[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR35.12]



[Page 172-173]

 

                       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.  35.12  Changes after certification.



    If an applicant desires to change any specification or 

characteristic of a certified hydraulic fluid, he shall first obtain 

MSHA's approval of the change, pursuant to the following procedures:

    (a)(1) Application shall be made, as for an original certificate of 

approval, requesting that the existing certification be extended to 

cover the proposed change. The application shall be accompanied by 

specifications and related material as in the case of an original 

application.

    (2) Where the applicant for approval has used an independent 

laboratory under part 6 of this chapter to perform, in whole or in part, 

the necessary testing and evaluation for approval of changes to an 

approved product under this part, the applicant must provide to MSHA as 

part of the approval application:

    (i) Written evidence of the laboratory's independence and current 

recognition by a laboratory accrediting organization;

    (ii) Complete technical explanation of how the product complies with 

each requirement in the applicable MSHA product approval requirements;

    (iii) Identification of components or features of the product that 

are critical to the safety of the product; and

    (iv) All documentation, including drawings and specifications, as 

submitted to the independent laboratory



[[Page 173]]



by the applicant and as required by this part.

    (b) The application and related material(s) will be examined by MSHA 

to determine whether testing of the modified hydraulic fluid will be 

required. Testing will be necessary if there is a possibility that the 

modification may affect adversely the performance characteristics of the 

fluid. MSHA will inform the applicant in writing whether such testing is 

required.

    (c) If the proposed modification meets the requirements of this 

part, a formal extension of certification will be issued, accompanied by 

a list of new and corrected specifications to be added to those already 

on file, as the basis for the extension of certification.



[Schedule 30, 24 FR 10201, Dec. 17, 1959, as amended at 52 FR 17515, May 

8, 1987; 68 FR 36422, June 17, 2003]