[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: 30CFR36.6]

[Page 167-168]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 36--APPROVAL REQUIREMENTS FOR PERMISSIBLE MOBILE DIESEL-POWERED TRANSPORTATION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 36.6  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 drawings, specifications, 
descriptions, and related materials. The application and all related 
matters and correspondence concerning it shall be addressed to the 
Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 
Triadelphia, WV 26059.
    (b) Drawings, specifications, and descriptions shall be adequate in 
detail to identify fully the complete assembly, components, and 
subassemblies. Drawings, specifications, and descriptions shall include:
    (1) Assembly drawing(s) showing the overall dimensions of the 
equipment, location and capacity of the fuel tank, location of flame 
arresters, exhaust-gas conditioner and its water-supply tank, if 
applicable, exhaust-gas dilution system, and other details that are 
essential to the functioning of the equipment.
    (2) Except for equipment utilizing part 7, subpart F power packages, 
detailed drawings showing the intake, combustion, and exhaust systems of 
the diesel engine, including joints and gaskets; the turbulence or 
precombustion chamber, if applicable; injector assembly and nozzle 
details; and any surfaces that form the combustion chamber or part 
thereof, such as the cylinder head, piston and cylinder liner; and other 
features that may affect permissibility, such as exhaust-gas conditioner 
and flame arresters.
    (3) Except for equipment utilizing part 7, subpart F power packages, 
a schematic drawing of the fuel system showing piping, connections, fuel 
filters, fuel-injection pump, and mechanical governor assembly. All 
components shall be identified to permit adjustment, as necessary, and 
the location of seals or locks to prevent tampering shall be indicated.
    (4) Except for equipment utilizing part 7, subpart F power packages, 
drawing(s) specifying the kind of material and detailed dimensions of 
the components of explosion-proof enclosures, including joints and 
openings.
    (5) Drawing(s) showing the construction of headlights, battery 
boxes, including seals or locks, and method of mounting.
    (6) Other drawings, specifications, or descriptions identifying any 
feature that MSHA considers necessary for certification of the 
particular mobile diesel-powered transportation equipment.
    (c) Shipment of the mobile diesel-powered transportation equipment 
or component part or subassembly as the case may be, shall be deferred 
until MSHA has notified the applicant that the application will be 
accepted. Shipping instructions will be issued by MSHA and shipping 
charges shall be prepaid by the application. Upon completion of the 
investigation and notification thereof to the applicant by MSHA, the 
applicant shall remove his equipment promptly from the test site (see 
Sec. 36.40).
    (d) The application shall state that the equipment is completely 
developed and of the design and materials that the applicant believes to 
be suitable for a finished marketable product or is a completely 
developed component or subassembly suitable for incorporation in a 
finished marketable complete assembly of mobile diesel-powered 
transportation equipment. If the final design of a component depends 
upon results of MSHA's tests, this shall be so stated in the 
application.
    (e) For a complete investigation leading to approval and 
certification, the applicant shall furnish a complete operable assembly 
for inspecting and testing. Spare parts and expendable components, 
subject to wear in normal

[[Page 168]]

operation, shall be supplied by the applicant to permit continuous 
operation of the equipment during test periods. If special tools are 
necessary to disassembly any component for inspection or test, the 
applicant shall furnish these with the equipment to be tested.
    (f) With each application, the applicant shall submit evidence of 
how he proposes to inspect his completely assembled mobile diesel-
powered transportation equipment at the place of manufacture or assembly 
before shipment to purchasers. Ordinarily such inspection is recorded on 
a factory inspection form and the applicant shall furnish to MSHA a copy 
of his factory inspection form or equivalent with his application. The 
form shall direct attention to the points that must be checked to make 
certain that all components of the assembly are in proper condition, 
complete in all respects, and in agreement with the drawings, 
specifications, and descriptions filed with MSHA.
    (g) With the application, the applicant shall furnish to MSHA 
complete instructions for operating and servicing his equipment. After 
completing MSHA's investigation, if any revision of the instructions is 
required, a revised copy thereof shall be submitted to MSHA for 
inclusion with the drawings and specifications.

[Sched. 31, 26 FR 645, Jan. 24, 1961, as amended at 43 FR 12318, Mar. 
24, 1978; 47 FR 14696, Apr. 6, 1982; 60 FR 33723, June 29, 1995; 60 FR 
35695, July 11, 1995; 61 FR 55526, Oct. 25, 1996]