(a) One complete detector, with assembly and detail drawings that
show the construction of the device and the materials of which it is
made, should be forwarded prepaid to the U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center,
765 Technology Drive, Triadelphia, WV 26059, at the time the
application for tests is made.
(b) When this has been inspected by MSHA, the applicant will be
notified as to the amount of material that will be required for the tests.
The manufacturer will be notified of the date on which the tests will be
started and will be given an opportunity to witness the tests.
(c)Observers at formal investigations and demonstrations. No one
shall be present during any part of the formal investigation conducted by
MSHA which leads to approval for permissibility except the necessary
Government personnel, representatives of the applicant, and such other
persons as may be mutually agreed upon by the applicant and MSHA. Upon
granting approval for permissibility, MSHA will announce that such approval
has been granted to the device and may thereafter conduct, from time to time
in its discretion, public demonstrations of the tests conducted on the
approved device. Those who attend any part of the investigation, or any
public demonstration, shall be present solely as observers; the conduct of
the investigation and of any public demonstration shall be controlled by
MSHA. Results of chemical analyses of material and all information contained
in the drawings, specifications, and instructions shall be deemed
confidential and their disclosure will be appropriately safeguarded by
MSHA.
[Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955;
43 FR 12315, Mar. 24, 1978; 60 FR 35692, July 11, 1995]