37082 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations

sector of more than $100 million. MSHA the final rule to assess and take warning tag that states: ‘‘DO NOT is not aware of any State, local, or tribal appropriate account of its potential DISENGAGE UNDER LOAD,’’ or an government that either owns or operates impact on small businesses, small equivalent statement. underground coal mines. governmental jurisdictions, and small [FR Doc. 03–15700 Filed 6–20–03; 8:45 am] organizations. As discussed in section V B. Executive Order 12630 BILLING CODE 4510–43–P in this preamble, MSHA has determined (Governmental Actions and Interference that the final rule will not have a With Constitutionally Protected Property significant economic impact on a DEPARTMENT OF LABOR Rights) substantial number of small entities. The final rule is not subject to Mine Safety and Health Administration Executive Order 12630 because it does List of Subjects in 30 CFR Part 18 not involve implementation of a policy Mine Safety and Health, Underground 30 CFR Parts 71 and 75 with takings implications. mining. RIN 1219–AA98 (Phase 9) C. Executive Order 12988 (Civil Justice Dated: June 13, 2003. Reform) John R. Caylor, Standards for Sanitary in Coal Mines MSHA has reviewed Executive Order Deputy Assistant Secretary for Mine Safety and Health. 12988 and determined that the final rule AGENCY: Mine Safety and Health will not unduly burden the Federal ■ For the reasons set out in the preamble, Administration (MSHA), Labor. court system. The Agency wrote the and under the authority of the Federal ACTION: Final rule. final rule to provide a clear legal Mine Safety and Health Act of 1977, we standard for affected conduct and has are amending chapter I, subpart B, part SUMMARY: This final rule removes the reviewed it carefully to eliminate 18 of title 30 of the Code of Federal application requirement and associated drafting errors and ambiguities. Regulations as follows: paperwork burden for approval of sanitary toilets in underground and D. Executive Order 13045 (Health and PART 18—ELECTRIC MOTOR-DRIVEN surface coal mines. The final rule Safety Effect on Children) MINE EQUIPMENT AND provides notice to miners, miners’ In accordance with Executive Order ACCESSORIES representatives, mine operators, MSHA 13045, MSHA has evaluated the ■ 1. The authority citation for part 18 compliance specialists, and environmental health and safety effects continues to read as follows: manufacturers of which sanitary toilets of the final rule on children and has are approved without requiring Authority: 30 U.S.C. 957, 961. determined that it will have no adverse applications for approval. The rule has effects on children. Subpart B—[AMENDED] no substantive effect on the standards. The types of approved toilets E. Executive Order 13132 (Federalism) ■ 2. Paragraph (f) of § 18.41 is revised to are drawn from the American National MSHA has reviewed the final rule in read as follows: Standards Institute (ANSI) American accordance with Executive Order 13132 National Standard for Sanitation— regarding federalism and has § 18.41 Plug and receptacle-type Nonsewered Waste-Disposal Systems— determined that it will not have connectors. Minimum Requirements upon which federalism implications. * * * * * MSHA and the National Institute for (f) For a mobile battery-powered Occupational Safety and Health F. Executive Order 13175 (Consultation machine, a plug and receptacle-type (NIOSH) previously based approval of and Coordination with Indian Tribal connector will be acceptable in lieu of applications. Governments) an interlock provided: DATES: This final rule is effective July (1) The plug is padlocked to the MSHA certifies that the final rule will 23, 2003. not impose substantial direct receptacle and is held in place by a FOR FURTHER INFORMATION CONTACT: compliance costs on Indian tribal threaded ring or equivalent mechanical governments. fastening in addition to a padlock. A Marvin W. Nichols, Director; Office of connector within a padlocked enclosure Standards, Regulations, and Variances, G. Executive Order 13211 (Actions will be acceptable; or, MSHA; Phone: 202–693–9440; FAX: Concerning Regulations That (2) The plug is held in place by a 202–693–9441; E-mail: nichols- Significantly Affect Energy Supply, threaded ring or equivalent mechanical [email protected]. Distribution, or Use) fastening, in addition to the use of a SUPPLEMENTARY INFORMATION: In accordance with Executive Order device that is captive and requires a I. Purpose and Scope of Rulemaking 13211, MSHA has reviewed the final special tool to disengage and allow for rule and has determined that it will the separation of the connector. All The Office of Management and have no adverse effect on the connectors using this means of Budget’s (OMB’s) current approval for production or price of coal. compliance shall have a clearly visible §§ 71.500 and 75.1712–6 under control Consequently, it will have no significant warning tag that states: ‘‘DO NOT number 1219–0101 expires on adverse effect on the supply, DISENGAGE UNDER LOAD,’’ or an November 30, 2003. OMB approval was distribution, or use of energy, and no equivalent statement; or, contingent upon MSHA initiating reasonable alternatives to this action are (3) The plug is held in place by a rulemaking ‘‘to update and simplify this necessary. spring-loaded or other locking device, standard with the goal of eliminating that maintains constant pressure against unnecessary requirements and reducing H. Executive Order 13272 (Proper a threaded ring or equivalent the unnecessary burdens.’’ In response Consideration of Small Entities in mechanical fastening, to secure the plug to OMB concerns, MSHA published a Agency Rulemaking) from accidental separation. All direct final rule (68 FR 19347) and a In accordance with Executive Order connectors using this means of companion proposed rule (68 FR 19477) 13272, MSHA has thoroughly reviewed compliance shall have a clearly visible on April 21, 2003 to eliminate the

VerDate Jan<31>2003 14:26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations 37083

paperwork burden. The rule was during pre-shift and on-shift exams. Communication standard and Material restricted to the approval application And finally, electrical breakers and Safety Data Sheets, labeling requirement and did not address other ground fault monitoring systems should requirements, issuance of an Emergency aspects of MSHA’s standards for be required. Temporary Standard concerning sanitary facilities at coal mines. Sanitary MSHA has fully considered and sanitary toilets, and amendment of other facilities for surface work areas of rejected these suggestions. Under the sanitation standards not the subject of underground mines remain subject to approval application process replaced this rule. the provisions of 30 CFR 75.1712–3, by this rule, MSHA never imposed None of these comments addressed which is unchanged. requirements concerning the location the underlying premise or approach of and examination of toilets, or made the rule, or explained why eliminating II. Response to Significant Adverse approval contingent upon use of the application requirement would be Comments supplemental equipment. Consequently, ineffective or unacceptable without a As a result of comments received, the final rule retains the prohibition change. Consequently, these are not MSHA has withdrawn the direct final against combustion and incinerating significant adverse comments and no rule (68 FR 19347) by a document toilets in underground coal mines. changes to the final rule were publishing in the Federal Register on MSHA recognizes that further considered based upon these comments. June 20, 2003. MSHA received developments in waste-disposal significant adverse comments. As stated technology could preclude the need for III. Background. in the direct final rule: these supplemental requirements. A. Regulatory History. Technological developments will be A significant adverse comment is one that The United States Department of the explains (1) why the direct final rule is guided by the need to avoid the introduction of ignition sources Interior, Mining Enforcement and Safety inappropriate, including challenges to the Administration (MESA), MSHA’s rule’s underlying premise or approach, or (2) underground. Technological advances why the direct final rule will be ineffective in non-sewered waste disposal for predecessor, originally promulgated or unacceptable without a change. In underground coal mines should not be sanitation standards requiring approval determining whether a comment necessitates restricted by the broad categories of of sanitary toilets under the Federal withdrawal of this direct final rule, MSHA approved toilets in the final rule. Future Coal Mine Health and Safety Act of will consider whether it warrants a technology can be addressed in 1969. MESA promulgated 30 CFR substantive response in a notice and subsequent rulemaking. 75.1712–6 on November 20, 1970 (35 FR comment process. 17890) and 30 CFR 71.500 on March 28, Most comments addressed sanitation B. Elimination of Approval Process 1972 (37 FR 6368). MSHA retained issues that are outside the scope of this Comments opposed the elimination of these regulations under the authority of limited rule; however, MSHA has fully the MSHA and MSHA and NIOSH the Federal Mine Safety and Health Act considered and responded below to two approval processes for underground and of 1977, which became effective on issues that warrant a substantive surface coal mines, respectively. One of March 9, 1978. No substantive changes response. these comments stated that sanitary have been made to either provision toilets approved by MSHA are since they were promulgated. A. Use of Combustion or Incinerating ‘‘stamped’’ or ‘‘marked’’ as approved Under those standards, MSHA Toilets Underground upon completion of the application approved sanitary toilets for use in Section 75.1712–6(c) of the direct process. Although certain mine underground coal mines, and MSHA final rule specifically prohibited use of operators and manufacturers may have and the National Institute for combustion or incinerating toilets chosen to affix such labels, MSHA has Occupational Safety and Health underground. Certain comments never imposed such a requirement for (NIOSH) jointly approved sanitary challenged this prohibition. These sanitary toilets nor provided such toilets for use in surface coal mines. comments contend that electronic labels. MSHA and NIOSH based their approval incinerating toilets can be safely The approval criteria used by MSHA on criteria drawn from the American installed underground in areas where (underground) and MSHA and NIOSH National Standard Institute’s (ANSI’s) MSHA allows non-permissible electrical (surface) remains the same under the American National Standard for equipment. final rule. Under the final rule, the Sanitation—Nonsewered Waste- MSHA has fully considered this mining community will have notice of Disposal Systems—Minimum comment. Incineration, by definition, is the types of toilets which are permitted. Requirements. disposal by burning. MSHA has never This information will provide better This final rule removes the approved an application for this method protection by notifying miners, miners’ application requirement while retaining of waste disposal in an underground representatives, MSHA compliance the same criteria for the sanitary toilets coal mine. Although the ignition source specialists, mine operators, and permitted at coal mines. By stating is electric, and the toilets could be manufacturers of which types of toilets which sanitary toilets meet the located in areas where non-permissible are approved and by referring directly to standard, the rule eliminates the need electric equipment may be allowed the ANSI standard from which the for manufacturers or mine operators to underground, incineration involves criteria were drawn. The final rule does file an individual application for combustion of an organic compound not change any other sanitation approval. Removing the application and would introduce an ignition source. standards. For these reasons, we have requirements has no substantive effect The comments suggest that MSHA rejected these comments. on the sanitation standards. address the hazards of incinerator toilets underground in the following ways. The C. Other Comments. B. MSHA and MSHA/NIOSH Approved toilets should be located in ‘‘well rock- Other comments addressed sanitation Toilets Criteria. dusted’’ areas. Fire extinguishers should issues unrelated to the toilet application MSHA and NIOSH approval criteria be provided. The toilets should be approval process. The comments are drawn from the American National located in areas other than the return air include discussions of the biological Standard Institute’s (ANSI’s) American course. The toilets should be inspected hazards of , the Hazard National Standard for Sanitation—

VerDate Jan<31>2003 14:26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 37084 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations

Nonsewered Waste-Disposal Systems— privies are not approved for use at any required for surface mines, MSHA does Minimum Requirements, ANSI Z4.3– coal mine because sewage could seep not require a holder on 1987 (Reaffirmed 1995). MSHA and through the earth walls and contaminate unenclosed sanitary toilets underground NIOSH base the definitions for the ground water, earth walls could fail because it is impractical. various types of toilets and components under the harsh conditions at a coal C. Types of Approved Sanitary Toilets of the toilet facility on Section 2; the mine, and rain and run-off could flood general requirements for auxiliary the privy causing it to overflow and The following table contains excerpts features on Sections 3.7, 3.8, and 3.9; contaminate the mine. Combustion or from ANSI Z4.3–1987 (Reaffirmed 1995) and the specific design criteria on incinerating toilets are prohibited for the types of sanitary toilets approved Section 7. underground because they can create a for use in coal mines. Sanitary toilets Exceptions. Although a privy is listed fire hazard by introducing an ignition meeting these criteria are in compliance in ANSI Z4.3–1987 (Reaffirmed 1995), source. Although a toilet paper holder is with the standard.1

Definitions Types of toilet facilities (ANSI Z4.3 Section 2) (ANSI Z4.3 Section 7)

Vault Toilet

2.2.2 * * * A vault toilet facility is one wherein the waste is deposited 7.1.1. The vault-toilet tank shall be durable and corrosion-resistant and without flushing in a permanently installed, watertight, below-ground shall provide a minimum capacity of 378 L (100 gal) per seat. container. 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 struc- ture 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

2.2.3 * * * A sealed-bag toilet facility is one wherein the waste of each 7.2.1. All materials and fittings shall be corrosion resistant. user is deposited, without flushing, into a bag, generally plastic, 7.2.2. The bag shall be made of material of sufficient strength so as which is then sealed for later disposal. The structure housing a not to leak and, once sealed, so as to retain the waste until such sealed-bag-toilet facility may be permanent or portable. time as the bag is removed from the toilet for disposal.

Combustion or Incinerating Toilet

2.3 * * * A combustion- or incinerating-toilet facility is one wherein the 7.3.1. All external surfaces, including bowl and hopper, shall be easy to waste is deposited, with or without flushing, into a combustion cham- clean. ber, where it is incinerated. The structure housing a combustion- or 7.3.2. The residue of combustion or incineration shall be sterile and incinerating-toilet facility may be permanent or portable. inert. 7.3.3. The flue effluents shall 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 nonflush-toilet facility wherein 7.4.1. Waste containers shall be fabricated from nonabsorbent, water- the waste is deposited directly into a container containing a solution tight materials. of water and chemical. It may be housed in a permanent or portable 7.4.2. Portable chemical and biological toilets and that are free structure. standing and not installed in a toilet room do not require a ventilation 2.4 * * * A biological-toilet facility is one wherein the waste is depos- system. ited, with or without flushing, into a waste container integral to the 7.4.3. Chemicals or biological agents, if used in the waste container, toilet facility, where it is treated by means of biological agents or aer- shall be in accordance with applicable federal, state, and local provi- ation. sions.

1 MSHA prohibits the use of these toilets in underground coal mines, see § 75.1712–6(c).

VerDate Jan<31>2003 14:26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations 37085

Definitions Types of toilet facilities (ANSI Z4.3 Section 2) (ANSI Z4.3 Section 7)

Nonwater-

2.1.2 * * * A nonwater flush-toilet facility is one wherein the waste is 7.5.1. All materials such as bowl, piping, and fittings that are in contact flushed from the bowl and the bowl cleansed by a fluid other than with waste and chemicals shall be nonabsorbent and corrosion- water, with the fluid deposited in a container or receptacle, or treated resistant. and recirculated as in 2.1.1; such facilities include, but are not limited 7.5.2. Waste passages shall have smooth surfaces and shall be free of to, oil-flush-toilet facilities. obstructions, 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 one wherein the waste is car- 7.6.1. All materials such as bowl, piping, and fittings that are in contact ried from the bowl and the bowl cleansed by water, and the com- with waste and chemicals shall be nonabsorbent and corrosion- bined water and waste is deposited into a container or receptacle, or resistant. recirculated by a closed system for flushing purposes; such facilities 7.6.2. Waste passages shall have smooth surfaces and shall be free of include, but are not limited to, vacuum-toilet facilities. 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).

IV. Section-by-Section Discussion and combustion or incinerating toilets miners’ representatives and post it on The following discussion explains the are prohibited underground. the Agency’s Internet Home Page at http://www.msha.gov. final rule’s provisions. V. The Regulatory Flexibility Act, the A. 30 CFR 71.500 for Surface Coal Small Business Regulatory Enforcement Factual basis for certification Mines Fairness Act, and Executive Order MSHA is issuing a final rule 12866 Section 71.500 requires all surface amending 30 CFR parts 71 and 75, coal mine operators to provide at least In accordance with Executive Order concerning applications for approval of one approved sanitary toilet at a (E.O.) 12866, MSHA has analyzed the sanitary toilets. The Agency is location convenient to each surface estimated costs and benefits associated amending its regulations to state which work site and one additional approved with this final rule, and has included its sanitary toilets meet the standard in sanitary toilet for each 10 miners Regulatory Economic Analysis (REA) in order to eliminate the need for working at a location. Only those types this preamble. This final rule includes manufacturers or mine operators to file of toilets listed in this section are no additional costs for the mining an application for approval and to avoid approved. Sanitary toilets must have a industry and eliminates the costs the associated cost and paperwork toilet paper holder with an adequate associated with filing an application for burden. supply of toilet paper and a approval. This final rule is not an Manufacturers are the primary with a hinged lid, as is required in economically significant regulatory applicants for MSHA or MSHA/NIOSH Section 3 of ANSI Z4.3–1987 action under § 3(f)(1) of E.O. 12866. approval of sanitary toilets. In the last (Reaffirmed 1995). Use of privies is In accordance with § 605 of the four years, seven manufacturers of prohibited. Regulatory Flexibility Act (RFA), MSHA portable toilets filed applications to certifies that this final rule does not request approval of sanitary toilets. B. 30 CFR 75.1712–6 for Underground have a significant economic impact on During this same period, only one mine Coal Mines a substantial number of small entities. operator filed an application to request Section 75.1712–6 requires all Under the Small Business Regulatory approval of sanitary toilets. MSHA underground coal mine operators to Enforcement Fairness Act (SBREFA) expects that the number and provide and maintain one approved amendments to the RFA, the Agency distribution of applications over the sanitary toilet in a dry location under must include the factual basis for this past four years is representative of protected roof within 500 feet of each certification in the final rule. future applications in the absence of working place where miners regularly Accordingly, the Agency is publishing this final rule. MSHA estimates that, on work. Only those types of toilets listed the factual basis for its regulatory average, in the absence of the final rule, in this section are approved. Sanitary flexibility certification statement in the manufacturers will file toilets, except for unenclosed toilet Federal Register, as part of this 1.75 applications each year, and mine facilities provided in accordance with preamble, and is providing a copy to the operators will file 0.25 applications § 75.1712–6(b), must have a toilet paper Small Business Administration (SBA), each year. holder with an adequate supply of toilet Office of Advocacy. MSHA also will Traditionally, MSHA has considered a paper, and a toilet seat with a hinged mail a copy of the final rule, including small mine to be one with fewer than 20 lid, as is required in Section 3 of ANSI the preamble and certification employees. Based on MSHA’s Z4.3–1987 (Reaffirmed 1995). Privies statement, to coal mine operators and definition, the mine operator is

VerDate Jan<31>2003 14:26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 37086 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations

considered large in that it employs 20 or (0.25 application × 8 hours × $54.92 per application (0.25 applications × 0.1 hour more workers. The Small Business hour = $109.84). In addition, a clerical = 0.03 hour). The hourly wage rate for Administration (SBA) definition for a worker, earning $19.58 per hour, takes a mine supervisor is $54.92 ($54.92 × 2 small business in the mining industry is 0.1 hour to copy and mail an hours = $109.84). The hourly wage rate one with 500 or fewer employees. The application (0.25 application × $0.1 for a clerical worker is $19.58 ($19.58 × mine operator that filed the application hour × $19.58 per hour = $ 0.49). 0.03 hours = $0.58). is considered a small business by SBA’s Furthermore, MSHA estimates that, on This final rule removes this burden by definition in that it employs fewer than average, each application is two pages eliminating the application process and 500 workers. Based on SBA’s definition, long, photocopying costs are $0.15 per providing information directly to the manufacturers of portable toilets page, and postage is $1 [0.25 application public. (plastics), NAICS Code 326191 (SIC × ((2 pages × $0.15 per page) + $1) = Code 3088), are defined as small if they $0.33]. VII. Other Regulatory Considerations have fewer than 500 employees. All of This final rule eliminates the application process and provides simple A. The National Environmental Policy the portable toilet manufacturers are Act of 1969 small businesses, according to SBA, compliance information directly to the because each employs fewer than 500 public, thus eliminating the annual cost The National Environmental Policy workers.2 burden. Act (NEPA) (42 U.S.C. 4321 et seq.) Compliance Costs VI. Paperwork Reduction Act requires each Federal agency to consider This final rule contains no additional the environmental effects of its actions. Cost savings from this final rule This final rule has no environmental accrue to sanitary toilet manufacturers information collections subject to review by the Office of Management and impact because it has no substantive and mine operators because they will no effect on the existing standards. longer have to file an application for Budget (OMB) under the Paperwork approval of sanitary toilets. Cost savings Reduction Act. Consequently, the B. Unfunded Mandates Reform Act of from this rule are estimated at $407 information collection currently 1995 annually. The cost savings are based approved by OMB under control upon the elimination of the filing of an number 1219–0101 will no longer be We have determined, for purposes of average of 1.75 applications per year by necessary and will be withdrawn. § 202 of the Unfunded Mandates Reform manufacturers and 0.25 applications per This final rule will result in 16 annual Act of 1995, that this final rule does not year by mine operators. For the burden hour savings and associated include any Federal mandate that may manufacturers, cost savings will be $296 annual burden cost savings of $404 result in increased expenditures by annually. For mine operators, cost related to elimination of 2 applications state, local, or tribal governments in the savings will be $111 annually. annually for sanitary toilets. Of this aggregate of more than $100 million, or The annual cost savings of $296 for total, for the 1.75 portable toilet increased expenditures by the private manufacturers is derived in the manufacturers, there will be 14 burden sector of more than $100 million. We following manner. On average, a first- hours savings annually and associated also determined, for purposes of § 203, line supervisor at a toilet manufacturing annual burden costs savings of $294. that this final rule does not significantly facility, earning $20.82 per hour,3 takes For the 0.25 mine operators, there will or uniquely affect these entities. be 2 burden hours savings annually and 8 hours to prepare an application (1.75 C. Executive Order 12630: Government × × associated annual burden cost savings of applications 8 hours $20.82 per hour Actions and Interference With = $291.48). In addition, a clerical $110. The annual reduction of 14 burden Constitutionally Protected Property worker, earning $12.66 per hour,4 takes hours and the $294 annual burden costs Rights 0.1 hour to copy and mail an savings for the 1.75 portable sanitary application (1.75 applications × 0.1 hour This final rule is not subject to toilet manufacturers are derived in the × $12.66 per hour = $2.22). Executive Order 12630 because it does following manner. On average, a first- Furthermore, MSHA estimates that, on not involve implementation of a policy line supervisor at a toilet manufacturing average, each application is two pages with ‘‘takings’’ implications. facility, takes 8 hours to prepare an long, photocopying costs are $0.15 per application (1.75 applications × 8 hours D. Executive Order 12988: Civil Justice page, and postage is $1 [1.75 = 14 hours). In addition, a clerical Reform applications × ((2 pages × $0.15 per worker takes 0.1 hour (or 6 minutes) to page) + $1) = $ 2.28]. In accordance with Executive Order The annual cost savings of $111 for copy and mail an application (1.75 applications × 0.1 hour = 0.18 hours). 12988, we have determined that this the mine operator is derived in the final rule will not unduly burden the following manner. On average, a mine The hourly wage rate for a first-line supervisor at a portable toilet Federal court system. We wrote the final supervisor, earning $54.92 per hour, rule to provide a clear legal standard for takes 8 hours to prepare an application manufacturing facility is $20.82 ($20.82 × 14 burden hours = $291.48). The affected conduct and have reviewed it to hourly wage rate for a clerical worker eliminate drafting errors and 2 Small Business Administration, Small Business ambiguities. Size Standards Matched to North American (billing and posting clerks) is $12.66 Industry Classification System (NAICS), Effective ($12.66 × 0.18 burden hours = $2.28). E. Executive Order 13045: Protection of July 1, 2002. (http://www.sba.gov/size/ The annual reduction of 2 burden Children From Environmental Health sizetable.html). hours and the $110 annual burden costs 3 U.S. Department of Labor, Bureau of Labor Risks and Safety Risks Statistics, Career Guide to Industries—Chemicals savings for the 0.25 mines are derived Manufacturing, Except Drugs. (http://www.bls.gov/ in the following manner. On average, a In accordance with Executive Order oco/cgs/cgs008.htm). mine supervisor takes 8 hours to 13045, we have evaluated the 4 U.S. Department of Labor, Bureau of Labor prepare an application (0.25 environmental health and safety effects Statistics, Occupational Employment Statistics— × 2001 National Occupational Employment and Wage applications 8 hours = 2 hours). In of this final rule and have determined Estimates. (http://www.bls.gov/oes/2001/ addition, a clerical worker takes 0.1 that it has no adverse effects on oes433021.htm). hour (or 6 minutes) to copy and mail an children.

VerDate Jan<31>2003 14:26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules and Regulations 37087

F. Executive Order 13132: Federalism ■ 2. Section 71.500 is revised to read as ENVIRONMENTAL PROTECTION In accordance with Executive Order follows: AGENCY 13132, we have reviewed this final rule § 71.500 Sanitary toilet facilities at surface 40 CFR Part 9 and have determined that it does not work sites; installation requirements. have ‘‘federalism’’ implications. (a) Each operator of a surface coal [OPPT–2003–0002; FRL–7314–5] G. Executive Order 13175: Consultation mine shall provide and install at least OMB Approvals Under the Paperwork and Coordination With Indian Tribal one sanitary toilet in a location Reduction Act; Technical Amendment Governments convenient to each surface work site. A single sanitary toilet may serve two or AGENCY: Environmental Protection In accordance with Executive Order more surface work sites in the same Agency (EPA). 13175, we certify that this final rule surface mine where the sanitary toilet is ACTION: Final rule. does not impose substantial compliance convenient to each such work site. costs on Indian tribal governments. (b) Where 10 or more miners use such SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this H. Executive Order 13211: Actions toilet facilities, sufficient toilets shall be technical amendment updates the table Concerning Regulations That furnished to provide approximately one that lists the Office of Management and Significantly Affect Energy Supply, sanitary toilet for each 10 miners. Budget (OMB) control numbers issued Distribution, or Use (c) Sanitary toilets shall have an attached toilet seat with a hinged lid under the PRA for information In accordance with Executive Order and a toilet paper holder together with collection requirements contained in 13211, we have reviewed this final rule an adequate supply of toilet tissue. EPA’s regulations that are promulgated and have determined that it has no (d) Only flush or nonflush chemical in title 40 of the Code of Federal effect on the production or price of coal. or biological toilets, combustion or Regulations (CFR). This technical Consequently, it has no significant incinerating toilets, sealed bag toilets, amendment adds new approvals adverse effect on the supply, and vault toilets meet the requirements published in the Federal Register since distribution, or use of energy, and no of this section. Privies are prohibited. July 1, 2000, and removes expired and reasonable alternatives to this action are (Note to paragraph (d): Sanitary toilet terminated approvals. necessary. facilities for surface work areas of DATES: This rule is effective June 23, I. Executive Order 13272: Proper underground mines are subject to the 2003. Consideration of Small Entities in provisions of § 75.1712–3 of this FOR FURTHER INFORMATION CONTACT: Agency Rulemaking chapter.) Angela F. Hofmann, Director, Regulatory Coordination Staff, Office of In accordance with Executive Order PART 75—[AMENDED] Prevention, Pesticides and Toxic 13272, MSHA has thoroughly reviewed Substances (7101M), Environmental the final rule to assess and take ■ 3. The authority citation for part 75 Protection Agency, 1200 Pennsylvania appropriate account of its potential continues to read as follows: Ave., NW., Washington, DC 20460– impact on small businesses, small Authority: 30 U.S.C. 811. 0001; telephone number: (202) 564– governmental jurisdictions, and small 0258; e-mail address: organizations. As discussed previously ■ 4. Section 75.1712–6 is revised to read [email protected]. in this preamble, MSHA has determined as follows: that the final rule does not have a SUPPLEMENTARY INFORMATION: § 75.1712–6 Underground sanitary significant economic impact on a facilities; installation and maintenance. I. General Information substantial number of small entities. (a) Except as provided in § 75.1712– A. Does this Action Apply to Me? List of Subjects 7, each operator of an underground coal mine shall provide and maintain one This action is directed to the public 30 CFR Part 71 sanitary toilet in a dry location under in general. This action may, however, be Coal mines, Mine safety and health, protected roof, within 500 feet of each of interest to those persons who are Surface mining. working place in the mine where miners concerned about OMB approval for information collections required by EPA 30 CFR Part 75 are regularly employed during the mining cycle. A single sanitary toilet regulations. Since other entities may Coal mines, Mine safety and health, may serve two or more working places also be interested, the Agency has not Underground mining. in the same mine, if it is located within attempted to describe all the specific 500 feet of each such working place. entities that may be affected by this Dated: June 18, 2003. action. If you have any questions John R. Caylor, (b) Sanitary toilets shall have an attached toilet seat with a hinged lid regarding the applicability of this action Deputy Assistant Secretary of Labor for Mine to a particular entity, consult the person Safety and Health. and a toilet paper holder together with an adequate supply of toilet tissue, listed under FOR FURTHER INFORMATION ■ For the reasons set out in the preamble, except that a toilet paper holder is not CONTACT. and under the authority of the Federal required for an unenclosed toilet B. How Can I Get Copies of this Mine Safety and Health Act of 1977, facility. Document and Other Related MSHA is amending chapter I, parts 71 (c) Only flush or nonflush chemical or Information? and 75, of title 30 of the Code of Federal biological toilets, sealed bag toilets, and 1. Docket. EPA has established an Regulations as follows: vault toilets meet the requirements of official public docket for this action this section. Privies and combustion or PART 71—[AMENDED] under docket identification (ID) number incinerating toilets are prohibited OPPT–2003–0002. The official public ■ underground. 1. The authority citation for part 71 docket consists of the documents continues to read as follows: [FR Doc. 03–15813 Filed 6–20–03; 8:45 am] specifically referenced in this action, Authority: 30 U.S.C. 811, 951, 957. BILLING CODE 4510–43–P any public comments received, and

VerDate Jan<31>2003 14:26 Jun 20, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1