30 CFR § 74.5
Conduct of tests; demonstrations.
Prior to the issuance of a certificate of approval, only personnel of MSHA
and National Institute for Occupational Safety and Health, representatives of
the applicant, and such other persons as may be mutually agreed upon may
observe the tests conducted. The MSHA and the National Institute for
Occupational Safety and Health shall hold as confidential, and shall not
disclose, principles of patentable features prior to certification, nor shall
MSHA or Institute disclose any details of the applicant's drawings or
specifications or other related material. After the issuance of a certificate
of approval, MSHA or the National Institute for Occupational Safety and
Health may conduct such public demonstrations and tests of the approved coal
mine dust personal sampler unit as MSHA or Institute deems appropriate. The
conduct of all investigations, tests, and demonstrations shall be under the
sole direction of the National Institute for Occupational Safety and Health
and MSHA and any other persons shall be present only as observers.
[35 FR 4326, Mar. 11, 1970, as amended at 37 FR 26712, Dec. 15, 1972]