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[Federal Register: April 21, 2003 (Volume 68, Number 76)]
[Proposed Rules]
[Page 19477-19482]

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.

DATES: Submit comments by May 21, 2003.

ADDRESSES: Clearly identify comments as such and submit them either electronically to zzMSHA-Comments@dol.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.asp.

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@dol.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-- 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.
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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
------------------------------------------------------------------------
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
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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.
----------------------------------------
                    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.
----------------------------------------


                           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 http://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 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 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]

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