Code of Federal Regulations/Title 30/Chapter I/Part 7

by the United States Government

PART 7—TESTING BY APPLICANT OR THIRD PARTY

Subpart A—General Provisions

Sec.

7.1 Purpose and scope.

7.2 Definitions.

7.3 Application procedures and requirements.

7.4 Product testing.

7.5 Issuance of approval.

7.6 Approval marking record.

7.7 Quality assurance.

7.8 Post-approval preduct audit.

7.8 Revocation.

Subpart B—Brattice Cloth and Ventilation Tubing

7.21 Purpose and effective date.

7.22 Definitions.

7.23 Application requirements.

7.24 Technical requirements.

7.25 Critical characteristics.

7.26 Flame test apparatus.

7.27 Test for flame resistance of brattice cloth.

7.28 Test for flame resistance of rigid ventilation tubing.

7.29 Approval marking.

7.30 Post-approval product audit.

7.31 New technology.

Subpart C—Battery Assemblies

7.41 Purpose and effective date,

7.42 Definitions.

7.43 Application requirements.

7.44 Technical requirements.

7.45 Critical characteristics.

7.46 Impact test.

7.47 Deflection temperature test.

7.48 Acid resistance test.

7.49 Approval marking.

7.50 Post-approval product audit.

7.51 Approval checklist.

7.52 New technology.

Subpart D-—Multiple-Shot Blasting Units

7.61 Purpose and effective date.

7.62 Definitions.

7.63 Application requirements.

7.64 Technical requirements.

7.65 Critical characteristics.

7.66 Output energy test.

7.67 Construction test.

7.68 Firing line terminals test.

7.68 Approval marking.

9.70 Post-approval product audit.

9.71 Approval checklist.

4.92 New technology.

Subpart J—Electric Motor Assemblies

7.301 Purpose and effective date.

7.302 Definitions.

7.303 Application requirements.

7.304 Technical requirements.

7.305 Critical characteristics.

7.306 Explosion tests.

7.307 Static pressure test.

7.308 Lockwasher equivalency test.

7.309 Approval marking.

7.310 Post-approval product audit.

7.311 Approval checklist.

APPENDIX 1 TO SUBPART J OF PART 7

Subpart K—Electric Cables, Signaling Cables, and Cable Spice Kits

7.401 Purpose and effective date.

7.402 Definitions.

7.403 Application requirements.

7.404 Technical requirements.

7.408 Critical characteristics.

7.406 Flame test apparatus.

7.407 Test for flame resistance of electric cables and cable splices.

7.408 Test for flame resistance of signaling cables.

7.409 Approval markirgs.

7.410 Post-approva! product audit.

7.411 New technology.

AUTHORITY: 30 U.S.C. 957.

Source: 53 FR 23500, June 22, 1988, unless otherwise noted.

Subpart A—General

7.1 Purpose and scope.

This part sets out requirements for MSHA approval of certain equipment and materials for use in underground mines whose product testing and evaluation does not involve subjective analysis. These requirements apply to products listed in the subparts following this Subpart A. After the dates specified in the following subparts, requests for approval of products shall be made in accordance with this Subpart A and the applicable subpart.

7.2 Definitions.

The following definitions apply In this part.

Applicant. An individual or organization that manufactures or controls the assembly of a product and that applies to MSHA for approval of that product.

Approval. A document issued by MSHA which states that product has met the requirements of this part and which authorizes an approval marking identifying the product as approved.

Authorized company official. An individual designated by applicant who has the authority to bind the company.

Critical characteristic. A feature of a product that. if not manufactured as approved, could have a direct effect on safety and for which testing or Inspection LS required prior to shipment to ensure conformity with the technical requirements under which the approval was issued,

Extension of approval. A document issued by MSHA which states that the change to a product previously approved by MSHA under this part meets the requirements of this part and which authorizes the continued use of the approval marking after the appropriate extension number been added.

Post-approval product audit. Examination, testing, or both. by MSHA of approved products selected by MSHA to determine whether those products meet the applicable technical requirements and have been manufactured as approved,

Technical requirements. The design and performance requirements for a product. specified In a subpart of this part. Test procedures. The methods specified in a subpart Of this part used to determine whether a product meet the performance portion of the technical requirements,

[53 FR 23500. June 22, 1988: 53 PR 25569. July 7, 1988]

7.3 Application procedures and requirements.

(a) Application. Requests for an approval or extension of approval shall be sent to: U.S. Department of labor. Mine Safety and Health Administration. Approval and Certification Center. RR # 1. Box 251, Industrial Park Road, Triadelphia. West Virginia 26059.

(b) Fees. Fees calculated In accordance with part 5 of this title shall be submitted in accordance with 5.40.

(c) Original approval. Each application for approval of a product shall include-—

(1) A brief description of the product;

(2) The documentation specified in the appropriate subpart of this part;

(3) The name, address. and telephone number of the applicant's resentative responsible for answering any questions regarding the application;

(4) If appropriate, statement indicating whether, in the applicant's opinion, testing is required. If testing is not proposed, the applicant shall explain the reasons for not testing; and

(5) If appropriate, the place and date for product testing.

(d) Subsequent approval of a similar product. Each application for a product similar to one for which the applicant already holds an approval shall include—

(1) The approval number for the product which most closely resembles the new one;

(2) The information specified In paragraph (c) of this section for the new product. except that any document which is the same one listed by MSHA in prior approvals need not be submitted. but shall be noted in the application;

(3) An explanation of any change from the existing approval; and

(4) A statement as to whether. in the applicant's opinion, the change requires product testing. If testing is not proposed, the applicant shall explain the reasons for not testing.

(e) Extension of an approval. Any change in the approved product from the documentation on file at MSHA that affects the technical requirements of this part shall be submitted to MSHA for approval prior to implementing the change. Each application for an extension of approval shall include—

(1) The MSHA-assigned approval number for the product for which the extension is sought;

(2) A brief description of the pro change to the previously approved product;

(3) Drawings and specifications which show the change in detail;

(4) A statement to whether, in the applicant's opinion. the change requires product testing. If testing is not proposed, the applicant shall explain the reasons for not testing;

(5) The place and date for product testing, if testing will be conducted: and

(6) The name. and telephone number of the applicant's representative responsible for answering any questions regarding the application.

(f) Certification statement. (1) Each application for original approval. subsequent approval. or extension of approval of a product shall include a certification by the applicant that the product meets the design portion of the technical requirements, specified in the appropriate subpart, and that the applicant will perform the quality assurance functions specified in 5 7.7. For B subsequent approval or extension of approval. the applicant shall also certify that the proposed change cited in the application is the only change that affects the technical requirements.

(2) After completion of the required product testing, the applicant shall certify that the product been tested and meets the performance portion of the technical requirements. as specified in the appropriate subpart.

(3) All certification statements shall be signed by an authorized company official. (Approved by the Office of Management and Budget under control number 1219— 0100)

7.4 Product testing.

(a) All products submitted for approval under this part shall be tested using the test procedures specified in the appropriate subpart MSHA determines, upon review Of the documentation submitted. that testing is not required. Applicants shall maintain records of test results and procedures for three years. (b) Unless otherwise specified in the subpart, instruments shall be calibrated at least as frequently as, and according to, the instrument manufacturer's specifications, using calibration traceable to those set by the National Bureau of Standards, US. Department of Commerce or other nationally recognized standards and accurate to at least one significant figure beyond the desired accuracy. (c) When MSHA elects to observe product testing, the applicant shall permit an official to be present at a mutually agreeable date, time, and place. (d) MSHA will accept product testing conducted outside the United States where such acceptance is specifically required by International agreement.

(Approved by the Office of Management and Budget under control number 12190100)

[53 PR 23500. June 22. 1988; 53 FR 25569, July 7. 1988]

7.5 Issuance of approval.

(a) An applicant shall not advertise or otherwise represent a product u approved until MSHA has issued the applicant approval. (b) MSHA will issue an approval or a notice of the reasons for denying approval after reviewing the application, and the results of product testing, when applicable. An approval will identify the documents upon which the approval is based.

7.6 Approval marking and distribution

(a) Each approved product shall have an approval marking, as specified in the appropriate subpart of this part.

(b) For extension of approval, the extension number shall be added to the original approval number on the approval marking.

(c) Applicants shall maintain records of the initial sale of each unit having approval marking. The record retention period shall be at least the expected shelf life and service life of the product.

(Approved by the Office or Management and Budget under control number 12190100)

7.7 Quality assurance.

Applicants granted an approval or extension of approval under this part shall—

(a) Inspect or test, or both, the critical characteristics in accordance with the appropriate subpart of this part;

(b) Unless otherwise specified in the subparts, calibrate instruments used for the inspection and testing of critical characteristics at least as frequently as, and according to, the instrument manufacturer's specifications, wing calibration standards traceable to those set by the National Bureau of Standards, U.S. Department of Commerce or other nationally recognized standards and use instruments accurate to at least one significant figure beyond the desired accuracy.

(c) Control production documentation so that the product is manufactured approved;

(d) Immediately report to the MSHA Approval and Certification Center, any knowledge of a product distributed with critical characteristics not in accordance with the approval specifications.

(Approved by the Office or and Budget under control number 12190100)

7.8 Post-approval product audit.

(a) Approved products shall be subject to periodic audits by MSHA for the purpose of determining conformity with the technical requirements upon which the approval based. Any approved product which is to be audited shall be selected by MSHA and be representative of those distributed for use in mines. The approval holder may obtain my final report resulting from such audit.

(b) No more than once a year except for cause. the approval-holder, at MSHA's request, shall make an approved product available at no cost to MSHA for an audit to be conducted at a mutually agreeable site and time. The approval holder may observe any tests conducted during this audit.
(c) An approved product shall be subject to audit for cause at any time MSHA believes that it is not in compliance with the technical requirements which the approval was based.

7.9 Revocation

(a) MSHA may revoke for cause an approval issued under this part if the product:

(l) Fails to meet the applicable technical requirements; or

(2) Creates a hazard when used in a mine.

(b) Prior to revoking an approval, the approval-holder shall informed in writing of MSHA's intention to revoke approval. The notice shall:

(1) Explain the specific reasons for the proposed revocation; and

(2) Provide the approval-holder an opportunity to demonstrate or achieve compliance with the product approval requirements.

(c) request, the approval. holder shall be afforded an opportunity for 8 hearing.

(d) If a product pose an imminent hazard to the safety or health of miners, the approval may be immediately suspended without a written notice of the agency's intention to revoke. The suspension may continue until the revocation proceedings are completed.

Subpart B—Brattice Cloth and Ventilation Tubing

7.21 Purpose and effective date.

This subpart establishes the specific requirements for approval of brattice cloth and ventilation tubing. It is effective August 22, 1988. Applications for approval or extension of approval submitted after August 22, 1989, shall meet the requirements of this part.

7.22 Definitions.

The following definitions apply in this subpart:

Brattice cloth. A curtain of jute, plastic, or similar material used to control or direct ventilating air.

Denier. A unit of yarn size indicating the fineness of fiber of material based on the number of grams in a length of 9,000 meters.

Film. A sheet. of flexible material applied to a scrim by pressure, temperature, adhesion, or other method.

Scrim. A substrate material of plastic or fabric laminated between or coated with a film.

Ventilation tubing. Rigid or flexible tubing used to convey ventilating air.

7.23 Application requirements.

(a) Brattice cloth. A single application may address two or more products if the products differ only in: weight of the finished product: weight or weave of the same fabric or scrim; or thickness or layers of the same film. Applications shall include the following information:

(1) Trade name,

(2) Product designations (for example, style and code number).

(3) Color.

(4) Type of brattice (for example, plastic or jute).

(5) Weight of finished product.

(6) Film: type, weight, thickness, supplier, supplier’s stock number or designation, and percent of finished product by weight.

(7) Scrim: Type, denier, weight, weave, the supplier, supplier's stock number or designation, and percent of finished product by weight,

(8) Adhesive: type, supplier, supplier’s stock number or designation, and percent of finished product by weight.

(b) Flexible ventilation tubing. Applications shall include the product description information in paragraph (a) of this section and list the type of supporting structure, if applicable: inside diameters; and configurations.

(c) Rigid ventilation tubing. A single application may address two or more products if the products differ only in diameters, lengths, configuration, or average wall thickness. Applications shall include the following information:

(1) Trade name.

(2) Product designations (for example, style and code numbers).

(3) Color.

(4) Type of ventilation tubing (for example, fiberglass, plastic, or polyethylene).

(5) Inside diameter, configuration, and average wall thickness.