PART 22—PORTABLE METHANE DETECTORS Authority: 30 U.S.C. 957, 961. Source: Schedule 8C, Oct. 31, 1935, unless otherwise noted. § 22.0 Compliance with the requirements necessary for obtaining approval. To receive approval of MSHA for any portable methane detectors a manufacturer must comply with the requirements specified in this part. § 22.1 Purpose. (a) The purpose of investigations under this part is to provide portable methane detectors that may be safely used in mines. Lists of such detectors will be published from time to time in order that State mine-inspection departments, compensation bureaus, mine operators, miners, and others interested in safe equipment for mines may have information in regard to permissible methane detectors. This part supersedes Schedule 8B, issued under date of November 17, 1926, and goes into effect October 31, 1935. (b) Any methane detector that meets the requirements set forth in this part will be termed permissible by MSHA and if actively marketed will be listed as such in publications relating to permissible mining equipment. § 22.2 Definitions. (a) Methane detector. (b) Methane-indicating detector. (c) Permissible. [Sched. 8C, Oct. 31, 1955, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955] § 22.3 [Reserved] § 22.4 Application procedures and requirements. (a) Before MSHA will undertake an active investigation leading to approval of any methane detector, the applicant shall make application by letter for an investigation leading to approval of the detector. This application shall be sent to: U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, together with the required drawings, one complete detector, and instructions for its operation. Fees calculated in accordance with part 5 of this title shall be submitted in accordance with § 5.40. (b) 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: (1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization; (2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements; (3) Identification of components or features of the product that are critical to the safety of the product; and (4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by this part. (c) An applicant may request testing and evaluation to non-MSHA product safety standards which have been determined by MSHA to be equivalent, under § 6.20 of this chapter, to MSHA's product approval requirements under this part. [68 FR 36420, June 17, 2003, as amended at 70 FR 46343, Aug. 9, 2005; 70 FR 48872, Aug. 22, 2005; 73 FR 52212, Sept. 9, 2008] § 22.5 Conditions governing investigations. (a) One complete detector, with assembly and detail drawings that show the construction of the device and the materials of which it is made, should be forwarded prepaid to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, at the time the application for tests is made. (b) When this has been inspected by MSHA, the applicant will be notified as to the amount of material that will be required for the tests. The manufacturer will be notified of the date on which the tests will be started and will be given an opportunity to witness the tests. (c) Observers at formal investigations and demonstrations. [Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955; 43 FR 12315, Mar. 24, 1978; 60 FR 35694, July 11, 1995; 73 FR 52212, Sept. 9, 2008] § 22.6 General requirements. Methane detectors approved under this part shall be portable. They shall be durable in construction, practical in operation, and suitable for service conditions underground. They shall offer no probable explosion hazard if used in gaseous mine atmospheres nor any bodily hazard, such as spilling of battery electrolyte. They shall exhibit under laboratory test conditions various requirements of minimum performance that are specified in this part. § 22.7 Specific requirements. (a) Design. (b) Safety against explosion hazard Detectors. (2) Seals or locks. (3) Glasses. (4) Battery. (5) Detectors of the flame type. (c) Safety against bodily hazard. (1) Spilling of electrolyte. (2) Corrosion of battery container. (d) Performance. (1) Detectors. (ii) The average number of determinations that may be made in approximately 2-percent methane mixtures without recharging a battery or replacing a chemical accessory shall not be less than 25, and the average number of such determinations that may be made without replacing any other part shall be not less than 100. (2) Indicating detectors. Allowable Variations in Scale Reading [In percent] Methane in mixtures Minimum indication Maximum indication 0.25 0.10 0.40 .50 .35 .65 1.00 .80 1.20 2.00 1.80 2.20 3.00 2.70 3.30 4.00 3.70 4.30 (i) Tests shall be made at several percentages within the range of the indicating detector and at temperatures between the limits of 50° and 70 °F. by increments of 5°. Ten determinations shall be made at each percentage. Neither the average of the 10 readings nor more than 2 readings for each percentage shall exceed the limits of error given in the table. (ii) The average number of determinations that may be made with an indicating detector without replacement of any part shall be not less than 30, and the average number that may be made without recharging the battery shall be not less than 15. (iii) The scale shall not be subdivided into smaller divisions than the general accuracy of the indicating detector warrants. (3) Mechanical strength. (e) Attachments for illumination. § 22.8 Material required for MSHA records. In order that MSHA may know exactly what it has tested and approved, it keeps detailed records covering each investigation. These records include drawings and actual equipment as follows: (a) Drawings. (b) Actual equipment. § 22.9 How approvals are granted. All approvals are granted by official letter from MSHA. A detector will be approved under this part only when the testing engineers have judged that it has met the requirements of the schedule and MSHA's records are complete, including drawings from the manufacturer that show the detector as it is to be commercially made. No verbal reports of the investigation will be given and no informal approvals will be granted. As soon as the manufacturer has received the formal approval, he shall be free to advertise his detector as permissible. [Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955] § 22.10 Approval plate. (a) Attachment to be made by manufacturers. Permissible Methane Detector (or Permissible Methane Indicating Detector) Approval No. ______ issued to the ______________ Company. (2) When deemed necessary, an appropriate caution statement shall be added. The size and position of the approval plate shall be satisfactory to MSHA. (b) Purpose of approval plate. (c) Use of approval plate. (d) Withdrawal of approval. [Sched. 8C, Oct. 31, 1935, as amended at 43 FR 12315, Mar. 24, 1978] § 22.11 Instructions on handling future changes in design. All approvals are granted with the understanding that the manufacturer will make the detector according to the drawings submitted to MSHA which have been considered and included in the approval. Therefore, when the manufacturer desires to make any changes in the design, the manufacturer should first obtain MSHA's approval of the change. The procedure is as follows: (a)(1) The manufacturer must write to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059, requesting an extension of the original approval and stating the change or changes desired. With this request, the manufacturer should submit a revised drawing or drawings showing changes in detail, together with one of each of the parts affected. (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 by the applicant and as required by this part. (b) MSHA will consider the application and inspect the drawings and parts to determine whether it will be necessary to make any tests. (c) If no tests are necessary, the applicant will be advised of the approval or disapproval of the change by letter from MSHA. (d) If tests are judged necessary, the applicant will be advised of the material that will be required. [Sched. 8C, Oct. 31, 1935, as amended by Supp. 1, 20 FR 2575, Apr. 19, 1955; 43 FR 12315, Mar. 24, 1978; 52 FR 17514, May 8, 1987; 60 FR 35694, July 11, 1995; 68 FR 36420, June 17, 2003; 73 FR 52212, Sept. 9, 2008]