30 CFR § 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 §§71.400 through 71.402 for a period not to exceed 1 year if he determines
(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
(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 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 §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 33719, June 29, 1995]