[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR23.5]

[Page 137]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 23--TELEPHONES AND SIGNALING DEVICES--Table of Contents
 
Sec. 23.5  Conditions governing investigations.

    (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, Box 201B Industrial Park Road, Dallas Pike, Triadelphia, W. Va. 
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 MSHA.
    (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]