[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Rules and Regulations]
[Pages 19347-19352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9655]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 71 and 75

RIN: 1219-AA98 (Phase 9)


Standards for Sanitary Toilets in Coal Mines

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Direct final rule; request for comments.

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SUMMARY: MSHA is removing an application and approval requirement from 
existing mandatory standards. Currently, MSHA must approve sanitary 
toilets for use in underground coal mines, and MSHA and the National 
Institute for Occupational Safety and Health (NIOSH) must jointly 
approve sanitary toilets for use in surface coal mines. MSHA and NIOSH 
base their approval on criteria drawn from the American National 
Standard Institute's (ANSI's) American National Standard for 
Sanitation--Nonsewered Waste-Disposal Systems--Minimum Requirements. 
MSHA is amending its regulations to state which sanitary toilets meet 
the standard in order to eliminate the need for an application for

[[Page 19348]]

approval and its associated paperwork burden. This action also directly 
informs manufacturers, mine operators, miners, and miners' 
representatives about which sanitary toilets meet the standard. 
Removing the application requirements has no substantive effect on the 
sanitation standards.

DATES: This direct final rule is effective June 20, 2003 without 
further notice, unless MSHA receives significant adverse comment by May 
21, 2003. If MSHA receives such comment, the Agency will publish a 
timely withdrawal of this direct final rule in the Federal Register.

ADDRESSES: Clearly identify comments as such and submit them either 
electronically to [email protected]; by facsimile to 202-693-9441; or 
by regular mail or hand delivery to MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2313, Arlington, 
Virginia 22209-3939. Comments are posted for public viewing at http://www.msha.gov/currentcomments.htm.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Director; Office of 
Standards, Regulations, and Variances, MSHA; Phone: 202-693-9442; FAX: 
202-693-9441; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction.

    The Office of Management and Budget's (OMB's) current approval for 
Sec. Sec.  71.500 and 75.1712-6 under control number 1219-0101 expires 
on November 30, 2003. OMB approval was contingent on MSHA initiating 
rulemaking ``to update and simplify this standard with the goal of 
eliminating unnecessary requirements and reducing the unnecessary 
burdens.'' In response to OMB concerns, MSHA developed this direct 
final rule to eliminate the need for applications for approval of 
sanitary toilets and their associated paperwork burden. This direct 
final rule does not address any other aspect of MSHA's standards for 
sanitary facilities at coal mines. Sanitary toilet facilities for 
surface work areas of underground mines remain subject to the 
provisions of 30 CFR 75.1712-3, which is unchanged.

Direct Final Rule and Significant Adverse Comments

    MSHA has determined that this rulemaking is suitable for a direct 
final rule because we do not expect to receive any significant adverse 
comments. A significant adverse comment is one that explains (1) why 
the direct final rule is inappropriate, including challenges to the 
rule's underlying premise or approach, or (2) why the direct final rule 
will be ineffective or unacceptable without a change. In determining 
whether a comment necessitates withdrawal of this direct final rule, 
MSHA will consider whether it warrants a substantive response in a 
notice and comment process.
    Elsewhere in this issue of the Federal Register, we are publishing 
a companion proposed rule under Sec.  553 of the Administrative 
Procedure Act to speed notice and comment rulemaking should we withdraw 
this direct final rule. The companion proposed rule and this direct 
final rule are substantively identical. All interested parties should 
comment by May 21, 2003 because we will not initiate an additional 
comment period.

II. Background Discussion of Existing Standards

A. Regulatory History

    MSHA originally promulgated sanitation standards under the Federal 
Coal Mine Health and Safety Act of 1969. The Mining Enforcement and 
Safety Administration (MESA), MSHA's predecessor, promulgated 30 CFR 
75.1712-6 on November 20, 1970 (35 FR 17890) and 30 CFR 71.500 on March 
28, 1972 (37 FR 6368). No substantive changes have been made to either 
provision since that time.
    Under existing standards, MSHA approves sanitary toilets for 
installation and use on an industry-wide basis, not on a mine-by-mine 
basis. MSHA issues three types of approvals: for surface work sites 
only, for underground work sites only, or for both surface and 
underground work sites. Once granted, the approval does not expire. 
Although some of the manufacturers and distributors of approved 
sanitary toilets are no longer in business, MSHA accepts these approved 
sanitary toilets as long as they are properly maintained.

B. Existing Application for Approval Process

    The existing standards' requirements for an application for 
approval of a sanitary toilet can pose an unnecessary burden on 
manufacturers and mine operators. To effectively evaluate a sanitary 
toilet for use at a coal mine, MSHA requires that the application for 
approval contain--
    Information about the unit and its manufacturer;
    Instructions for operation and maintenance;
    Technical or performance test data; and
    Other information that may help in evaluating the unit's 
practicality for use in coal mining, such as information about the 
appropriateness and durability of the sanitary toilet for use 
underground.

C. MSHA and MSHA/NIOSH Approval Criteria

    When reviewing the application for approval, MSHA and NIOSH review 
and evaluate the sanitary features of each toilet for the use intended. 
Currently, MSHA and NIOSH use portions of the American National 
Standard Institute's (ANSI's) American National Standard for 
Sanitation--Nonsewered Waste-Disposal Systems--Minimum Requirements, 
ANSI Z4.3-1987 (Reaffirmed 1995), as the criteria for evaluating these 
sanitary features. At a minimum, MSHA and NIOSH use the definitions for 
the various types of toilets and components of the toilet facility in 
Section 2; the general requirements for auxiliary features in Sections 
3.7, 3.8, and 3.9; and the specific design criteria in Section 7.
    Exceptions. Although a privy is listed in ANSI Z4.3-1987 
(Reaffirmed 1995), MSHA does not approve the use of a privy at any coal 
mine because sewage could seep through the earth walls and contaminate 
ground water, earth walls could fail under the harsh conditions at a 
coal mine, and rain and run-off could flood the privy causing it to 
overflow and contaminate the mine. MSHA does not approve combustion or 
incinerating toilets underground because they can create a fire hazard 
by introducing an ignition source. MSHA does not require a toilet paper 
holder on unenclosed sanitary toilets underground because it is 
impractical.

D. Types of Approved Sanitary Toilets

    The following table contains excerpts from ANSI Z4.3-1987 
(Reaffirmed 1995) for those types of sanitary toilets that are approved 
for use in coal mines. MSHA will consider any toilet facility that is 
one of the types of toilets listed in the Agency's revised standards 
and meets these same criteria, to be in compliance.

[[Page 19349]]



------------------------------------------------------------------------
   Definitions  (ANSI Z4.3       Types of toilet facilities  (ANSI Z4.3
          Section 2)                           Section 7)
------------------------------------------------------------------------
2.2.2 A vault toilet facility  7.1.1. The vault-toilet tank shall be
 is one wherein the waste is    durable and corrosion-resistant and
 deposited without flushing     shall provide a minimum capacity of 378
 in a permanently installed,    L (100 gal) per seat.
 watertight, below-ground      7.1.2. Where a caustic chemical issued,
 container.                     the charge per seat shall be a minimum
                                of 11.3 kg (25 lbs.) of caustic
                                dissolved in 37.5 L (10 gal) of water.
                               7.1.3. The chemical shall be drained and
                                the receptacle recharged every 6 months
                                when in continuous use, or at least at
                                the beginning of each season of
                                operation when in intermittent use, or
                                when three-fourths full, whichever
                                occurs first.
                               7.1.4. Tanks shall be vented to the
                                outside with a minimum nominal venting
                                area of 45 cm\2\ (7 in\2\).
                               7.1.5. The tank shall be equipped with a
                                manhole external to the structure for
                                cleaning and for removal of caustic
                                chemicals. The manhole shall be covered
                                so as to prevent escape of gases and
                                odors.
------------------------------
                            Sealed-Bag Toilet
------------------------------------------------------------------------
2.2.3 A sealed-bag toilet      7.2.1. All materials and fittings shall
 facility is one wherein the    be corrosion resistant.
 waste of each user is         7.2.2. The bag shall be made of material
 deposited, without flushing,   of sufficient strength so as not to leak
 into a bag, generally          and, once sealed, so as to retain the
 plastic, which is then         waste until such time as the bag is
 sealed for later disposal.     removed from the toilet for disposal.
 The structure housing a
 sealed-bag-toilet facility
 may be permanent or portable.
------------------------------
                    Combustion or Incinerating Toilet
------------------------------------------------------------------------
2.3 A combustion- or           7.3.1 All external surfaces, including
 incinerating-toilet facility   bowl and hopper, shall be easy to clean.
 is one wherein the waste is   7.3.2. The residue of combustion or
 deposited, with or without     incineration shall be sterile and inert.
 flushing, into a combustion   7.3.3. The flue effluents shall be free
 chamber, where it is           of viable bacteria.
 incinerated. The structure    7.3.4. The combustion system and all fuel
 housing a combustion- or       and electrical parts shall be safe and
 incinerating-toilet facility   in compliance with applicable gas and
 may be permanent or portable.  electrical codes of local authorities.
                                Where such codes do not exist, the
                                installation shall comply with American
                                National Standard National Electrical
                                Code, ANSI/NFPA 70-1987, or with
                                American National Standard for Gas-Fired
                                Toilets, ANSI Z21.61-1983, and American
                                National Standard National Fuel Gas
                                Code, ANSI Z223.1-1984 and ANSI Z223.1a-
                                1987.
------------------------------
                  Chemical Toilet and Biological Toilet
------------------------------------------------------------------------
2.2.1 A chemical-toilet        7.4.1. Waste containers shall be
 facility is a nonflush-        fabricated from nonabsorbent, watertight
 toilet facility wherein the    materials.
 waste is deposited directly   7.4.2. Portable chemical and biological
 into a container containing    toilets and urinals that are free-
 a solution of water and        standing and not installed in a toilet
 chemical. It may be housed     room do not require a ventilation
 in a permanent or portable     system.
 structure.                    7.4.3. Chemicals or biological agents, if
2.4 A biological-toilet         used in the waste container, shall be in
 facility is one wherein the    accordance with applicable federal,
 waste is deposited, with or    state, and local provisions.
 without flushing, into a
 waste container integral to
 the toilet facility, where
 it is treated by means of
 biological agents or
 aeration..
------------------------------
                          Nonwater-Flush Toilet
------------------------------------------------------------------------
2.1.2 A nonwater-flush-toilet  7.5.1. All materials such as bowl,
 facility is one wherein the    piping, and fittings that are in contact
 waste is flushed from the      with waste and chemicals shall be
 bowl and the bowl cleansed     nonabsorbent and corrosion-resistant.
 by a fluid other than water,  7.5.2. Waste passages shall have smooth
 with the fluid deposited in    surfaces and shall be free of
 a container or receptacle,     obstructions, recesses, or chambers that
 or treated and recirculated    would permit fouling.
 as in 2.1.1; such facilities  7.5.3. Flushing shall be accomplished by
 include, but are not limited   controls operable without special
 to, oil-flush-toilet           knowledge. Upon flushing, fluid shall
 facilities.                    enter the bowl and pass through with a
                                vigorous flow sufficient to carry the
                                waste from the bowl into the waste
                                container.
                               7.5.4. Chemicals, if used in the waste
                                container, shall be in accordance with
                                applicable local, state, and federal
                                provisions.
------------------------------
                           Water-Flush Toilet
------------------------------------------------------------------------
2.1.1 A water-flush-toilet     7.6.1. All materials such as bowl,
 facility is one wherein the    piping, and fittings that are in contact
 waste is carried from the      with waste and chemicals shall be
 bowl and the bowl cleansed     nonabsorbent and corrosion-resistant.
 by water, and the combined    7.6.2. Waste passages shall have smooth
 water and waste is deposited   surfaces and shall be free of
 into a container or            obstructions, recesses, or chambers that
 receptacle, or recirculated    would permit fouling.
 by a closed system for        7.6.3. Flushing shall be accomplished by
 flushing purposes; such        controls operable without special
 facilities include, but are    knowledge.
 not limited to, vacuum-       7.6.4. Chemicals, if used, shall be in
 toilet facilities.             accordance with applicable local, state,
                                and federal provisions.
------------------------------------------------------------------------
Source: American National Standard Institute (ANSI), American National
  Standard for Sanitation--Nonsewered Waste-Disposal Systems--Minimum
  Requirements, (ANSI Z4.3-1987) (Reaffirmed 1995).


[[Page 19350]]

III. Section-by-Section Discussion

    The following section-by-section discussion explains the direct 
final rule's revisions to the existing standards. The direct final rule 
provides the same level of protection for miners as the existing 
standards because it guarantees that sanitary toilets meet the same 
requirements as those which were approved through the existing 
application process. It has no substantive effect on the sanitation 
standards at coal mines.

A. 30 CFR 71.500 for Surface Coal Mines

    Existing Sec.  71.500 requires all surface coal mine operators' to 
provide at least one approved sanitary toilet at a location convenient 
to each surface work site and one additional approved sanitary toilet 
for each 10 miners working at a location. MSHA and NIOSH jointly 
approve sanitary toilets for use at surface mines.
    The direct final rule eliminates the application for approval 
requirement and its associated paperwork burden, and provides notice of 
which types of sanitary toilets may be used by listing them directly in 
the standard. The direct final rule also requires sanitary toilets to 
have a toilet paper holder with an adequate supply of toilet paper and 
a toilet seat with a hinged lid, as is required in Section 3 of ANSI 
Z4.3-1987 (Reaffirmed 1995); and prohibits the use of privies.
    NIOSH has reviewed this direct final rule and concurs that the 
application for approval requirements can be removed without reducing 
protection for miners. NIOSH also agrees that the direct final rule 
does not change the criteria for the sanitary toilets. MSHA has 
incorporated NIOSH's comments in this regulatory action.

B. 30 CFR 75.1712-6 for Underground Coal Mines

    Existing Sec.  75.1712-6 requires all underground coal mine 
operators to provide and maintain one approved sanitary toilet in a dry 
location under protected roof within 500 feet of each working place 
where miners regularly work. Under the existing standard, MSHA must 
approve sanitary toilets for use at underground locations.
    The direct final rule eliminates the application requirement and 
its associated paperwork burden, and provides notice of which types of 
sanitary toilets may be used by listing them directly in the standard. 
The direct final rule also requires sanitary toilets to have a toilet 
paper holder with an adequate supply of toilet paper and a toilet seat 
with a hinged lid, as is required in Section 3 of ANSI Z4.3-1987 
(Reaffirmed 1995); prohibits privies and combustion or incinerating 
toilets underground; and removes the obsolete December 30, 1970, 
effective date.

IV. The Regulatory Flexibility Act, the Small Business Regulatory 
Enforcement Fairness Act, and Executive Order 12866

    In accordance with Executive Order (E.O.) 12866, MSHA has analyzed 
the estimated costs and benefits associated with this direct final 
rule, and has included its Regulatory Economic Analysis (REA) in this 
preamble. This direct final rule includes no additional costs for the 
mining industry and eliminates the costs associated with filing an 
application for approval. This direct final rule is not an economically 
significant regulatory action under Sec.  3(f)(1) of E.O. 12866.
    In accordance with Sec.  605 of the Regulatory Flexibility Act 
(RFA), MSHA certifies that this direct final rule does not have a 
significant economic impact on a substantial number of small entities. 
Under the Small Business Regulatory Enforcement Fairness Act (SBREFA) 
amendments to the RFA, the Agency must include the factual basis for 
this certification in the direct final rule. Accordingly, the Agency is 
publishing the factual basis for its regulatory flexibility 
certification statement in the Federal Register, as part of this 
preamble, and is providing a copy to the Small Business Administration 
(SBA), Office of Advocacy. MSHA also will mail a copy of the direct 
final rule, including the preamble and certification statement, to coal 
mine operators and miners' representatives and post it on the Agency's 
Internet Home Page at http://www.msha.gov.

Factual basis for certification.

    MSHA is issuing a direct final rule amending 30 CFR parts 71 and 
75, concerning applications for approval of sanitary toilets. The 
Agency is amending its regulations to state which sanitary toilets meet 
the standard in order to eliminate the need for underground and surface 
coal mines to file an application for approval and to avoid the 
associated cost and paperwork burden.
    Manufacturers are the primary applicants for MSHA or MSHA/NIOSH 
approval of sanitary toilets. In the last four years, seven 
manufacturers of portable toilets filed applications to request 
approval of sanitary toilets. During this same period, only one mine 
operator filed an application to request approval of sanitary toilets. 
MSHA expects that the number and distribution of applications over the 
past four years is representative of future applications in the absence 
of this direct final rule. MSHA therefore estimates that, on average, 
in the absence of the direct final rule, portable toilet manufacturers 
will file 1.75 applications each year, and mine operators will file 
0.25 applications each year.
    Traditionally, MSHA has considered a small mine to be one with 
fewer than 20 employees. Based on MSHA's definition, the mine operator 
is considered large because it employs 20 or more workers. The Small 
Business Administration (SBA) definition for a small business in the 
mining industry is one with 500 or fewer employees. The mine operator 
that filed the application is considered a small business by SBA's 
definition in that it employs fewer than 500 workers. Based on SBA's 
definition, manufacturers of portable toilets (plastics), NAICS Code 
326191 (SIC Code 3088), are defined as small if they have fewer than 
500 employees. All of the portable toilet manufacturers are small 
businesses, according to SBA, because each employs fewer than 500 
workers.\1\
---------------------------------------------------------------------------

    \1\ Small Business Administration, Small Business Size Standards 
Matched to North American Industry Classification System (NAICS), 
Effective July 1, 2002. (http://www.sba.gov/size/sizetable.html).
---------------------------------------------------------------------------

Compliance Costs

    Cost savings from this direct final rule accrue to sanitary toilet 
manufacturers and mine operators because they will no longer have to 
file an application for approval of sanitary toilets. Cost savings from 
this rule are estimated at $407 annually. The cost savings are based 
upon the elimination of the filing of an average of 1.75 applications 
per year by manufacturers and 0.25 applications per year by mine 
operators. For the manufacturers, cost savings will be $296 annually. 
For the mine operator, cost savings will be $111 annually.
    The annual cost savings of $296 for manufacturers is derived in the 
following manner. On average, a first-line supervisor at a toilet 
manufacturing facility, earning $20.82 per hour,\2\ takes 8 hours to 
prepare an application (1.75 applications x 8 hours x $20.82 per hour = 
$291.48). In addition, a clerical worker, earning $12.66 per hour,\3\ 
takes

[[Page 19351]]

0.1 hour to copy and mail an application (1.75 applications x 0.1 hour 
x $12.66 per hour = $2.22). Furthermore, MSHA estimates that, on 
average, each application is two pages long, photocopying costs are 
$0.15 per page, and postage is $1 [1.75 applications x ((2 pages x 
$0.15 per page) + $1) = $ 2.28].
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    \2\ U.S. Department of Labor, Bureau of Labor Statistics, Career 
Guide to Industries--Chemicals Manufacturing, Except Drugs. (http://www.bls.gov/oco/cgs/cgs008.htm).
    \3\ U.S. Department of Labor, Bureau of Labor Statistics, 
Occupational Employment Statistics--2001 National Occupational 
Employment and Wage Estimates. (http://www.bls.gov/oes/2001/oes433021.htm).
---------------------------------------------------------------------------

    The annual cost savings of $111 for the mine operator is derived in 
the following manner. On average, a mine supervisor, earning $54.92 per 
hour, takes 8 hours to prepare an application (0.25 application x 8 
hours x $54.92 per hour = $109.84). In addition, a clerical worker, 
earning $19.58 per hour, takes 0.1 hour to copy and mail an application 
(0.25 application x $0.1 hour x $19.58 per hour = $ 0.49). Furthermore, 
MSHA estimates that, on average, each application is two pages long, 
photocopying costs are $0.15 per page, and postage is $1 [0.25 
application x ((2 pages x $0.15 per page) + $1) = $0.33].
    This direct final rule eliminates the application process and 
provides simple compliance information directly to the public, thus 
eliminating the annual cost burden.

V. Paperwork Reduction Act.

    This direct final rule contains no additional information 
collections subject to review by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act. Consequently, the information 
collection currently approved by OMB under control number 1219-0101 
will no longer be necessary and will be withdrawn.
    This direct final rule will result in 16 annual burden hour savings 
and associated annual burden cost savings of $404 related to 
elimination of 2 applications annually for sanitary toilets. Of this 
total, for the 1.75 portable toilet manufacturers, there will be 14 
burden hours savings annually and associated annual burden costs 
savings of $294. For the 0.25 mine operators, there will be 2 burden 
hours savings annually and associated annual burden cost savings of 
$110.
    The annual reduction of 14 burden hours and the $294 annual burden 
costs savings for the 1.75 portable sanitary toilet manufacturers are 
derived in the following manner. On average, a first-line supervisor at 
a toilet manufacturing facility, takes 8 hours to prepare an 
application (1.75 applications x 8 hours = 14 hours). In addition, a 
clerical worker takes 0.1 hour (or 6 minutes) to copy and mail an 
application (1.75 applications x 0.1 hour = 0.18 hours). The hourly 
wage rate for a first-line supervisor at a portable toilet 
manufacturing facility is $20.82 ($20.82 x 14 burden hours = $291.48). 
The hourly wage rate for a clerical worker (billing and posting clerks) 
is $12.66 ($12.66 x 0.18 burden hours = $2.28).
    The annual reduction of 2 burden hours and the $110 annual burden 
costs savings for the 0.25 mines are derived in the following manner. 
On average, a mine supervisor takes 8 hours to prepare an application 
(0.25 applications x 8 hours = 2 hours). In addition, a clerical worker 
takes 0.1 hour (or 6 minutes) to copy and mail an application (0.25 
applications x 0.1 hour = 0.03 hour). The hourly wage rate for a mine 
supervisor is $54.92 ($54.92 x 2 hours = $109.84). The hourly wage rate 
for a clerical worker is $19.58 ($19.58 x 0.03 hours = $0.58).
    This direct final rule removes this burden by eliminating the 
application process and providing information directly to the public.

VI. Other Regulatory Considerations

A. The National Environmental Policy Act of 1969

    The National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et 
seq.) requires each Federal agency to consider the environmental 
effects of its actions. This direct final rule has no environmental 
impact because it has no substantive effect on the existing standards.

B. Unfunded Mandates Reform Act of 1995

    We have determined, for purposes of Sec.  202 of the Unfunded 
Mandates Reform Act of 1995, that this direct final rule does not 
include any Federal mandate that may result in increased expenditures 
by state, local, or tribal governments in the aggregate of more than 
$100 million, or increased expenditures by the private sector of more 
than $100 million. We also determined, for purposes of Sec.  203, that 
this direct final rule does not significantly or uniquely affect these 
entities.

C. Executive Order 12630: Government Actions and Interference With 
Constitutionally Protected Property Rights

    This direct final rule is not subject to Executive Order 12630 
because it would not involve implementation of a policy with 
``takings'' implications.

D. Executive Order 12988: Civil Justice Reform

    In accordance with Executive Order 12988, we have determined that 
this direct final rule will not unduly burden the Federal court system. 
We wrote the direct final rule to provide a clear legal standard for 
affected conduct and have reviewed it to eliminate drafting errors and 
ambiguities.

E. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    In accordance with Executive Order 13045, we have evaluated the 
environmental health and safety effects of this direct final rule and 
have determined that it has no adverse effects on children.

F. Executive Order 13132: Federalism

    In accordance with Executive Order 13132, we have reviewed this 
direct final rule and have determined that it does not have 
``federalism'' implications.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    In accordance with Executive Order 13175, we certify that this 
direct final rule does not impose substantial direct compliance costs 
on Indian tribal governments.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    In accordance with Executive Order 13211, we have reviewed this 
direct final rule and have determined that it has no effect on the 
production or price of coal. Consequently, it has no significant 
adverse effect on the supply, distribution, or use of energy, and no 
reasonable alternatives to this action are necessary.

I. Executive Order 13272: Proper Consideration of Small Entities in 
Agency Rulemaking

    In accordance with Executive Order 13272, MSHA has thoroughly 
reviewed the direct final rule to assess and take appropriate account 
of its potential impact on small businesses, small governmental 
jurisdictions, and small organizations. As discussed previously in this 
preamble, MSHA has determined that the direct final rule does not have 
a significant economic impact on a substantial number of small 
entities.

[[Page 19352]]

List of Subjects

30 CFR Part 71

    Coal mines, Mine safety and health, Surface mining.

30 CFR Part 75

    Coal mines, Mine safety and health, Underground mining.

    Dated: April 15, 2003.
John R. Correll,
Deputy Assistant Secretary for Mine Safety and Health.

0
For the reasons set out in the preamble, and under the authority of the 
Federal Mine Safety and Health Act of 1977, MSHA is amending chapter I, 
parts 71 and 75, of title 30 of the Code of Federal Regulations as 
follows:

PART 71--[AMENDED]

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 30 U.S.C. 811, 951, 957.


0
2. Section 71.500 is revised to read as follows:


Sec.  71.500  Sanitary toilet facilities at surface work sites; 
installation requirements.

    (a) Each operator of a surface coal mine shall provide and install 
at least one sanitary toilet in a location convenient to each surface 
work site. A single sanitary toilet may serve two or more surface work 
sites in the same surface mine where the sanitary toilet is convenient 
to each such work site.
    (b) Where 10 or more miners use such toilet facilities, sufficient 
toilets shall be furnished to provide approximately one sanitary toilet 
for each 10 miners.
    (c) Sanitary toilets shall have an attached toilet seat with a 
hinged lid and a toilet paper holder together with an adequate supply 
of toilet tissue.
    (d) Only flush or nonflush chemical or biological toilets, 
combustion or incinerating toilets, sealed bag toilets, and vault 
toilets meet the requirements of this section. Privies are prohibited.

(Note to Sec.  71.500: Sanitary toilet facilities for surface work 
areas of underground mines are subject to the provisions of Sec.  
75.1712-3 of this chapter.)

PART 75--[AMENDED]

0
3. The authority citation for part 75 continues to read as follows:

    Authority: 30 U.S.C. 811.

0
4. Section 75.1712-6 is revised to read as follows:


Sec.  75.1712-6  Underground sanitary facilities; installation and 
maintenance.

    (a) Except as provided in Sec.  75.1712-7, each operator of an 
underground coal mine shall provide and maintain one sanitary toilet in 
a dry location under protected roof, within 500 feet of each working 
place in the mine where miners are regularly employed during the mining 
cycle. A single sanitary toilet may serve two or more working places in 
the same mine, if it is located within 500 feet of each such working 
place.
    (b) Sanitary toilets shall have an attached toilet seat with a 
hinged lid and a toilet paper holder together with an adequate supply 
of toilet tissue, except that a toilet paper holder is not required for 
an unenclosed toilet facility.
    (c) Only flush or nonflush chemical or biological toilets, sealed 
bag toilets, and vault toilets meet the requirements of this section. 
Privies and combustion or incinerating toilets are prohibited 
underground.
[FR Doc. 03-9655 Filed 4-18-03; 8:45 am]
BILLING CODE 4510-43-P