[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: 30CFR35.6]



[Page 170-171]

 

                       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.  35.6  Application procedures and requirements.



    (a)(1) No investigation or testing will be undertaken by MSHA except 

pursuant to a written application accompanied by all descriptions, 

specifications, test samples, and related materials. The application and 

all related matters and correspondence shall be addressed 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. Fees calculated in accordance with 

part 5 of this title shall be submitted in accordance with Sec.  5.40.

    (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 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 by the applicant and as required 

by this part.

    (3) An applicant may request testing and evaluation to non-MSHA 

product safety standards which have been determined by MSHA to be 

equivalent, under Sec.  6.20 of this chapter, to MSHA's product approval 

requirements under this part.

    (b) Descriptions and specifications shall be adequate in detail to 

identify fully the composition of the hydraulic fluid and to disclose 

its characteristics. Descriptions and specifications shall include:

    (1) An identifying name or number of the fluid or concentrate for 

the production thereof.

    (2) Pour point, [deg]F.; freezing point, [deg]F.; color; 

neutralization number or pH; viscosity at 100 [deg]F., 150 [deg]F., 175 

[deg]F. (Saybolt or Furol); viscosity index; specific gravity.

    (3) A statement of the water or other vehicle content in percent by 

weight or volume and how it affects fire resistance of the hydraulic 

fluid. If water is the vehicle, the statement shall include the 

applicant's method for determining water content quickly in the field.

    (c) The application shall state whether the fluid submitted for test 

is toxic or irritating to the skin and what precautions are necessary in 

handling it.

    (d) The application shall state that the applicant has tested the 

fluid



[[Page 171]]



which he believes to have fire-resistant properties, the basis for such 

determination, and submit with his application the data resulting from 

the applicant's use or laboratory tests to determine the fire-resistant 

properties of the fluid.

    (e) The application shall contain evidence that the fluid has 

lubricating and hydraulic properties and is satisfactory for use in 

underground mining machinery; and shall state that the fluid, or 

concentrate for the production thereof, is fully developed and is of the 

composition that the applicant believes to be a suitable marketable 

product.

    (f) The application shall state the nature, adequacy, and continuity 

of control of the constituents of the fluid to maintain its fire-

resistant characteristics and how each lot will be sampled and tested to 

maintain its protective qualities. MSHA reserves the right to have its 

qualified representative(s) inspect the applicant's control-test 

equipment, procedures, and records, and to interview the personnel who 

conduct the control tests to satisfy MSHA that the proper procedure is 

being followed to insure that the fire-resistant qualities of the 

hydraulic fluid are maintained.

    (g) When MSHA notifies the applicant that the application will be 

accepted, it will also notify him as to the number of samples and 

related materials that will be required for testing. Ordinarily a 5-

gallon sample of hydraulic fluid will be required provided that it is a 

finished product or, if in concentrate form, enough shall be furnished 

to make a 5-gallon sample when mixed with water or other vehicle 

according to the applicant's instructions. All samples and related 

materials required for testing must be delivered (charges prepaid) to 

Approval and Certification Center, RR 1, Box 251, Industrial Park Road, 

Triadelphia, WV 26059.



[Sched. 30, 24 FR 10201, Dec. 17, 1959, as amended at 43 FR 12317, Mar. 

24, 1978; 60 FR 35694, July 11, 1995; 68 FR 36422, June 17, 2003; 70 FR 

46344, Aug. 9, 2005]