(a) One complete lamp, with 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 investigation 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 the lamp has been inspected by MSHA, the applicant will be
notified as to the amount of material that will be required for the test. He
will also be notified of the date on which the tests will start 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
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.
(d) Permissibility tests will not be made unless the lamp is complete
and in a form that can be marketed.
(e) 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.
(f) No verbal report of approval or disapproval will be made to the
applicant. Approval will be made only in writing by MSHA. The applicant
shall not be free to advertise the lamp as being permissible, or as having
passed the tests, prior to receipt of formal notice of approval.
[Sched. 10C, May 17, 1938, as amended by Supp. 1, 20 FR 2719, Apr. 23, 1955;
43 FR 12314, Mar. 24, 1978; 60 FR 35692, July 11, 1995]