(a) One complete lamp, with the assembly and detail drawings that
show the construction of the lamp and the materials of which it is made,
should be submitted at the time the application for test is made. This material should be sent prepaid to the U.S. Department of Labor, Mine Safety and Health Administration, Approval
and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
(b) When this lamp has been inspected by MSHA, the applicant will be
notified as to the amount of material that will be required for the tests. In
general, the material required will be as follows: (1) Thirty complete lamps;
(2) 500 bulbs; (3) 50 feet of cord; (4) a battery discharge rack for 20
batteries; and (5) a 50-bulb rack. Specifications for items (4) and (5) will
be furnished by MSHA.
(c) The applicant will be notified of the date on which the tests
will start and will be given an opportunity to witness them.
(d)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
(e) Permissibility tests will not be made unless the lamp has been
completely developed and is in a form that can be marketed.
(f) The results of the tests shall be regarded as confidential by all
present at the tests and shall not be made public in any way prior to the
formal approval of the lamp by MSHA.
(g) No verbal report of approval or disapproval will be made to the
applicant. After MSHA has considered the results of the tests, a formal
report of the approval or disapproval will be made to the applicant in
writing by Approval and Certification Center. The applicant shall not
advertise the lamp as being permissible or as having passed the tests prior
to receipt of formal notice of approval.
[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended by Supp. 1, 20 FR 2718,
Apr. 23, 1955; 43 FR 12314, Mar. 24, 1978; 60 FR 35692, July 11, 1995]