chose to allow the Secretary to regulate transportation hazards in underground coal mines on a mine-by-mine basis; it did not require that such regulation be subject to formal preenforcement review or notice-and-comment. Compare 30 U.S.C. SS 811(a), (d) (providing for notice-and-comment rule-making and pre-enforcement judicial review of mandatory health or safety standards issued pursuant to Title I) with id. SS 874(b) (authorizing Secretary to impose additional "safeguards" in her discretion). As Wolf Run did in this case, an operator can seek meaningful review of a safeguard notice issued pursuant to section 314(b) in the citation proceeding.
citation_a.signal: see also
citation_a.identifier: 536 F.2d 406, 406-07
citation_a.parenthetical: operator may obtain review of proposed ventilation plan in citation proceeding after failing to adopt proposed plan
citation_a.sentence: Carbon Cnty. Coal Co., 7 FMSHRC 1367, 1371 (1985) (review of operator’s challenge to ventilation plan “may be obtained by the operator’s refusal to adopt the disputed provision, thus triggering litigation before the Commission” pursuant to section 109, 30 U.S.C. § 820); see also Zeigler Coal, 536 F.2d at 406-07 (operator may obtain review of proposed ventilation plan in citation proceeding after failing to adopt proposed plan).
citation_b.signal: no signal
citation_b.identifier: 7 FMSHRC 1367, 1371
citation_b.parenthetical: review of operator's challenge to ventilation plan "may be obtained by the operator's refusal to adopt the disputed provision, thus triggering litigation before the Commission" pursuant to section 109, 30 U.S.C. SS 820
citation_b.sentence: Carbon Cnty. Coal Co., 7 FMSHRC 1367, 1371 (1985) (review of operator’s challenge to ventilation plan “may be obtained by the operator’s refusal to adopt the disputed provision, thus triggering litigation before the Commission” pursuant to section 109, 30 U.S.C. § 820); see also Zeigler Coal, 536 F.2d at 406-07 (operator may obtain review of proposed ventilation plan in citation proceeding after failing to adopt proposed plan).