[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: 30CFR35.6]

[Page 160-161]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 35--FIRE-RESISTANT HYDRAULIC FLUIDS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 35.6  Applications.

    (a) No investigation or testing will be undertaken by MSHA except 
pursuant to a written application, in duplicate, accompanied by a check, 
bank draft, or money order, payable to the U.S. Mine Safety and Health 
Administration, to cover the fees; and all descriptions, specifications, 
test samples, and related materials. The application and all related 
matters and correspondence concerning it shall be sent to Approval and 
Certification Center, RR 1, Box 251, Industrial Park Road, Triadelphia, 
WV 26059.
    (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,  deg.F.; freezing point,  deg.F.; color; 
neutralization number or pH; viscosity at 100  deg.F., 150  deg.F., 175 
deg.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

[[Page 161]]

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 Approval and Certification 
Center, RR 1, Box 251, Industrial Park Road, Triadelphia, WV 26059.

[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 
24, 1978; 60 FR 35694, July 11, 1995]