
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR7]

[Page 13-16]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 7--TESTING BY APPLICANT OR THIRD PARTY--Table of Contents
 
Subpart A--General

Sec. 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.

Sec. 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 a 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 adverse effect on safety 
and for which testing or inspection is required prior to shipment to 
ensure conformity with the technical requirements under which the 
approval was issued.
    Extention 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

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the approval marking after the appropriate extension number has 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, as 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 FR 25569, July 7, 1988]

Sec. 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 Sec. 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 
representative responsible for answering any questions regarding the 
application;
    (4) If appropriate, a 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 as 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 proposed change to the previously 
approved product;
    (3) Drawings and specifications which show the change in detail;
    (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;
    (5) The place and date for product testing, if testing will be 
conducted; and
    (6) The name, address, 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, as specified in the 
appropriate subpart, and that the applicant will perform the quality 
assurance functions specified in Sec. 7.7. For a 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.

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    (2) After completion of the required product testing, the applicant 
shall certify that the product has 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.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]

Sec. 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 
unless 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, test instruments 
shall be calibrated at least as frequently as, and according to, the 
instrument manufacturer's specifications, using calibration standards 
traceable to those set by the National Bureau of Standards, U.S. 
Department of Commerce or other nationally recoginzed 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 MSHA 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.

[53 FR 23500, June 22, 1988; 53 FR 25569, July 7, 1988; 60 FR 33722, 
June 29, 1995]

Sec. 7.5  Issuance of approval.

    (a) An applicant shall not advertise or otherwise represent a 
product as approved until MSHA has issued the applicant an 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.

Sec. 7.6  Approval marking and distribution record.

    (a) Each approved product shall have an approval marking, as 
specified in the appropriate subpart of this part.
    (b) For an 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 an approval marking. The record retention period shall be at 
least the expected shelf life and service life of the product.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]

Sec. 7.7  Quality assurance.

    Applicants granted an approval or an 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, using 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 as 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.

[53 FR 23500, June 22, 1988, as amended at 60 FR 33722, June 29, 1995]

Sec. 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 was based. Any approved product 
which is to be audited

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shall be selected by MSHA and be representative of those distributed for 
use in mines. The approval-holder may obtain any 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 upon which the approval was based.

Sec. 7.9  Revocation.

    (a) MSHA may revoke for cause an approval issued under this part if 
the product:
    (1) 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 be 
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) Upon request, the approval-holder shall be afforded an 
opportunity for a hearing.
    (d) If a product poses 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.
