(a) One complete device together with assembly and detail drawings
that show its construction and the materials of which the parts are made,
shall be submitted preferably at the time the application for test is made.
These shall be sent prepaid to: Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.
(b) After the device has been inspected by MSHA, the applicant will
be notified as to the amount of material that he will be required to supply
for the tests and of the date on which testing will be started.
(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
(d) Formal tests will not be made unless the device has been
completely developed and is 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 device by MSHA.
(f) No verbal report of approval or disapproval will be made to the
applicant. After MSHA has considered the results of the inspections and
tests, a formal written report of the approval or disapproval will be made
to the applicant by MSHA. The applicant shall not advertise his device as
being permissible or approved, or as having passed the tests, prior to
receipt of the formal notice of approval.
[Sched. 9B, 4 FR 1555, Apr. 11, 1939, as amended by Supp. 1, 20 FR 2975, May
4, 1955; 43 FR 12315, Mar. 24, 1978]