68078 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

30 CFR Part 18 

RIN 1219–AA75 

Electric Motor-Driven Mine Equipment 

and Accessories and High-Voltage 

Longwall Equipment Standards for 

Underground Coal Mines

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor.

ACTION: Final rule, corrections.

SUMMARY: This document contains two 

technical corrections to the final rule 

published in the Federal Register on 

March 11, 2002 (67 FR 10972). The final 

rule mandated electrical safety 

standards for the installation, use, and 

maintenance of high-voltage longwall 

mining systems used in underground 

coal mines. The final rule also included 

design approval requirements for highvoltage equipment operated in longwall 

face areas of underground mines. These 

provisions allow the use of high-voltage 

longwall face equipment with enhanced 

safety protection from fire, explosion, 

and shock hazards. The formula in 

paragraph 18.53(o)(1) contained two 

typographical errors. This document 

corrects those errors.

EFFECTIVE DATE: These corrections are 

effective November 23, 2004.

FOR FURTHER INFORMATION CONTACT:

Marvin W. Nichols, Jr., Director, Office 

of Standards, Regulations, and 

Variances, MSHA, 1100 Wilson 

Boulevard, Room 2350, Arlington, 

Virginia 22209–3939. Mr. Nichols can 

be reached at nichols.marvin@dol.gov

(Internet E-mail), (202) 693–9440 

(voice), or (202) 693–9441 (facsimile). 

You may obtain copies of this correction 

notice in a large print format by calling 

(202) 693–9440. The document also is 

available on the Internet at http://

www.msha.gov/REGSFINL.HTM.

SUPPLEMENTARY INFORMATION: MSHA 

published a final rule in the Federal 

Register on March 11, 2002 (67 FR 

10972) that mandated electrical safety 

standards for the installation, use, and 

maintenance of high-voltage longwall 

mining systems used in underground 

coal mines. The final rule also included 

design approval requirements for highvoltage equipment operated in longwall 

face areas of underground mines. These 

provisions allow the use of high-voltage 

longwall face equipment with enhanced 

safety protection from fire, explosion, 

and shock hazards.

These technical corrections are to two 

typographical errors contained in the 

formula in paragraphs 18.53(o)(1)(i) and 

(ii) found at the top of page 11001 (67 

FR). The second closed parenthesis 

should be placed after the (C) and not 

the (t) in the numerator of paragraphs 

(o)(1)(i) and (o)(1)(ii). Discussion of the 

formula requirements can be found in 

the final rule for Electric Motor-Driven 

Mine Equipment and Accessories and 

High-Voltage Longwall Equipment 

Standards for Underground Coal Mines; 

Final Rule (67 FR 10972, 10979). That 

rule can be found on MSHA’s Web site 

at: http://www.msha.gov/REGS/

FEDREG/FINAL/2002finl/02-4863.pdf.

Procedural Requirements 

Correcting these inadvertent errors in 

the final rule is not an action to which 

the procedural requirements of 5 U.S.C. 

553, or the various statutes and 

executive orders relating to rulemaking, 

apply. However, if these corrections 

were deemed a rule, 5 U.S.C. 553(b)(B) 

permits an agency to issue a final rule 

without notice and comment procedures 

when it finds that notice and comment 

procedures would be impracticable, 

unnecessary, and contrary to the public 

interest. MSHA finds that providing 

notice and comment procedures on this 

action is unnecessary and contrary to 

the public interest. MSHA is merely 

correcting typographical errors to a 

formula. Without these corrections, the 

formula is unusable as codified. Further, 

the public was advised of MSHA’s 

intention regarding the formula in 

paragraph 18.53(o)(1) in the preamble to 

the final rule and this action does not 

change that intention. Consequently, 

MSHA finds good cause not to provide 

notice and comment procedures for this 

action. 

In addition, 5 U.S.C. 553(d)(3) allows 

an agency, upon a finding of good cause, 

to make a rule effective immediately. 

Because MSHA is only correcting 

typographical errors in the formula and 

these changes do not add any 

requirements necessitating additional 

time for compliance, MSHA finds good 

cause to make this action effective 

immediately. 

The final rule published on March 11, 

2002, contained information collection 

provisions that require an OMB Control 

Number. OMB has approved the 

information collection requirements and 

assigned OMB Control Number 1219–

0065 to the information collection 

requirements of the final rule. This 

notice does not change these 

requirements. These corrections contain 

no additional information collection 

requirements. 

In addition, this action is not a 

‘‘significant regulatory action’’ within 

the meaning of Executive Order 12866. 

Furthermore, this action is not a ‘‘major 

rule’’ within the meaning of the Small 

Business Regulatory Enforcement Act, 

or an ‘‘unfunded mandate’’ within the 

meaning of Title II of the Unfunded 

Mandates Reform Act of 1995. Finally, 

the action will not have Federalism 

implications within the meaning of 

Executive Order 13132, and a regulatory 

flexibility analysis is not required by the 

Regulatory Flexibility Act.

List of Subjects in 30 CFR Part 18 

Electric Motor Driven Mine 

Equipment and Accessories.

■ For the reasons set out in the preamble, 

chapter I of title 30 of the Code of Federal 

Regulations is amended as follows:

PART 18—ELECTRIC MOTOR DRIVEN 

MINE EQUIPMENT AND 

ACCESSORIES

■ 1. The authority citation for Part 18 

continues to read as follows:

Authority: 30 U.S.C. 957 and 961.

■ 2. Section 18.53 is amended by 

revising the formulas in paragraphs 

(o)(1)(i) and (o)(1)(ii) to read as follows:

§ 18.53 High-voltage longwall mining 

systems.

* * * * *

(o) * * * 

(1)(i) Steel Wall/Cover:

MFD

C

d

= ×

+ − − 2 296 10 35 105

2

6 . ( )

( ) (C)) (I (t) (d) sc

MFD

C

d

= ×

+ − − 1 032 10 35 105

2

5 . ( )

( ) (C)) (I (t) (d) sc


ER23NO04.000</GPH> ER23NO04.001</GPH>
Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68079

* * * * *

Signed at Arlington, VA, this 17th day of 

November 2004. 

David D. Lauriski, 

Assistant Secretary for Mine Safety and 

Health.

[FR Doc. 04–25891 Filed 11–22–04; 8:45 am] 

BILLING CODE 4510–43–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–04–144] 

Drawbridge Operation Regulations: 

Hackensack River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations and request for 

comment. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations to test an alternate 

drawbridge operation regulation for the 

AMTRAK Portal Bridge, mile 5.0, across 

the Hackensack River at Little Snake 

Hill, New Jersey. Under this temporary 

90-day deviation the two time periods 

in the morning and afternoon, Monday 

through Friday, when the bridge may 

remain closed to vessel traffic, will be 

expanded. The purpose of this 

temporary deviation is to test an 

alternate drawbridge operation schedule 

for 90 days and solicit comment from 

the public.

DATES: This deviation is effective from 

December 13, 2004 through March 12, 

2005. Comments must reach the Coast 

Guard on or before April 12, 2005.

ADDRESSES: You may mail comments to 

Commander (obr), First Coast Guard 

District Bridge Branch, One South 

Street, Battery Park Building, New York, 

New York, 10004, or deliver them to the 

same address between 7 a.m. and 3 

p.m., Monday through Friday, except, 

Federal holidays. The telephone number 

is (212) 668–7165. The First Coast 

Guard District, Bridge Branch, 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch, 7 a.m. to 3 p.m., Monday 

through Friday, except Federal holidays. 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments or related material. If you do 

so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD01–04–144), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know if they reached us, please 

enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this rule in view of them.

FOR FURTHER INFORMATION CONTACT: Joe 

Arca, Project Officer, First Coast Guard 

District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The 

AMTRAK Portal Bridge has a vertical 

clearance in the closed position of 23 

feet at mean high water and 28 feet at 

mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR § 117.723(c). 

The bridge owner, National Railroad 

Passenger Corporation (AMTRAK) 

requested a temporary deviation from 

the drawbridge operation regulations to 

test for a period of 90 days, an alternate 

drawbridge operation schedule. This 

temporary 90-day deviation will expand 

the two time periods in the morning and 

afternoon Monday through Friday when 

the bridge may remain closed to vessel 

traffic. 

Rail traffic during the morning and 

afternoon commuter periods have 

increased. Additionally, bridge 

openings during the two commuter time 

periods have caused delays to rail traffic 

prompting the bridge owner to request 

the expansion of the bridge closure 

periods during week days. 

The existing drawbridge operation 

regulations allow the bridge to remain 

closed to vessel traffic, Monday through 

Friday, from 7:20 a.m. to 9:20 a.m. and 

from 4:30 p.m. to 6:50 p.m., daily. 

Under this 90-day temporary 

deviation, effective from December 13, 

2004 through March 12, 2005, the 

AMTRAK Portal Bridge need not open 

for vessel traffic, Monday through 

Friday, from 6 a.m. to 10 a.m. and from 

4 p.m. to 8 p.m., daily. 

Additional bridge openings shall be 

provided for commercial vessels from 6 

a.m. to 7:20 a.m., from 9:20 a.m. to 10 

a.m., from 4 p.m. to 4:30 p.m. and from 

6:50 p.m. to 8 p.m., if at least a one-hour 

advance notice is given by calling the 

number posted at the bridge. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.43.

Dated: November 9, 2004. 

John L. Grenier, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District.

[FR Doc. 04–25966 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–04–145] 

Drawbridge Operation Regulations: 

Newtown Creek, Dutch Kills, English 

Kills, and Their Tributaries, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Metropolitan Avenue 

Bridge, mile 3.4, across English Kills at 

New York City, New York. Under this 

temporary deviation the bridge may 

remain closed from 6 a.m. to midnight 

on the following days: December 6 

through December 8; December 15 

through December 17; and December 20 

through December 22, 2004. The 

temporary deviation is necessary to 

facilitate bridge maintenance.

DATES: This deviation is effective from 

December 6, 2004 through December 22, 

2004.

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195.

SUPPLEMENTARY INFORMATION: The 

Metropolitan Avenue Bridge has a 

vertical clearance in the closed position 

of 10 feet at mean high water and 15 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.801(e). 

The owner of the bridge, New York 

City Department of Transportation 

(NYCDOT), requested a temporary 

deviation from the drawbridge operation 

regulations to facilitate rehabilitation 

repairs at the bridge. The bridge must 

remain in the closed position to perform 

these repairs. 

Under this temporary deviation the 

NYCDOT Metropolitan Avenue Bridge 

may remain in the closed position from 

6 a.m. through midnight on the 

following days: December 6 through 

December 8; December 15 through