27864 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

1The effective date for this final rule was delayed

in a document published in the Federal Register on

March 15, 2001 (66 FR 15033).

intervened in the Anglogold case. The

parties to the litigation have begun

settlement negotiations, and the

Department is hopeful that, within the

next 45 days, agreement will be reached

on many of the issues in dispute.

I. Delayed Effective Dates

To the extent that 5 U.S.C. 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C.

553(b)(A). The delay of the effective

date of the rule is effective immediately

upon publication of this notice in the

Federal Register. Publication of this

notice without the opportunity for

public comment is based on the good

cause exceptions in 5 U.S.C. 553(b)(B)

and 553(d)(3), in that seeking public

comment is impracticable, unnecessary

and contrary to the public interest. The

45-day delay of the effective dates is

necessary to give the parties an

opportunity to engage in negotiations to

settle the legal challenges to the rule.

Given the imminence of the effective

date, seeking prior public comment on

this delay is impractical, as well as

contrary to the public interest in the

orderly promulgation and

implementation of regulations. See also,

5 U.S.C. 705 (‘‘When an agency finds

that justice so requires, it may postpone

the effective date of action taken by it,

pending judicial review’’).

II. Revisions to the Regulatory Text of

the Final Rule Addressing Diesel

Particulate Matter Exposure of

Underground Metal and Nonmetal

Miners

List of Subjects in 30 CFR Parts 57

Diesel particulate matter, Metal and

Nonmetal, Mine Safety and Health,

Underground mines.

The final rule published on January

19, 2001 (66 FR 5526) is amended as

follows:

PART 57—[AMENDED]

1. The authority citation for part 57

continues to read as follows:

Authority: 30 U.S.C. 811, 957, 961.

§ 57.5067 [Amended]

2. In § 57.5067, paragraph (a) is

amended by removing the date ‘‘March

20, 2001’’ and adding in its place ‘‘July

5, 2001.’’

Note: This amendment supersedes the

amendment to § 57.5067(a) published on

March 15, 2001 at 66 FR 15033.)

Signed at Arlington, VA, this 16th day of

May, 2001.

David D. Lauriski,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 01–12767 Filed 5–18–01; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 72

RIN 1219–AA74

Diesel Particulate Matter Exposure of

Underground Coal Miners; Corrections

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Final rule; corrections and

notice of information collection

approval.

SUMMARY: This document contains

corrections to the final rule published in

the Federal Register on January 19,

2001, which addresses the exposure of

underground coal miners to diesel

particulate matter (dpm) (66 FR 5526).1

As discussed in the preamble to the

final rule, § 72.500 requires that all

permissible equipment emit no more

than 2.5 grams of dpm per hour. For

nonpermissible, heavy-duty dieselpowered equipment, generators and

compressors, § 72.501 specifies an

interim limit of 5.0 grams of dpm per

hour, and a final limit of 2.5 grams of

dpm per hour. Similarly, § 72.502

specifies that nonpermissible light-duty

equipment other than generators and

compressors must emit no more than 5.0

grams of dpm per hour. Although the

preamble discussion of these provisions

made MSHA’s intentions clear as to the

emissions limits established in the final

regulation, the preamble and the

codified text of the final rule contained

grammatical errors. Therefore, this

correction document is necessary. These

corrections are effective on May 21,

2001, the effective date of the final rule.

This document also provides notice

that the information collection

requirements contained in the final rule

have been approved by the Office of

Management and Budget (OMB).

EFFECTIVE DATE: These corrections are

effective May 21, 2001.

FOR FURTHER INFORMATION CONTACT:

David L. Meyer, Director; Office of

Standards, Regulations, and Variances;

MSHA, 4015 Wilson Boulevard,

Arlington, Virginia 22203–1984. Mr.

Meyer can be reached at MeyerDavid@msha.gov (E-mail), 703–235–

1910 (Voice), or 703–235–5551 (Fax).

SUPPLEMENTARY INFORMATION: On

January 19, 2001, MSHA published a

final rule that addresses the exposure of

underground coal miners to diesel

particulate matter (dpm) (66 FR 5526).

The rule establishes new health

standards for underground coal mines

that use equipment powered by diesel

engines and, among other things,

requires operators of these underground

mines to train miners about the hazards

of exposure to dpm.

As discussed in the preamble to the

final rule (66 FR 5669), § 72.500(a)

requires that all permissible dieselpowered equipment introduced into an

underground area of an underground

coal mine emit no more than of 2.5

grams of dpm per hour as of the

effective date of the final rule. Paragraph

(b) requires all existing equipment to

meet this limit as of July 19, 2002.

For non-permissible, heavy-duty

diesel-powered equipment, generators

and compressors introduced into an

underground area of a coal mine, the

final rule’s preamble to § 72.501(a)

specifies an interim emissions limit;

that is, that this equipment must not

emit more than 5.0 grams of dpm per

hour on the effective date of the final

rule. Paragraph (b) requires existing

diesel equipment not to exceed this

limit as of July 21, 2003. Paragraph (c)

prohibits non-permissible, heavy-duty

diesel-powered equipment from

exceeding 2.5 grams per hour of dpm

emissions as of January 19, 2005.

Similarly, the preamble discussion to

§ 72.502 specifies that nonpermissible

light-duty diesel-powered equipment,

other than generators and compressors,

introduced into an underground area of

a coal mine after the effective date of the

final rule must not emit more than 5.0

grams of dpm per hour.

The regulatory text to each of the

above provisions contains grammatical

errors that may be confusing to the

mining community. These errors were

inadvertently included at the time of

publication. This document corrects

these errors, as well as others made in

the preamble at the time of publication.

These corrections are effective on May

21, 2001, the effective date of the final

rule.

Procedural Requirements

MSHA believes that correcting these

inadvertent errors in the final rule is not

a rule to which the procedural

requirements of 5 U.S.C. 553, or the

various statutes and executive orders

relating to rules, apply. However, if

Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 27865

these corrections were deemed a rule,

the notice and comment provisions of

the Administrative Procedure Act do

not apply based on the good cause

exceptions in 5 U.S.C. 553(b)(B) and

553(d)(3). MSHA finds good cause not

to provide further notice and comment

in that additional notice and comment

would be unnecessary and contrary to

the public interest because the public

was advised in the preamble to the final

rule of MSHA’s intention regarding each

of the above regulatory provisions.

Consequently, unnecessary confusion

would result if these corrections are not

made immediately.

The final rule published on January

19, 2001, contained information

collection provisions that require an

OMB Control Number. OMB has

approved the information collection

requirements and assigned OMB Control

Number 1219–0124 to the information

collection requirements of the final rule.

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.

Accordingly, MSHA makes the

following corrections to the final rule

published on January 19, 2001.

I. Printing Errors in the Preamble

In the Federal Register issue of

January 19, 2001 (66 FR 5526), make the

following corrections to the preamble:

1. On page 5526, column 1, fourth

paragraph of the Summary, line 3,

change ‘‘coal’’ to ‘‘metal and nonmetal’’.

2. On page 5672, column 2, first

paragraph, line 8, after the word

‘‘determining’’ delete ‘‘the permissible

fleet.’’ and insert the following:

‘‘the total amount of dpm, expressed in

grams/hour, produced by the engine

over the test cycle described in ISO

8178. The particulate index is

determined by calculating the quantity

of air required to dilute that particulate

to a concentration of 1 mg/m3. The

quantity of dpm emitted from the

machine is determined by multiplying

the quantity of dpm emitted from the

engine (gm/hr) by the filtration

efficiency of the aftertreatment device

(%). Therefore, in a very real sense, the

Agency is using a significant portion of

the concepts embodied in the

particulate index in this final rule.

Why MSHA concluded that the

emission limit for permissible

equipment should be 2.5 grams per

hour. The emission limit was

determined with reference to

technological and economic feasibility.

While mine operators can use a variety

of controls to reduce the emissions from

a piece of permissible equipment, the

two controls that can produce the

significant reductions for permissible

equipment are cleaner engines and

filters. None of the cleaner engines

produced in recent years has been

approved for permissible applications.

Accordingly, MSHA determined it

should set the limit at what can be

achieved technologically with filtration

and the currently approved permissible

engines.

As a reference point, MSHA

calculated the emission limit that could

be achieved if a high-efficiency filter

were applied to the engine that

produced the most dpm emission in the

permissible fleet.’’

3. On page 5678, column 1, the

second paragraph is the heading of a

section and should be italicized and

read as follows: ‘‘Why the final rule uses

a machine-based emission limit instead

of requiring a high-efficiency filtration

system.’’

4. On page 5681, column 2, the first

sentence of the second paragraph is a

section heading and should be italicized

and read as follows: ‘‘How did MSHA

determine the emissions limit for newly

introduced light-duty equipment?’’

II. Additional Corrections to the

Preamble

In the final regulations published on

January 19, 2001 (66 FR 5526), make the

following additional corrections to the

preamble:

1. On page 5547, column 1, third

paragraph, line 7, change ‘‘Commerica’’

to ‘‘commercial’’.

2. On page 5563, change title of the

figure from ‘‘Figure 5’’ to ‘‘Figure III–1’’.

3. On page 5565, change title of the

figure from ‘‘Figure 6’’ to ‘‘Figure III–2’’.

4. On page 5568, change title of the

figure from ‘‘Figure 7’’ to ‘‘Figure III–3’’.

5. On page 5598, column 1, third

paragraph, line 5, change ‘‘Footnote 42’’

to ‘‘Footnote 44’’.

6. On page 5639, column 3, first

paragraph, lines 5 and 6, change

‘‘Figures III–9 and III–10’’ to ‘‘Figures

III–5 and Figure III–6’’.

7. On page 5640, the title of the figure

should read Figure III–5’’ and at the end

of the caption insert ‘‘(Cohen and

Higgins, 1995)’’.

8. On page 5641, the title of the figure

should read ‘‘Figure III–6’’ and at the

end of the caption insert ‘‘(Cohen and

Higgins, 1995)’’.

9. On page 5655, column 3, fourth

paragraph, line 19, change ‘‘Figure III–

11’’ to ‘‘Figure III–7’’.

10. On page 5656, column 2, first

paragraph, line 1, change ‘‘Figure III–

11’’ to ‘‘Figure III–7’’.

11. On page 5656, change the title of

the figure from Figure III–11’’ to ‘‘Figure

III–7’’.

12. On page 5683, Table 72.502–1,

column 2, after the last line, insert the

following:

‘‘450≤kW<560 (600≤hp<750) .................................................................. 0.20 g/kW-hr (0.15 g/bhp-hr)’’

’’kW≥560 (hp≥750) .................................................................................. 0.20 g/kW-hr (0.15 g/bhp-hr)’’

13. On page 5685, column 1, fourth

paragraph, line 15, insert ‘‘other’’ after

the word ‘‘from’’.

14. On page 5685, column 1, fifth

paragraph, line 10, change ‘‘by the

filter’’ to ‘‘by one minus the filter’’.

15. On page 5687, column 3, first

paragraph, line 24, change ‘‘within 6

months.’’ to ‘‘within 7 calendar days.’’

16. On page 5687, column 3, first

paragraph, line 31, at the end of the

sentence insert ‘‘of the request.’’

17. On page 5688, Table I–1, after the

last row in the table insert:

‘‘Initial Miner Health Training—60

days’’

‘‘Submission of Diesel Equipment

Inventory—60 days’’

18. On page 5689, column 1, third

paragraph, line 15, insert ‘‘Light-duty’’

at the beginning of the sentence.

19. On page 5689, column 1, third

paragraph, at the end of the paragraph,

insert the following:

‘‘Section 72.510 of the final rule

addresses Miners Health Training. It

was unchanged from the proposed rule.

Miners will be required to be trained on:

(1) The health risk associated with

exposure to diesel particulate matter; (2)

the methods used in the mine to control

diesel particulate matter concentrations;

(3) identification of the person

responsible for maintaining those

controls; and (4) actions miners must

take to ensure the controls operate as

intended. The final rule is the same as

27866 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

that proposed. Additionally, a record of

that training must be maintained and

made available to MSHA and the

representatives of the miners. This

section will take effect 60 days after the

effective date of the regulation. The

initial miners health training will have

to be completed within that time frame

and then annually thereafter. MSHA

believes that 60 days is ample time to

comply with this provision.

Section 72.520 of the final rule

addresses the Diesel Equipment

Inventory. This section will take effect

60 days after the effective date of the

regulation. The initial Diesel Equipment

Inventory containing a list of diesel

equipment and exhaust emission

controls must be completed and

submitted within that time frame.

Subsequent modifications to the

inventory must be submitted within

seven calendar days to the District

Manager. MSHA believes that 60 days is

ample time to comply with this

provision. The inventory must be

mailed or faxed to the MSHA District

Office.’’

20. On page 5695, column 3, sixth

paragraph, line 4, change ‘‘number 7’’ to

‘‘number 8.’’

PART 72—[CORRECTED]

III. Corrections to the Regulatory Text

In the final regulations published on

January 19, 2001, (66 FR 5526) make the

following corrections to the regulatory

text of 30 CFR Part 72:

1. On page 5704, column 3, § 72.500,

paragraph (a), line 4, remove the word

‘‘not’’.

2. On page 5704, column 3, § 72.500,

paragraph (b), line 4, remove the word

‘‘not’’.

3. On page 5704, column 3, § 72.501,

paragraph (a), line 6, remove the word

‘‘not’’.

4. On page 5705, column 1, § 72.501,

paragraph (b), line 7, remove the word

‘‘not’’.

5. On page 5705, column 1, § 72.501,

paragraph (c), line 7, remove the word

‘‘not’’.

6. On page 5705, column 3, § 72.502,

paragraph (a), line 3, remove the word

‘‘not’’.

7. On page 5705, § 72.502, Table

72.502–1, column 2, add the following

two entries at the end of the table:

‘‘450≤kW<560 (600≤hp<750)’’

‘‘kW≥560 (hp≥750)’’

8. On page 5705, § 72.502, Table

72.502–1, column 3, add the following

two entries at the end of the table:

‘‘0.20 g/kW-hr (0.15 g/bhp-hr)’’

‘‘0.20 g/kW-hr (0.15 g/bhp-hr)’’

Signed at Arlington, VA, this 16th day of

May, 2001.

David D. Lauriski,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 01–12766 Filed 5–18–01; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–01–003]

RIN 2115–AE47

Drawbridge Operation Regulations;

Trail Creek, IN

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the operating regulation governing

moveable bridges on Trail Creek in

Michigan City, Indiana. This rule will

establish twice-an-hour openings for the

Franklin Street bridge, mile 0.5, during

the peak navigation season, revise the

current regulation for the Amtrak

bridge, mile 0.85, and establish winter

schedules for both bridges.

DATES: This rule is effective June 20,

2001.

ADDRESSES: Comments and material

received from the public, as well as all

material in the docket CGD09–01–003,

are available for inspection or copying

at the office of Commander (obr), Ninth

Coast Guard District, 1240 East Ninth

Street, Room 2019, Cleveland, OH,

44199–2060 between 6:30 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Scot M. Striffler, Project Manager, Ninth

Coast Guard District Bridge Branch, at

(216) 902–6084.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On February 28, 2001, the Coast

Guard published a notice of proposed

rulemaking concerning these

drawbridge regulations in the Federal

Register (66 FR 12745). We received no

comments concerning the proposed

rule. No public hearing was requested

and none was held.

Background and Purpose

The owner of the Franklin Street

bridge, LaPorte County Highway

Department, IN, requested the Coast

Guard approve a modified schedule for

the bridge to reduce vehicular traffic

delays in the vicinity of the bridge

during the peak tourist season and to

establish a permanent winter operating

schedule. The current regulation for the

Amtrak bridge is obsolete and does not

accurately reflect current train and

vessel operations at that location.

The Amtrak bridge is currently

required to open on signal between the

hours of 6:30 a.m. and 2:30 p.m., except

Sundays, from February 16 through

December 14. The bridge is not required

to be manned all other times and would

be opened within 20 minutes following

notification to the Amtrak dispatcher in

Chicago. The Coast Guard determined

that this schedule did not provide for

the reasonable needs of navigation and

places undue burden on vessel

operators wishing to pass the draw.

Amtrak representatives concurred with

this finding. Also, the bridge was

manned during periods of no vessel

traffic on the waterway during winter

months, placing an undue burden on

the railroad. The revised regulation

establishes the requirement for the

bridge to open on signal for vessels

between March 16 and November 30

each year. Vessel operators will be

required to provide at least 12 hours

advance notice for openings between

December 1 and March 15 each year.

This will allow the bridge to be

unmanned during periods of no train

traffic and during winter months when

there is no navigation.

The Franklin Street bridge is located

in a highly congested section of

Michigan City, and adjacent to a park

area that is visited by a large number of

residents and tourists between April 1

and December 1 each year. LaPorte

County Highway Dept., acting on behalf

of the City of Michigan City, asked the

Coast Guard to regulate bridge openings

to coincide with the park hours to

alleviate vehicular traffic congestion in

the area, while still providing for the

reasonable needs of navigation. This

final rule will require the bridge to open

on signal for vessels between March 16

and November 30, except between the

hours of 6:15 a.m. and 11:15 p.m.,

Monday through Sunday, the bridge

will only be required to open for vessels

three minutes before to three minutes

after the quarter-hour and three-quarter

hour.

This schedule is believed to provide

a reasonable balance between the needs

of vessel traffic and vehicular traffic

through the two drawbridges in

Michigan City Harbor.

Discussion of Comments and Changes

The Coast Guard received no

comments to the notice of proposed