[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Proposed Rules]
[Pages 15358-15359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4362]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 7

RIN 1219-AB43


Equivalency Evaluation of the U.S. Environmental Protection 
Agency's Nonroad Diesel Engine Standards

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of intent.

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SUMMARY: We intend to review the U.S. Environmental Protection Agency's 
(EPA) standards for nonroad diesel engines to determine if certain EPA 
requirements in 40 CFR part 89, Control of Emissions From New and In-
Use Nonroad Compression-Ignition Engines, provide, or can be modified 
to provide, at least the same degree of protection as our existing 
applicable requirements in 30 CFR part 7, subpart E--Diesel Engines 
Intended for Use in Underground Coal Mines. This review is limited to 
the testing of Category B diesel engines as defined in 30 CFR 7.82, 
Definitions.

DATES: Comments must be received by May 30, 2006.

ADDRESSES: Comments must be clearly identified as such and transmitted 
electronically to [email protected]. Alternatively, comments 
can be submitted by using the Federal eRulemaking portal 
http://www.regulations.gov and following the instructions. Persons 
unable to file comments electronically should submit their comments to
us by regular mail or hand delivery to MSHA, Approval and Certification 
Center, Attention: John P. Faini, Box 251, Industrial Park Road, 
Triadelphia, West Virginia 26059 or transmit by facsimile to (304) 547-
2071. Please specify RIN 1219-AB43 on documents sent in response to 
this notice. You may contact us with any format questions. Comments are 
posted for public viewing at http://www.msha.gov/currentcomments.asp.

FOR FURTHER INFORMATION CONTACT: John P. Faini, Mechanical and 
Engineering Safety Division, Approval and Certification Center, MSHA; 
phone: (304) 547-2042; facsimile: (304) 547-2084; E-mail: 
[email protected]. We maintain a listserve on our Web site that 
enables subscribers to receive e-mail notification when we publish 
rulemaking documents in the Federal Register. To subscribe to the 
listserve, visit our site at 
http://www.msha.gov/subscriptions/subscribe.aspx.

SUPPLEMENTARY INFORMATION:

Background

    On June 17, 2003 we published a final rule, Testing and Evaluation 
by Independent Laboratories and Non-MSHA Product Safety Standards (68 
FR 36417). The final rule allows manufacturers to test their products 
in accordance with non-MSHA standards if we determine that the non-MSHA 
standard is equivalent to our applicable product approval requirements 
or can be modified to provide at least the same level of protection.
    Part 7 of 30 CFR specifies requirements for our approval of 
applicant or third party testing and evaluation of equipment and 
materials for use in underground mines that do not involve subjective 
testing. Paragraph 7.10(b) requires us to publish our intent to review 
any non-MSHA product safety standard for equivalency in the Federal 
Register for the purpose of soliciting public input. In addition, 
paragraph 7.10(c) requires us to list our equivalency determinations in 
30 CFR part 7.

[[Page 15359]]

    EPA is a Federal agency that regulates both the gaseous and diesel 
particulate matter emissions from nonroad diesel engines sold in the 
United States. The EPA standards in 40 CFR part 89, Control of 
Emissions from New and In-Use Nonroad Compression-Ignition Engines, 
establish laboratory testing procedures and application requirements 
for nonroad engines. Diesel engine manufacturers are redesigning their 
engines to meet new EPA emission standards. Manufacturers must apply 
for our approval for each new engine design if they are to be used in 
underground coal mines. Manufacturers would benefit if they were able 
to streamline engine testing so they could solicit approval from us as 
well as EPA using the same set of results.
    We are asking for public input concerning our intent to review 
certain EPA Nonroad Diesel Engine standards published under part 89, 
Title 40, CFR to determine whether these standards provide, or could be 
modified to provide, at least the same degree of protection as our 
existing applicable requirements. We intend to limit our review to the 
following EPA standards:
     89.2, Definitions,
     89.6, Reference materials,
     89.115, Application for certificate,
     89.119, Emission tests,
     Subpart D, Emission Test Equipment Provisions,
     Appendix A, to Subpart D,
     Appendix B, to Subpart D, and
     Subpart E, Exhaust Emission Test Procedures.
    We intend to review these specific EPA standards to determine 
whether the EPA requirements provide adequate testing procedures and 
technical information needed for the issuance of our approval under 
part 7, subpart E. The requirements in our part 7 apply to certain 
equipment and materials whose product testing and evaluation does not 
involve subjective analysis. We have reviewed the applicable EPA 
requirements and have determined that they do not involve subjective 
analysis.
    If we determine the specified sections of 40 CFR part 89 would 
provide at least the same degree of protection in their original form 
or could be modified to demonstrate equivalency to 30 CFR part 7, 
subpart E, Category B diesel engines, then we would amend 30 CFR part 7 
accordingly. If modifications are required, they would also be 
specified in our part 7.
    We welcome comments on whether the EPA requirements provide testing 
procedures and technical information equivalent to the approval 
requirements set out in part 7 subpart E. If you feel the specified 
sections of 40 CFR part 89 do not provide the same degree of protection 
in their original form, but could be modified to do so, specify what 
modifications are necessary to demonstrate equivalency. After the 
comment period closes, we will perform an evaluation of the EPA 
standards. At the conclusion of the evaluation, we will publish our 
determination in the Federal Register accompanied by a summary of the 
findings and a list of required modifications, if necessary.

    Dated: March 20, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety and Health.
 [FR Doc. E6-4362 Filed 3-27-06; 8:45 am]
BILLING CODE 4510-43-P