(a) Application for permit. An application for a permit to use experimental electric face equipment in a gassy mine or tunnel will be considered only when submitted by the user of the equipment. The user shall submit a written application to the Assistant Secretary of Labor for Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452, and send a copy to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.

(b) Requirements—(1) Constructional.

(i) Experimental equipment shall be so constructed that it will not constitute a fire or explosion hazard.

(ii) Enclosures designed as explosion-proof, unless already certified, or components of previously approved (permissible) machines, shall be submitted to MSHA for inspection and test and shall meet the applicable design requirements of subpart B of this part. Components designed as intrinsically safe also shall be submitted to MSHA for investigation.

(iii) MSHA may, at its discretion, waive the requirements for detailed drawings of component parts, inspections, and tests provided satisfactory evidence is submitted that an enclosure has been certified, or otherwise accepted by a reputable testing agency whose standards are substantially equivalent to those set forth in subpart B of this part.

(2) Specifications. The specifications for experimental equipment shall include a layout drawing (see Figure 1 in Appendix II) or photograph(s) with the components, including overcurrent-protective device(s) with setting(s) identified thereon or separately; a wiring diagram; and descriptive material necessary to insure safe operation of the equipment. Drawings already filed with MSHA need not be duplicated by the applicant, but shall be properly identified.

(c) Final inspection. Unless equipment is delivered to MSHA for investigation, the applicant shall notify the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, when and where the experimental equipment will be ready for inspection by a representative of MSHA before installing it on a trial basis. Such inspection shall be completed before a permit will be issued.

(d) Issuance of permit. When the inspection discloses full compliance with the applicable requirements of this subpart, the Assistant Secretary will issue a permit sanctioning the operation of a single unit in a gassy mine or tunnel, as designated in the application. If the applicant is not the assembler of the equipment, a copy of the permit also may be sent to the assembler.

(e) Duration of permit. A permit will be effective for a period of 6 months. For a valid reason, to be stated in a written application, the Administrator of MSHA may grant an extension of a permit for an additional period, not exceeding 6 months. Further extension will be granted only where, after investigation, the Assistant Secretary finds that for reasons beyond the control of the user, it has not been possible to complete the experiment within the period covered by the extended permit.

(f) Permit label. With the notification granting a permit, the applicant will receive a photographic copy of a permit label bearing the following:

(1) Emblem of the Mine Safety and Health Administration.

(2) Permit number.

(3) Expiration date of the permit.

(4) Name of machine.

(5) Name of the user and mine or tunnel.

The applicant shall attach the photographic copy of the permit label, or replica thereof, to the experimental equipment. If a photograph is used, a clear plastic covering shall be provided for it.

(g) Withdrawal of permit. The Assistant Secretary may rescind, for cause, any permit granted under this subpart.

[33 FR 4660, Mar. 19, 1968, as amended at 43 FR 12314, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35693, July 11, 1995; 67 FR 38384, June 4, 2002; 73 FR 52211, Sept. 9, 2008; 80 FR 52985, Sept. 2, 2015]