§ 26.14 Conduct of investigations and demonstrations. Prior to the issuance of a certificate of approval, necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon, may observe the investigations or tests. After the issuance of a certificate of approval, MSHA may conduct such public demonstrations and tests of the approved system as it sees fit. The conduct of all investigations, tests, and demonstrations shall be under the sole direction and control of MSHA, and any other persons shall be present only as observers. MSHA shall hold as confidential and shall not disclose the results of chemical analyses of material or the contents of the application and its accompanying drawings, specifications, and related material. [Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 39 FR 24002, June 28, 1974] § 26.15 Certificate of approval for permissibility. (a) Upon completion of investigation of a lighting system, MSHA will issue to the applicant either a certificate of approval for permissibility or a written notice of disapproval, as the case may require. If a certificate of approval for permissibility is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will hold as confidential results of tests that terminate in a notice of disapproval. (b) A certificate of approval for permissibility will be accompanied by a list of the drawings and specifications covering the details of design and construction of the lighting system upon which the certificate is based, and with the official approval number marked thereon. Applicants shall keep exact duplicates of the drawings and specifications that have been submitted to MSHA and that relate to any system which has received a certificate of approval, and these are to be adhered to exactly in production of the approved system for commercial purposes. § 26.16 Certification of components. (a) Upon completion of investigation of a component intended for use in a permissible lighting system, MSHA will issue a letter of certification to the applicant, or a written notice of disapproval, as the case may require. If a letter of certification is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will hold as confidential results of tests that terminate in a notice of disapproval. (b) Letters certifying components may be cited to manufacturers or assemblers of permissible lighting systems as evidence that further inspection and tests of the components will not be required, provided they are constructed strictly in accordance with the specifications on file with MSHA. Such letters will specify a MSHA file number to be used in marketing a certified component, as indicated in paragraph (a) of § 26.18. Since MSHA does not issue certificates of approval for permissibility except as applying to complete lighting systems, no person shall advertise or label components in a manner indicating that such components are certified as approved for permissibility by MSHA. Certified components may be advertised as suitable for application in permissible lighting systems. $26.17 Approval plate for permissible lighting systems. (a) A certificate of approval for permissibility will be accompanied by a photograph of a design for an approval plate, bearing the emblem of the Mine Safety and Health Administration, space for the approval number, the type, the serial number, the class of device to which the approval relates, and the name of the applicant. When deemed necessary by MSHA, an appropriate statement of the precautions to be observed in maintaining the system in an approved condition shall be added. (b) The applicant shall reproduce the design either as a separate plate or by stamping or molding it in some suitable place on each lighting fixture of a certified system. The size, type, method of attaching and location of approval plates are subject to the approval of MSHA. The method of affixing the plate shall not impair the explosion-proof or explosion-resistant features of any enclosure. (c) The approval plate identifies the lighting system as permissible, and is the applicant's guarantee that the system complies with the specifications and requirements in this part. Without an approval plate, no lighting system is considered "permissible" under the provisions of this part. (d) Use of the approval plate obligates the applicant to maintain the quality of the system which bears it, and guarantees that it is manufactured and assembled according to the drawings and specifications upon which a certificate of approval was based. Use of the approval plate is not authorized except on systems that conform strictly with the drawings and specifications upon which the certificate of approval was based. [Sched. 29A, 23 FR 9479, Dec. 6, 1958, as amended at 43 FR 12316, Mar. 24, 1978] MSHA's approval of the change, pursuant to the following procedures: (a) Application shall be made, as for an original certification, requesting that the existing certification be extended to cover the proposed change. The application shall be accompanied by drawings and specifications and related material as in the case of an original application. (b) The application will be examined by MSHA to determine whether inspection and testing of the modified system or component will be required. Generally, inspection and testing will be necessary if there is a possibility that the modification may affect adversely the performance of the system or component. MSHA will inform the applicant whether such inspection and testing is required and the parts or materials to be submitted for that purpose. (c) If the proposed proposed modification meets the requirements and specifications of this part, a formal extension of the certification will be issued accompanied by a list of new and corrected drawings and specifications to be added to those already on file as the basis for the certificate. [Schedule 29A, 23 FR 9479, Dec. 6, 1958, as amended at 52 FR 17515, May 8, 1987] Subpart B-Construction and Design 27.20 Quality of material, workmanship, and design. 27.21 Methane-monitoring system. 27.22 Methane detector component. 27.23 Automatic warning device. 27.24 Power-shutoff component. Subpart C-Test Requirements 27.30 Inspection. 27.31 Testing methods. 27.32 Tests to determine performance of the system. 27.33 Tests to determine explosion-proof construction. 27.34 Test for intrinsic safety. 27.35 Tests to determine life of critical components and subassemblies. 27.36 Test for adequacy of electrical insulation and clearances. 27.37 Tests to determine adequacy of safety devices for bulbs. 27.38 Tests to determine adequacy of windows and lenses. 27.39 Tests to determine resistance to vibration. 27.40 Test to determine resistance to dust. 27.41 Tests to determine resistance to moisture. AUTHORITY: 30 U.S.C. 957, 961. SOURCE: 31 FR 10607, Aug. 9, 1966, unless otherwise noted. Subpart A-General Provisions § 27.1 Purpose. The regulations in this part set forth the requirements for methane-monitoring systems or components thereof to procure certification for their incorporation in or with permissible equipment that is used in gassy mines, tunnels, or other underground workings and procedures for applying for such certification. [31 FR 10607, Aug. 9, 1966, as amended at 52 FR 17515, May 8, 1987] § 27.2 Definitions. As used in this part: (a) MSHA means the United States Department of Labor, Mine Safety and Health Administration. (b) Applicant means an individual, partnership, company, corporation, association, or other organization that designs, manufactures, or assembles and that seeks certification or prelimi nary testing of a methane-monitoring system or component. (c) Methane-monitoring system means a complete assembly of one or more methane detectors and all other components required for measuring and signalling the presence of methane in the atmosphere of a mine, tunnel, or other underground workings, and shall include a power-shutoff component. (d) Methane detector means a component for a methane-monitoring system that functions in a gassy mine, tunnel, or other underground workings to sample the atmosphere continuously and responds to the presence of methane. (e) Power-shutoff component means a component of a methane-monitoring system, such as a relay, switch, or switching mechanism, that will cause a control circuit to deenergize a machine, equipment, or power circuit when actuated by the methane detector. (f) Flammable mixture means a mixture of a gas, such as methane, natural gas, or similar hydrocarbon gas with normal air, that can be ignited. (g) Gassy mine or tunnel means a mine, tunnel, or other underground workings in which a flammable mixture has been ignited, or has been found with a permissible flame safety lamp, or has been determined by air analysis to contain 0.25 percent or more (by volume) of methane in any open workings when tested at a point not less than 12 inches from the roof, face, or rib. (h) Letter of certification means a formal document issued by MSHA stating that a methane-monitoring system or subassembly or component thereof: (1) Has met the requirements of this part, and (2) Is certified for incorporation in or with permissible or approved equipment that is used in gassy mines and tunnels. (i) Component means a part of a methane-monitoring system that is essential to its operation as a certified methane-monitoring system. (j) Explosion-proof means that a component or group of components (subassembly) is so constructed and protected by an enclosure with or without a flame arrester(s) that, if a flammable mixture of gas is ignited within the enclosure, it will withstand the resultant pressure without damage to the enclosure and/or flame arrester(s). Also the enclosure and/or flame arrester(s) shall prevent the discharge of flame from within either the enclosure or the flame arrester, or the ignition of any flammable mixture that surrounds the enclosure and/or flame arrester.1 (k) Normal operation means that performance of each component as well as of the entire assembly of the methanemonitoring system is in conformance with the functions for which it was designed and for which it was tested by MSHA. (1) Flame arrester means a device so constructed that it will prevent propagation of flame or explosion from within the unit of which it is part to a surrounding flammable mixture. (m) Intrinsically safe equipment and circuitry means equipment and circuitry that are incapable of releasing enough electrical or thermal energy under normal or abnormal conditions to cause ignition of a flammable mixture of the most easily ignitable composition. (n) Fail safe means that the circuitry of a methane-monitoring system shall be so designed that electrical failure of 179-116 D-98--6 tion and no written report thereof will be made to the applicant. [31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July, 11, 1995] § 27.4 Applications. (a) No investigation or testing for certification will be undertaken by MSHA except pursuant to a written application, in duplicate, accompanied by all drawings, specifications, descriptions, and related materials and also a check, bank draft, or money order, payable to U.S. Mine Safety and Health Administration, to cover the fees. The application and all related matters and correspondence concerning it shall be addressed to 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 all components and subassemblies that are submitted for investigation, and shall include wiring and block diagrams. All drawings shall include title, number, and date; any revision dates and the purpose of each revision shall also be shown on the drawing. (c) For a complete investigation leading to certification, the applicant shall furnish all necessary components and material to MSHA. MSHA reserves the right to require more than one of each component, subassembly, or assembly for the investigation. Spare parts and expendable components, subject to wear in normal operation, shall be supplied by the applicant to permit continuous operation during test periods. The applicant shall furnish special tools necessary to assemble or disassemble any component or subassembly for inspection or test. (d) The applicant shall submit a plan of inspection of components at the place of manufacture or assembly. The applicant shall furnish to MSHA a copy of any factory-inspection form or equivalent with the application. The form shall direct attention to the points that must be checked to make certain that all components or subassemblies of the complete assembly are in proper condition, complete in all respects, and in agreement with the drawings, specifications, and descriptions filed with MSHA. (e) The applicant shall furnish to MSHA complete instructions for operating the assembly and servicing components. After completion of MSHA's investigation, and before certification, if any revision of the instructions is required, a revised copy thereof shall be submitted to MSHA for inclusion with the drawings and specifications. [31 FR 10607, Aug. 9, 1966, as amended at 43 FR 12316, Mar. 24, 1978; 60 FR 35694, July, 11, 1995] $27.5 Letter of certification. (a) Upon completion of investigation of a methane-monitoring system, or component or subassembly thereof, MSHA will issue to the applicant either a letter of certification or a written notice of disapproval, as the case may require If a letter of certification is issued, no test data or detailed results of tests will accompany it. If a notice of disapproval is issued, it will be accompanied by details of the defects, with a view to possible correction. MSHA will not disclose except to the applicant or his authorized representative, any information because of which a notice of disapproval has been issued. (b) A letter of certification will be accompanied by an appropriate cautionary statement specifying the conditions to be observed for operating and maintaining the device(s) and to preserve its certified status. § 27.6 Certification of components. In accordance with § 27.4, manufacturers of components may apply to MSHA to issue a letter of certification. To qualify for certification, electrical components shall conform to the prescribed inspection and test requirements and the construction thereof shall be adequately covered by specifications officially recorded and filed with MSHA. Letters of certification may be cited to fabricators of equipment intended for use in a certified methane-monitoring system system as evidence that further inspection and test of the components will not be required. § 27.9 Date for conducting tests. The application, payment of necessary fees, and submission of required material will determine the order of precedence for testing when more than one application is pending. The applicant will be notified of the date on which tests will begin. NOTE: If an assembly, subassembly, or component fails to meet any of the requirements, testing of it may be suspended and other items may be tested. However, if the cause of failure is corrected, testing will be resumed after completing such other test work as may be in progress. § 27.10 Conduct of investigations, tests, and demonstrations. MSHA shall hold as confidential and shall not disclose principles or patentable features, nor shall it disclose any details of drawings, specifications, or related materials. The conduct of all investigations, tests, and demonstrations shall be under the direction and control of MSHA, and any other persons shall be present only as observers, except as noted in paragraph (b) of this section. (a) Prior to the issuance of a letter of certification, necessary Government |