30 CFR § 35.6
Application procedures and requirements.
(a)(1) No investigation or testing will be undertaken by MSHA except pursuant to a written application accompanied by all descriptions, specifications, test samples, and related materials. The application and all related matters and correspondence shall be addressed to: U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center,
765 Technology Drive, Triadelphia, WV 26059. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40.
(2) Where the applicant for approval has used an independent laboratory under part 6 of this chapter to perform, in whole or in part, the necessary testing and evaluation for approval under this part, the applicant must provide to MSHA as part of the approval
application:
(i) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;
(ii) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;
(iii) Identification of components or features of the product that are critical to the safety of the product; and
(iv) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part.
(3) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of
this chapter, to MSHA's product approval requirements under this part.
(b) Descriptions and specifications shall be adequate in detail to
identify fully the composition of the hydraulic fluid and to disclose its
characteristics. Descriptions and specifications shall include:
(1) An identifying name or number of the fluid or
concentrate for the production thereof.
(2) Pour point, °F.; freezing point, °F.; color;
neutralization number or pH; viscosity at 100 °F., 150 °F., 175 °F. (Saybolt
or Furol); viscosity index; specific gravity.
(3) A statement of the water or other vehicle content in
percent by weight or volume and how it affects fire resistance of the
hydraulic fluid. If water is the vehicle, the statement shall include the
applicant's method for determining water content quickly in the field.
(c) The application shall state whether the fluid submitted for test
is toxic or irritating to the skin and what precautions are necessary in
handling it.
(d) The application shall state that the applicant has tested the
fluid which he believes to have fire-resistant properties, the basis for such
determination, and submit with his application the data resulting from the
applicant's use or laboratory tests to determine the fire-resistant
properties of the fluid.
(e) The application shall contain evidence that the fluid has
lubricating and hydraulic properties and is satisfactory for use in
underground mining machinery; and shall state that the fluid, or concentrate
for the production thereof, is fully developed and is of the composition that
the applicant believes to be a suitable marketable product.
(f) The application shall state the nature, adequacy, and continuity
of control of the constituents of the fluid to maintain its fire-resistant
characteristics and how each lot will be sampled and tested to maintain its
protective qualities. MSHA reserves the right to have its qualified
representative(s) inspect the applicant's control-test equipment, procedures,
and records, and to interview the personnel who conduct the control tests to
satisfy MSHA that the proper procedure is being followed to insure that the
fire-resistant qualities of the hydraulic fluid are maintained.
(g) When MSHA notifies the applicant that the application will be
accepted, it will also notify him as to the number of samples and related
materials that will be required for testing. Ordinarily a 5-gallon sample of
hydraulic fluid will be required provided that it is a finished product or,
if in concentrate form, enough shall be furnished to make a 5-gallon sample
when mixed with water or other vehicle according to the applicant's
instructions. All samples and related materials required for testing
must be delivered (charges prepaid) to: U.S. Department of Labor, Mine
Safety and Health Administration, Approval and Certification Center,
765 Technology Drive, Triadelphia, WV 26059.
