[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR71.403]

[Page 436-437]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES--Table of Contents
 
Subpart E--Surface Bathing Facilities, Change Rooms, and Sanitary Flush 
                 Toilet Facilities at Surface Coal Mines
 
Sec. 71.403  Waiver of surface facilities requirements; posting of waiver.

    (a) The Coal Mine Health and Safety District Manager for the 
district in which the mine is located, after consultation with the 
appropriate Regional Program Director, National Institute for 
Occupational Safety and Health, may, upon written application by the 
operator, and after consideration of any comments filed within 30 days 
after receipt of the application, waive any or all of the requirements 
for Secs. 71.400 through 71.402 for a period not to exceed 1 year if he 
determines that--
    (1) The operator is providing or making available, under 
arrangements with one or more third parties, facilities which are at 
least equivalent to those required by the standards, or
    (2) It is impractical for the operator to meet the requirement(s) or 
provide the facility (facilities) for which the waiver is sought.
    (b) The waiver shall be in writing and shall set forth the 
requirement(s) which the operator will not be required to meet or the 
facilities which the operator will not be required to provide

[[Page 437]]

and the specific reason or reasons for such waiver.
    (c) Upon receipt of any waiver, the operator shall post a copy of 
the waiver for at least 30 days on the mine bulletin board required by 
section 107(a) of the Act.
    (d) An extension of the waiver at the end of 1 year may be sought by 
the operator by filing an application pursuant to Sec. 71.404 no later 
than 30 days nor more than 60 days prior to the expiration date of the 
waiver.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[37 FR 6368, Mar. 28, 1972, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33723, June 29, 1995]