[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Proposed Rules]
[Pages 19477-19482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9656]


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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: Proposed rule; request for comments.

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SUMMARY: MSHA is proposing to remove 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 proposing to amend its standards to state which sanitary 
toilets meet the standard in order to eliminate the need for an 
application for approval and its associated paperwork burden. This 
action would also directly inform manufacturers, mine operators, 
miners, and miners' representatives about which sanitary toilets meet 
the standard. Removing the application requirements would have no 
substantive effect on the sanitation standards.

[[Page 19478]]


DATES: Submit comments by May 21, 2003.

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 proposed 
rule to eliminate the need for applications for approval of sanitary 
toilets and their associated paperwork burden. This proposed rule would 
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 would remain subject to the provisions of 30 
CFR 75.1712-3, which is unchanged.

Proposed Rule, Direct Final Rule, and Significant Adverse Comments

    Elsewhere in this issue of the Federal Register, we are publishing 
a direct final rule which is substantively identical to this companion 
proposed rule. 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 would be ineffective or unacceptable without a change. In 
determining whether a comment necessitates withdrawal of the direct 
final rule, MSHA would consider whether it warrants a substantive 
response in a notice and comment process.
    We are publishing this companion proposed rule under section 553 of 
the Administrative Procedure Act to speed notice and comment rulemaking 
should we withdraw the direct final rule. 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--
    [sbull] Information about the unit and its manufacturer;
    [sbull] Instructions for operation and maintenance;
    [sbull] Technical or performance test data; and
    [sbull] 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 19479]]



------------------------------------------------------------------------
                                            Types of toilet facilities
   Definitions  (ANSI Z4.3 Section 2)         (ANSI Z4.3 Section 7)
------------------------------------------------------------------------
                              Vault Toilet
------------------------------------------------------------------------
2.2.2--A vault toilet facility is one    7.1.1. The vault-toilet tank
 wherein the waste is deposited without   shall be durable and corrosion-
 flushing in a permanently installed,     resistant and shall provide a
 watertight, below-ground container.      minimum capacity of 378 L (100
                                          gal) per seat.
                                         7.1.2. Where a caustic chemical
                                          issued, 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 cm2
                                          (7 in2).
                                         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 facility is   7.2.1. All materials and
 one wherein the waste of each user is    fittings shall be corrosion
 deposited, without flushing, into a      resistant.
 bag, generally plastic, which is then   7.2.2. The bag shall be made of
 sealed for later disposal. The           material of sufficient
 structure housing a sealed-bag-toilet    strength so as not to leak
 facility may be permanent or portable.   and, once sealed, so as to
                                          retain the waste until such
                                          time as the bag is removed
                                          from the toilet for disposal.
----------------------------------------
                    Combustion or Incinerating Toilet
------------------------------------------------------------------------
2.3--A combustion- or incinerating-      7.3.1. All external surfaces,
 toilet facility is one wherein the       including bowl and hopper,
 waste is deposited, with or without      shall be easy to clean.
 flushing, into a combustion chamber,    7.3.2. The residue of
 where it is incinerated. The structure   combustion or incineration
 housing a combustion- or incinerating-   shall be sterile and inert.
 toilet facility may be permanent or     7.3.3. The flue effluents shall
 portable.                                be free of viable bacteria.
                                         7.3.4. The combustion system
                                          and all fuel and electrical
                                          parts shall be safe and in
                                          compliance with applicable gas
                                          and 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 facility is a   7.4.1. Waste containers shall
 nonflush-toilet facility wherein the     be fabricated from
 waste is deposited directly into a       nonabsorbent, watertight
 container containing a solution of       materials.
 water and chemical. It may be housed     7.4.2. Portable chemical and
 in a permanent or portable structure..   biological toilets and urinals
2.4--A biological-toilet facility is      that are free-standing and not
 one wherein the waste is deposited,      installed in a toilet room do
 with or without flushing, into a waste   not require a ventilation
 container integral to the toilet         system.
 facility, where it is treated by means  7.4.3. Chemicals or biological
 of biological agents or aeration.        agents, if used in the waste
                                          container, shall be in
                                          accordance with applicable
                                          federal, state, and local
                                          provisions.
----------------------------------------
                          Nonwater-Flush Toilet
------------------------------------------------------------------------
2.1.2--A nonwater-flush-toilet facility  7.5.1. All materials such as
 is one wherein the waste is flushed      bowl, piping, and fittings
 from the bowl and the bowl cleansed by   that are in contact with waste
 a fluid other than water, with the       and chemicals shall be
 fluid deposited in a container or        nonabsorbent and corrosion-
 receptacle, or treated and               resistant.
 recirculated as in 2.1.1; such          7.5.2. Waste passages shall
 facilities include, but are not          have smooth surfaces and shall
 limited to, oil-flush-toilet             be free of obstructions,
 facilities.                              recesses, or chambers that
                                          would permit fouling.
                                         7.5.3. Flushing shall be
                                          accomplished by controls
                                          operable without special
                                          knowledge. Upon flushing,
                                          fluid shall 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.
----------------------------------------

[[Page 19480]]

 
                           Water-Flush Toilet
------------------------------------------------------------------------
2.1.1--A water-flush-toilet facility is  7.6.1. All materials such as
 one wherein the waste is carried from    bowl, piping, and fittings
 the bowl and the bowl cleansed by        that are in contact with waste
 water, and the combined water and        and chemicals shall be
 waste is deposited into a container or   nonabsorbent and corrosion-
 receptacle, or recirculated by a         resistant.
 closed system for flushing purposes;    7.6.2. Waste passages shall
 such facilities include, but are not     have smooth surfaces and shall
 limited to, vacuum-toilet facilities.    be free of obstructions,
                                          recesses, or chambers that
                                          would permit fouling.
                                         7.6.3. Flushing shall be
                                          accomplished by controls
                                          operable without special
                                          knowledge.
                                         7.6.4. Chemicals, if used,
                                          shall be in 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).

III. Section-by-Section Discussion

    The following section-by-section discussion explains the proposed 
rule's revisions to the existing standards. The proposed rule would 
provide the same level of protection for miners as the existing 
standards because it would guarantee that sanitary toilets meet the 
same requirements as those which were approved through the existing 
application process. The proposed rule would have 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 proposed rule would eliminate the application for approval 
requirement and its associated paperwork burden, and provide notice of 
which types of sanitary toilets may be used by listing them directly in 
the standard. The proposed rule also would require 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 would prohibit the use of privies.
    NIOSH has reviewed this regulatory action and concurs that the 
application for approval requirements can be removed without reducing 
protection for miners. NIOSH also agrees that the regulatory action 
would 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 proposed rule would eliminate the application requirement and 
its associated paperwork burden, and provide notice of which types of 
sanitary toilets may be used by listing them directly in the standard. 
The proposed rule also would require 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); would prohibit privies and combustion or 
incinerating toilets underground; and would remove 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 proposed rule, 
and has included its Preliminary Regulatory Economic Analysis (PREA) in 
this preamble. This proposed rule would not include any additional 
costs for the mining industry and would eliminate the costs associated 
with filing an application for approval. This proposed rule would not 
be 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 proposed rule would 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 proposed 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 proposed 
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 www.msha.gov.
Factual Basis for Certification.
    MSHA is issuing a proposed 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 
last four years is representative of future applications in the absence 
of this proposed rule. MSHA therefore estimates that, on average, in 
the absence of the proposed rule, portable toilet manufacturers would 
file 1.75 applications each year, and mine operators would 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

[[Page 19481]]

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 proposed rule would accrue to sanitary 
toilet manufacturers and mine operators because they would 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 would be $296 
annually. For the mine operator, cost savings would 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 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) x $1) = $ 2.28].
---------------------------------------------------------------------------

    \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 proposed rule would eliminate the application process and 
provide simple compliance information directly to the public, thus 
eliminating the annual cost burden.

V. Paperwork Reduction Act

    This proposed rule would not contain any 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 
would no longer be necessary and would be withdrawn.
    This proposed rule would 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 would be 14 
burden hours savings annually and associated annual burden costs 
savings of $294. For the 0.25 mine operators, there would 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 proposed rule would remove 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 proposed rule would have no adverse 
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 proposed rule would 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 
proposed rule would not significantly or uniquely affect these 
entities.

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

    This proposed rule would not be 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 proposed rule would not unduly burden the Federal court system. We 
wrote the proposed 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 proposed rule and have

[[Page 19482]]

determined that it would have no adverse effects on children.

F. Executive Order 13132: Federalism

    In accordance with Executive Order 13132, we have reviewed this 
proposed rule and have determined that it would 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 
proposed rule would 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 
proposed rule and have determined that it would have no effect on the 
production or price of coal. Consequently, it would have no significant 
adverse effect on the supply, distribution, or use of energy, and no 
reasonable alternatives to this action would be necessary.

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

    In accordance with Executive Order 13272, MSHA has thoroughly 
reviewed the proposed 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 proposed rule would not have a 
significant economic impact on a substantial number of small entities.

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.

    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]

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

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

    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]

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

    Authority: 30 U.S.C. 811.

    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. 03-9656 Filed 4-18-03; 8:45 am]
BILLING CODE 4510-43-P