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E-mail This PageMSHA Proposed Rule
Standards for Sanitary Toilets in Coal Mines [04/21/2003]
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Volume 68, Number 76, Page 19477-19482
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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 comments@msha.gov; 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: nichols-marvin@msha.gov.
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]]
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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 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.
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Sealed-Bag Toilet
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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.
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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 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.
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Nonwater-Flush Toilet
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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.
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[[Page 19480]]
Water-Flush Toilet
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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.
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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).
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\
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\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).
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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].
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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
).
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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 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
