(a) MSHA will not test or investigate any dust collector that in its
opinion is not constructed of suitable materials, that evidences faulty
workmanship, or that is not designed upon sound engineering principles. Since
all possible designs, arrangements, or combinations of components and
materials cannot be foreseen, MSHA reserves the right to modify the tests
specified in this part in such manner to obtain substantially the same
information and degree of protection as provided by the tests described in
Subpart C of this part.
(b) Adequacy of design and construction of a unit or system will be
determined in accordance with its ability (1) to prevent the dissemination of
objectionable or harmful concentrations of dust into a mine atmosphere, and
(2) to protect against explosion and/or fire hazards of electrical equipment,
except as provided in §33.38(b).