Conduct of tests; demonstrations.

Prior to the issuance of a certificate of approval, only personnel of MSHA and National Institute for Occupational Safety and Health, representatives of the applicant, and such other persons as may be mutually agreed upon may observe the tests conducted. The MSHA and the National Institute for Occupational Safety and Health shall hold as confidential, and shall not disclose, principles of patentable features prior to certification, nor shall MSHA or Institute disclose any details of the applicant's drawings or specifications or other related material. After the issuance of a certificate of approval, MSHA or the National Institute for Occupational Safety and Health may conduct such public demonstrations and tests of the approved coal mine dust personal sampler unit as MSHA or Institute deems appropriate. The conduct of all investigations, tests, and demonstrations shall be under the sole direction of the National Institute for Occupational Safety and Health and MSHA and any other persons shall be present only as observers.

[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972]