[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Rules and Regulations]
[Pages 68078-68079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25891]



[[Page 68078]]

=======================================================================
-----------------------------------------------------------------------

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 high-voltage 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 <a href="/cdn-cgi/l/email-protection#27494e444f484b54094a4655514e496743484b09404851"><span class="__cf_email__" data-cfemail="67090e040f080b14490a0615110e092703080b49000811">[email protected]</span></a> (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 high-voltage 
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.

0
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

0
1. The authority citation for Part 18 continues to read as follows:

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

0
2. Section 18.53 is amended by revising the formulas in paragraphs 
(o)(1)(i) and (o)(1)(ii) to read as follows:


Sec.  18.53  High-voltage longwall mining systems.

* * * * *
    (o) * * *
    (1)(i) Steel Wall/Cover:
    [GRAPHIC] [TIFF OMITTED] TR23NO04.000
    
    [GRAPHIC] [TIFF OMITTED] TR23NO04.001
    

[[Page 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>