Standards for Sanitary Toilets in Coal Mines
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Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Rules and Regulations 19347 that the direct final rule does not have § 56.14131 Seat belts for haulage trucks. ■ 6. Section 57.14131 is amended by a significant economic impact on a * * * * * revising paragraphs (c) and (d) to read as substantial number of small entities. (c) Seat belts required under this follows: section shall meet the requirements of List of Subjects SAE J386, ‘‘Operator Restraint System § 57.14131 Seat belts for surface haulage trucks. 30 CFR Part 56 for Off-Road Work Machines’’ (1985, 1993, or 1997), which are incorporated * * * * * Incorporation by reference, Mine (c) Seat belts required under this safety and health, Surface mining. by reference. (d) The incorporation by reference of section shall meet the requirements of 30 CFR Part 57 these publications is approved by the SAE J386, ‘‘Operator Restraint System Director of the Federal Register in for Off-Road Work Machines’’ (1985, Incorporation by reference, Mine 1993, or 1997), which are incorporated safety and health, Underground mining. accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these by reference. Dated: April 14, 2003. publications may be examined at any (d) The incorporation by reference of Dave D. Lauriski, Metal and Nonmetal Mine Safety and these publications is approved by the Assistant Secretary of Labor for Mine Safety Health District Office; at MSHA’s Office Director of the Federal Register in and Health. of Standards, Regulations, and accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these ■ For the reasons set out in the preamble, Variances, 1100 Wilson Boulevard, publications may be examined at any and under the authority of the Federal Room 2349, Arlington, Virginia 22209– Metal and Nonmetal Mine Safety and Mine Safety and Health Act of 1977, 3939; or at the Office of the Federal Health District Office; at MSHA’s Office MSHA is amending chapter I, parts 56 Register, 800 North Capitol Street, NW., of Standards, Regulations, and and 57 of title 30 of the Code of Federal Suite 700, Washington, DC. Copies may Variances, 1100 Wilson Boulevard, Regulations as follows: be purchased from the Society of Automotive Engineers, 400 Room 2349, Arlington, Virginia 22209– PART 56—[AMENDED] Commonwealth Drive, Warrendale, 3939; or at the Office of the Federal Pennsylvania 15096–0001. Register, 800 North Capitol Street, NW., ■ 1. The authority citation for part 56 Suite 700, Washington, DC. Copies may continues to read as follows: PART 57—[AMENDED] be purchased from the Society of Authority: 30 U.S.C. 811. Automotive Engineers, 400 ■ 4. The authority citation for part 57 Commonwealth Drive, Warrendale, ■ 2. Section 56.14130 is amended by continues to read as follows: Pennsylvania 15096–0001. revising paragraphs (h) and (j) to read as Authority: 30 U.S.C. 811. [FR Doc. 03–9657 Filed 4–18–03; 8:45 am] follows: ■ 5. Section 57.14130 is amended by BILLING CODE 4510–43–P § 56.14130 Roll-over protective structures revising paragraphs (h) and (j) to read as (ROPS) and seat belts. follows: * * * * * § 57.14130 Roll-over protective structures DEPARTMENT OF LABOR (h) Seat belts construction. Seat belts (ROPS) and seat belts for surface required under this section shall meet equipment. Mine Safety and Health Administration the requirement of SAE J386, ‘‘Operator * * * * * 30 CFR Parts 71 and 75 Restraint System for Off-Road Work (h) Seat belts construction. Seat belts Machines’’ (1985, 1993, or 1997), or required under this section shall meet RIN: 1219–AA98 (Phase 9) SAE J1194, ‘‘Roll-Over Protective the requirement of SAE J386, ‘‘Operator Structures (ROPS) for Wheeled Restraint System for Off-Road Work Standards for Sanitary Toilets in Coal Agricultural Tractors’’ (1983, 1989, Machines’’ (1985, 1993, or 1997), or Mines 1994, or 1999), as applicable, which are SAE J1194, ‘‘Roll-Over Protective AGENCY: Mine Safety and Health incorporated by reference. Structures (ROPS) for Wheeled Administration (MSHA), Labor. * * * * * Agricultural Tractors’’ (1983, 1989, ACTION: Direct final rule; request for (j) Publications. The incorporation by 1994, or 1999), as applicable, which are comments. reference of these publications is incorporated by reference. approved by the Director of the Federal * * * * * SUMMARY: MSHA is removing an Register in accordance with 5 U.S.C. (j) Publications. The incorporation by application and approval requirement 552(a) and 1 CFR part 51. Copies of reference of these publications is from existing mandatory standards. these publications may be examined at approved by the Director of the Federal Currently, MSHA must approve sanitary any Metal and Nonmetal Mine Safety Register in accordance with 5 U.S.C. toilets for use in underground coal and Health District Office; at MSHA’s 552(a) and 1 CFR part 51. Copies of mines, and MSHA and the National Office of Standards, Regulations, and these publications may be examined at Institute for Occupational Safety and Variances, 1100 Wilson Boulevard, any Metal and Nonmetal Mine Safety Health (NIOSH) must jointly approve Room 2349, Arlington, Virginia 22209– and Health District Office; at MSHA’s sanitary toilets for use in surface coal 3939; or at the Office of the Federal Office of Standards, Regulations, and mines. MSHA and NIOSH base their Register, 800 North Capitol Street, NW., Variances, 1100 Wilson Boulevard, approval on criteria drawn from the Suite 700, Washington, DC. Copies may Room 2349, Arlington, Virginia 22209– American National Standard Institute’s be purchased from the Society of 3939; or at the Office of the Federal (ANSI’s) American National Standard Automotive Engineers, 400 Register, 800 North Capitol Street, NW., for Sanitation—Nonsewered Waste- Commonwealth Drive, Warrendale, Suite 700, Washington, DC. Copies may Disposal Systems—Minimum Pennsylvania 15096–0001. be purchased from the Society of Requirements. MSHA is amending its ■ 3. Section 56.14131 is amended by Automotive Engineers, 400 regulations to state which sanitary revising paragraphs (c) and (d) to read as Commonwealth Drive, Warrendale, toilets meet the standard in order to follows: Pennsylvania 15096–0001. eliminate the need for an application for 19348 Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Rules and Regulations approval and its associated paperwork rule because we do not expect to receive MSHA requires that the application for burden. This action also directly any significant adverse comments. A approval contain— informs manufacturers, mine operators, significant adverse comment is one that Information about the unit and its miners, and miners’ representatives explains (1) why the direct final rule is manufacturer; about which sanitary toilets meet the inappropriate, including challenges to Instructions for operation and standard. Removing the application the rule’s underlying premise or maintenance; requirements has no substantive effect approach, or (2) why the direct final Technical or performance test data; on the sanitation standards. rule will be ineffective or unacceptable and DATES: This direct final rule is effective without a change. In determining Other information that may help in June 20, 2003 without further notice, whether a comment necessitates evaluating the unit’s practicality for use unless MSHA receives significant withdrawal of this direct final rule, in coal mining, such as information adverse comment by May 21, 2003. If MSHA will consider whether it about the appropriateness and MSHA receives such comment, the warrants a substantive response in a durability of the sanitary toilet for use Agency will publish a timely notice and comment process. underground. withdrawal of this direct final rule in Elsewhere in this issue of the Federal the Federal Register. Register, we are publishing a C. MSHA and MSHA/NIOSH Approval companion proposed rule under § 553 of ADDRESSES: Criteria Clearly identify comments the Administrative Procedure Act to as such and submit them either speed notice and comment rulemaking When reviewing the application for electronically to [email protected]; should we withdraw this direct final approval, MSHA and NIOSH review and by facsimile to 202–693–9441; or by rule. The companion proposed rule and evaluate the sanitary features of each regular mail or hand delivery to MSHA, this direct final rule are substantively toilet for the use intended. Currently, Office of Standards, Regulations, and identical. All interested parties should MSHA and NIOSH use portions of the Variances, 1100 Wilson Blvd., Room comment by May 21, 2003 because we American National Standard Institute’s 2313, Arlington, Virginia 22209–3939. will not initiate an additional comment (ANSI’s) American National Standard Comments are posted for public viewing period. for Sanitation—Nonsewered Waste- at http://www.msha.gov/ Disposal Systems—Minimum II. Background Discussion of Existing currentcomments.htm. Requirements, ANSI Z4.3–1987 Standards FOR FURTHER INFORMATION CONTACT: (Reaffirmed 1995), as the criteria for Marvin W. Nichols, Director; Office of A. Regulatory History evaluating these sanitary features. At a Standards, Regulations, and Variances, MSHA originally promulgated minimum, MSHA and NIOSH use the MSHA; Phone: 202–693–9442; FAX: sanitation standards under the Federal definitions for the various types of 202–693–9441; E-mail: nichols Coal Mine Health and Safety Act of toilets and components of the toilet [email protected]. 1969. The Mining Enforcement and facility in Section 2; the general requirements for auxiliary features in SUPPLEMENTARY INFORMATION: Safety Administration (MESA), MSHA’s predecessor, promulgated 30 CFR Sections 3.7, 3.8, and 3.9; and the I. Introduction. 75.1712–6 on November 20, 1970 (35 FR specific design criteria in Section 7. The Office of Management and 17890) and 30 CFR 71.500 on March 28, Exceptions. Although a privy is listed Budget’s (OMB’s) current approval for 1972 (37 FR 6368). No substantive in ANSI Z4.3–1987 (Reaffirmed 1995), §§ 71.500 and 75.1712–6 under control changes have been made to either MSHA does not approve the use of a number 1219–0101 expires on provision since that time.