30 CFR § 31 and 32 (These sections have been removed)
Diesel Engines Certification and Diesel Equipment for Use in Non-Gassy Coal Mines
These two parts were removed as a result of the diesel regulations promulgated in 1996 which revoked parts 31 and 32. MSHA previously identified these regulations for elimination in its response to the President's March 4, 1995, Regulatory Reform Initiative. Parts 31 and 32 are
outdated and, with the final rule changes to parts 7 and 36, are obsolete. Only nine approvals have been issued under part 31 since its inception, and none have been issued since 1977. No other MSHA standards require part 31-approved equipment, and diesel mine locomotive manufacturers have submitted approval applications under part 36 for locomotives intended to be used where permissible equipment is required. With the revocation of part 31, diesel mine locomotive manufacturers may continue to acquire equipment approvals under part 36.
The part 32 approval requirements for mobile diesel-powered
equipment used in noncoal mines are likewise unnecessary. No MSHA regulation requires the use of part 32 equipment, and no part 32 machine approval has been issued since 1981. Part 32 engine
certifications have continued to be issued by MSHA, however, and some state and federal agencies' regulations make reference to part 32.
State and federal agencies that reference part 32 are directed to look
to part 7
, subpart E, which contains engine requirements, and to Secs. 75.1909
, which contain the requirements for other machine features. Together, these final standards cover the requirements previously found under part 32. These new sections of the final rule will continue to accommodate those government agencies that reference MSHA approval or certification regulations.