30 CFR § 18.93 Application for field approval; filing procedures.
(a)(1) Investigation and testing leading to field approval shall be
undertaken by MSHA only pursuant to individual written applications for each
machine submitted in triplicate on MSHA Form No. 6-1481, by the owner-coal
mine operator of the machine.
(2) Except as provided in paragraph (b) of this section,
each application shall be accompanied by appropriate photographs, drawings,
specifications, and descriptions as required under the provisions of
§18.94 and each such application shall be filed with
the Coal Mine Health and Safety District Manager for the District in which
such machine will be employed.
(b) The Coal Mine Health and Safety District Manager may, upon
receipt of any application filed pursuant to paragraph (a) of this section,
waive the requirements of §18.94 with respect to such
application if he determines that the submission of photographs, drawings,
specifications, or descriptions will place an undue financial burden upon
the applicant. In the event a waiver is granted in accordance with this
paragraph (b), initial review of the application will be waived and the
applicant shall be notified on MSHA Form 6-1481 of such waiver and the date,
time, and location at which field inspection of the equipment described in
the application will be conducted.
(c) Following receipt of an application filed in accordance with
paragraph (a) of this section, the Coal Mine Health and Safety District
Manager shall determine whether the application has been filed in accordance
with §18.91, and cause the application to be reviewed
by a qualified electrical representative to determine compliance with
§18.92:
(1) If it is determined on the basis of the application or
the data submitted in accordance with §18.94 that
further consideration of a field approval is warranted under this Subpart E
or that the machine appears suitable and safe for its intended use, the Coal
Mine Health and Safety District Manager shall advise the applicant in
writing that further investigation and inspection of the machine will be
necessary. The notice issued by the Coal Mine Health and Safety District
Manager shall set forth the time and place at which such inspection will be
conducted and specify the location and size of any tapped holes required to
be made by the applicant to facilitate the pressure testing of
enclosures.
(2) If it is determined on the basis of data submitted in
accordance with §18.94 that the applicant is not
qualified to receive an approval or that the machine does not appear to be
suitable and safe for its intended use, the Coal Mine Health and Safety
District Manager shall so advise the applicant in writing, setting forth the
reasons for his denial of the application, and where applicable, the
deficiencies in the machine which rendered it unsuitable or unsafe for
use.
(3) Rejected applications, together with attached
photographs, drawings, specifications and descriptions shall be forwarded by
the Coal Mine Health and Safety District Manager to Approval and
Certification Center which shall record all pertinent data with respect to
the machine for which field approval was sought.
[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978]
