[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Pages 37082-37087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15813]
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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: Final rule.
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SUMMARY: This final rule removes the application requirement and
associated paperwork burden for approval of sanitary toilets in
underground and surface coal mines. The final rule provides notice to
miners, miners' representatives, mine operators, MSHA compliance
specialists, and manufacturers of which sanitary toilets are approved
without requiring applications for approval. The rule has no
substantive effect on the sanitation standards. The types of approved
toilets are drawn from the American National Standards Institute (ANSI)
American National Standard for Sanitation--Nonsewered Waste-Disposal
Systems--Minimum Requirements upon which MSHA and the National
Institute for Occupational Safety and Health (NIOSH) previously based
approval of applications.
DATES: This final rule is effective July 23, 2003.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Director; Office of
Standards, Regulations, and Variances, MSHA; Phone: 202-693-9440; FAX:
202-693-9441; E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Purpose and Scope of Rulemaking
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 upon 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 published a direct final
rule (68 FR 19347) and a companion proposed rule (68 FR 19477) on April
21, 2003 to eliminate the
[[Page 37083]]
paperwork burden. The rule was restricted to the approval application
requirement and did not address other aspects 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.
II. Response to Significant Adverse Comments
As a result of comments received, MSHA has withdrawn the direct
final rule (68 FR 19347) by a document publishing in the Federal
Register on June 20, 2003. MSHA received significant adverse comments.
As stated in the direct final rule:
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.
Most comments addressed sanitation issues that are outside the
scope of this limited rule; however, MSHA has fully considered and
responded below to two issues that warrant a substantive response.
A. Use of Combustion or Incinerating Toilets Underground
Section 75.1712-6(c) of the direct final rule specifically
prohibited use of combustion or incinerating toilets underground.
Certain comments challenged this prohibition. These comments contend
that electronic incinerating toilets can be safely installed
underground in areas where MSHA allows non-permissible electrical
equipment.
MSHA has fully considered this comment. Incineration, by
definition, is disposal by burning. MSHA has never approved an
application for this method of waste disposal in an underground coal
mine. Although the ignition source is electric, and the toilets could
be located in areas where non-permissible electric equipment may be
allowed underground, incineration involves combustion of an organic
compound and would introduce an ignition source.
The comments suggest that MSHA address the hazards of incinerator
toilets underground in the following ways. The toilets should be
located in ``well rock-dusted'' areas. Fire extinguishers should be
provided. The toilets should be located in areas other than the return
air course. The toilets should be inspected during pre-shift and on-
shift exams. And finally, electrical breakers and ground fault
monitoring systems should be required.
MSHA has fully considered and rejected these suggestions. Under the
approval application process replaced by this rule, MSHA never imposed
requirements concerning the location and examination of toilets, or
made approval contingent upon use of supplemental equipment.
Consequently, the final rule retains the prohibition against combustion
and incinerating toilets in underground coal mines.
MSHA recognizes that further developments in waste-disposal
technology could preclude the need for these supplemental requirements.
Technological developments will be guided by the need to avoid the
introduction of ignition sources underground. Technological advances in
non-sewered waste disposal for underground coal mines should not be
restricted by the broad categories of approved toilets in the final
rule. Future technology can be addressed in subsequent rulemaking.
B. Elimination of Approval Process
Comments opposed the elimination of the MSHA and MSHA and NIOSH
approval processes for underground and surface coal mines,
respectively. One of these comments stated that sanitary toilets
approved by MSHA are ``stamped'' or ``marked'' as approved upon
completion of the application process. Although certain mine operators
and manufacturers may have chosen to affix such labels, MSHA has never
imposed such a requirement for sanitary toilets nor provided such
labels.
The approval criteria used by MSHA (underground) and MSHA and NIOSH
(surface) remains the same under the final rule. Under the final rule,
the mining community will have notice of the types of toilets which are
permitted. This information will provide better protection by notifying
miners, miners' representatives, MSHA compliance specialists, mine
operators, and manufacturers of which types of toilets are approved and
by referring directly to the ANSI standard from which the criteria were
drawn. The final rule does not change any other sanitation standards.
For these reasons, we have rejected these comments.
C. Other Comments.
Other comments addressed sanitation issues unrelated to the toilet
application approval process. The comments include discussions of the
biological hazards of human feces, the Hazard Communication standard
and Material Safety Data Sheets, labeling requirements, issuance of an
Emergency Temporary Standard concerning sanitary toilets, and amendment
of other sanitation standards not the subject of this rule.
None of these comments addressed the underlying premise or approach
of the rule, or explained why eliminating the application requirement
would be ineffective or unacceptable without a change. Consequently,
these are not significant adverse comments and no changes to the final
rule were considered based upon these comments.
III. Background.
A. Regulatory History.
The United States Department of the Interior, Mining Enforcement
and Safety Administration (MESA), MSHA's predecessor, originally
promulgated sanitation standards requiring approval of sanitary toilets
under the Federal Coal Mine Health and Safety Act of 1969. MESA
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). MSHA retained these
regulations under the authority of the Federal Mine Safety and Health
Act of 1977, which became effective on March 9, 1978. No substantive
changes have been made to either provision since they were promulgated.
Under those standards, MSHA approved sanitary toilets for use in
underground coal mines, and MSHA and the National Institute for
Occupational Safety and Health (NIOSH) jointly approved sanitary
toilets for use in surface coal mines. MSHA and NIOSH based 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.
This final rule removes the application requirement while retaining
the same criteria for the sanitary toilets permitted at coal mines. By
stating which sanitary toilets meet the standard, the rule eliminates
the need for manufacturers or mine operators to file an individual
application for approval. Removing the application requirements has no
substantive effect on the sanitation standards.
B. MSHA and MSHA/NIOSH Approved Toilets Criteria.
MSHA and NIOSH approval criteria are drawn from the American
National Standard Institute's (ANSI's) American National Standard for
Sanitation--
[[Page 37084]]
Nonsewered Waste-Disposal Systems--Minimum Requirements, ANSI Z4.3-1987
(Reaffirmed 1995). MSHA and NIOSH base the definitions for the various
types of toilets and components of the toilet facility on Section 2;
the general requirements for auxiliary features on Sections 3.7, 3.8,
and 3.9; and the specific design criteria on Section 7.
Exceptions. Although a privy is listed in ANSI Z4.3-1987
(Reaffirmed 1995), privies are not approved for use 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. Combustion or incinerating toilets
are prohibited underground because they can create a fire hazard by
introducing an ignition source. Although a toilet paper holder is
required for surface mines, MSHA does not require a toilet paper holder
on unenclosed sanitary toilets underground because it is impractical.
C. Types of Approved Sanitary Toilets
The following table contains excerpts from ANSI Z4.3-1987
(Reaffirmed 1995) for the types of sanitary toilets approved for use in
coal mines. Sanitary toilets meeting these criteria are in compliance
with the standard.\1\
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\1\ MSHA prohibits the use of these toilets in underground coal
mines, see Sec. 75.1712-6(c).
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Types of toilet facilities
Definitions (ANSI Z4.3 Section 2) (ANSI Z4.3 Section 7)
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Vault Toilet
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2.2.2 * * * A vault toilet facility is 7.1.1. The vault-toilet tank
one wherein the waste is deposited shall be durable and corrosion-
without flushing in a permanently resistant and shall provide a
installed, watertight, below-ground minimum capacity of 378 L (100
container. 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.
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Sealed-Bag Toilet
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2.2.3 * * * A sealed-bag toilet 7.2.1. All materials and
facility is one wherein the waste of fittings shall be corrosion
each user is deposited, without resistant.
flushing, into a bag, generally 7.2.2. The bag shall be made of
plastic, which is then sealed for material of sufficient
later disposal. The structure housing strength so as not to leak
a sealed-bag-toilet facility may be and, once sealed, so as to
permanent or portable. retain the waste until such
time as the bag is removed
from the toilet for disposal.
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Combustion or Incinerating Toilet
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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.
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Chemical Toilet and Biological Toilet
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2.2.1 * * * A chemical-toilet facility 7.4.1. Waste containers shall
is a nonflush-toilet facility wherein be fabricated from
the 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 that are free standing and not
is 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.
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[[Page 37085]]
Nonwater-Flush Toilet
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2.1.2 * * * A nonwater flush-toilet 7.5.1. All materials such as
facility is one wherein the waste is bowl, piping, and fittings
flushed from the bowl and the bowl that are in contact with waste
cleansed by a fluid other than water, and chemicals shall be
with the fluid deposited in a nonabsorbent and corrosion-
container or receptacle, or treated resistant.
and 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.
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Water-Flush Toilet
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2.1.1 * * * A water-flush-toilet 7.6.1. All materials such as
facility is one wherein the waste is bowl, piping, and fittings
carried from the bowl and the bowl that are in contact with waste
cleansed by water, and the combined and chemicals shall be
water and waste is deposited into a nonabsorbent and corrosion-
container or receptacle, or resistant.
recirculated by a closed system for 7.6.2. Waste passages shall
flushing purposes; such facilities have smooth surfaces and shall
include, but are not limited to, be free of obstructions,
vacuum-toilet facilities. 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.
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Source: American National Standard Institute (ANSI), American National
Standard for Sanitation--Nonsewered Waste-Disposal Systems--Minimum
Requirements, (ANSI Z4.3-1987) (Reaffirmed 1995).
IV. Section-by-Section Discussion
The following discussion explains the final rule's provisions.
A. 30 CFR 71.500 for Surface Coal Mines
Section 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. Only those types of toilets listed in
this section are approved. Sanitary toilets must 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). Use of privies is prohibited.
B. 30 CFR 75.1712-6 for Underground Coal Mines
Section 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. Only those types of toilets listed in this section are
approved. Sanitary toilets, except for unenclosed toilet facilities
provided in accordance with Sec. 75.1712-6(b), must 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). Privies and combustion or incinerating toilets are
prohibited underground.
V. 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 final rule, and
has included its Regulatory Economic Analysis (REA) in this preamble.
This final rule includes no additional costs for the mining industry
and eliminates the costs associated with filing an application for
approval. This 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 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 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 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 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 manufacturers or mine
operators 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 final rule. MSHA estimates that, on average, in the absence of
the 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
[[Page 37086]]
considered large in that 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.\2\
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\2\ 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).
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Compliance Costs
Cost savings from this 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 mine operators, 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,\3\ 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,\4\
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) + $1) = $ 2.28].
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\3\ 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).
\4\ 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).
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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 final rule eliminates the application process and provides
simple compliance information directly to the public, thus eliminating
the annual cost burden.
VI. Paperwork Reduction Act
This 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 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 final rule removes this burden by eliminating the application
process and providing information directly to the public.
VII. 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 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 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
final rule does not significantly or uniquely affect these entities.
C. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This final rule is not subject to Executive Order 12630 because it
does 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 final rule will not unduly burden the Federal court system. We
wrote the 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 final rule and have
determined that it has no adverse effects on children.
[[Page 37087]]
F. Executive Order 13132: Federalism
In accordance with Executive Order 13132, we have reviewed this
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
final rule does not impose substantial 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
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 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 final rule does 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: June 18, 2003.
John R. Caylor,
Deputy Assistant Secretary of Labor 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 paragraph (d): 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. 03-15813 Filed 6-20-03; 8:45 am]
BILLING CODE 4510-43-P