AUTHORITY: The provisions of this Part 10 issued under sec. 5, 36 Stat. 370, as amended; 30 U.S.C. 7.

SOURCE: The provisions of this Part 10 appear at 16 F.R. 9504, Sept. 19, 1951, unless otherwise noted.

§ 10.1 Policy governing coal analyses.

The Bureau of Mines makes analyses of coals primarily on behalf of Federal agencies. However, the Bureau will make analyses of coals for a non-Federal applicant in the following instances when such work can be done without hindrance to other Bureau functions:

(a) To check laboratory techniques, methods, and results at the request of a laboratory engaged in coal analysis.

(b) In cases involving disputes where the laboratory analyses previously obtained by the parties are in conflict.

(c) In cases where non-Federal applicants are investigating coal deposits by core drilling and other geologic methods, provided the data from such investigations are to be published, either by the Bureau or the applicant.

(d) In any other cases which the Director, Bureau of Mines, determines to be in the public interest.

Mines Revision of Technical Paper 133 (1950), "Handbook on Coal Sampling", by N. H. Snyder.) Samples should be sent, transportation charges prepaid, to the Regional Director, Region V, Bureau of Mines, Central Experiment Station, 4800 Forbes Avenue, Pittsburgh, Pa., 15213. coal Each sample of should be accompanied by identification showing the name of the applicant, the name of the coal bed and of the mine from which the coal came, the exact location where the sample originated in case of mine or core drill sample, the place of delivery in case of a sample of delivered coal, the State and county in which the mine (or coal bed in case of core drill sample) is located, and the shipping point or town nearest the mine or drill site.

(b) Every non-Federal applicant except a State governmental agency must pay the fees specified in § 10.4 by check, bank draft, or money order payable to the order of the Treasurer of the United States. All fees should be transmitted to the Regional Director, Region V, Bureau of Mines, Central Experiment Station, 4800 Forbes Avenue, Pittsburgh, Pennsylvania, 15213.

[16 F. R. 9504, Sept. 19, 1951, as amended at 19 F. R. 3006, May 25, 1954] § 10.4

Fees.

§ 11.1

Definition of "permissible.”

The Bureau of Mines considers a selfcontained breathing apparatus to be permissible for use in irrespirable and poisonous gases if all the details of construction and materials are the same in all respects as those of a self-contained breathing apparatus that has passed the tests for safety, practicability, and efficiency in accordance with standards established by the Bureau and described in this part.

§ 11.2 Conditions under which apparatus will be tested.

The conditions under which the Bureau of Mines will examine and test a self-contained breathing apparatus to establish its permissibility follow:

(a) (1) Application for inspection, examination, and testing shall be made in duplicate to the Central Experiment Station, Bureau of Mines. 4800 Forbes Avenue, Pittsburgh, Pa., 15213, and shall be accompanied by (i) a check, bank draft, or money order (see § 11.3) payable to the order of the United States Bureau of Mines; (ii) a complete written description of the apparatus in duplicate; and (iii) a set of drawings in duplicate

(b) The examination, inspection, and test shall be made at the Central Experiment Station, Bureau of Mines, Pittsburgh, Pa.

(c) The applicant, submitting the self-contained breathing apparatus for inspection, examination, and test, will be required to provide two sets of apparatus, prepaid to the Central Experiment Station, Bureau of Mines, 4800 Forbes Avenue, Pittsburgh, Pa., 15213. If the apparatus successfully passes all the tests and requirements specified in this section, one set of the apparatus will be retained by the Bureau of Mines as a laboratory exhibit and the other set will be returned to the applicant. If the apparatus does not pass all of the Bureau's tests or requirements, both sets of apparatus will be returned to the applicant at his expense.

(d) Each self-contained breathing apparatus submitted for test shall have marked on it in a distinct manner the name and address of the manufacturer and the name, letter, or number by which the apparatus is designated for trade purposes.

(e) (1) For tests of self-contained oxygen breathing apparatus utilizing a supply of compressed gaseous oxygen, the oxygen will be supplied by the Bureau of Mines and will be of the purity specified in contracts by the Bureau for use in its own self-contained

breathing apparatus, namely, at least 98 percent oxygen and the remainder nitrogen. The applicant shall supply such regenerators or regenerating materials as are necessary to operate the apparatus during the tests as hereinafter described.

(2) For tests of self-contained breathing apparatus utilizing a supply of compressed air, the applicant shall supply the compressed air (in suitable containers) necessary in making the hereafter described tests. The compressed air shall not contain any amount of gaseous, liquid, or solid substance that is harmful to a wearer of the apparatus under any condition of use. The applicant shall furnish a written statement setting forth the method used to compress the air and the controls used to prevent contamination of the compressed air by any gaseous, liquid, or solid substance that is harmful to a human being.

(3) For tests of self-contained breathing apparatus utilizing a supply of oxygen that is generated by a chemical reaction when using the apparatus, the applicant shall supply the oxygengenerating chemicals (in suitable containers) in amounts necessary to conduct the hereafter described tests. The oxygen shall not contain any amount of gaseous, liquid, or solid substance that is harmful to a wearer of the apparatus under any condition of use. The applicant shall furnish a written statement setting forth the method by which the oxygen is generated and the chemical reaction involved for this purpose during the use of the apparatus. Furthermore, this statement shall set forth how the chemicals in the oxygen generator have been manufactured so as to prevent contamination of the oxygen by any gaseous, liquid, or solid substance in amounts or proportions harmful to a human being.

(f) On receipt of the self-contained breathing apparatus for which application has been made for examination, inspection, or test, the applicant will be notified whether the apparatus meets the requirements of these regulations and whether additional spare parts are necessary to facilitate making a proper test of the apparatus. The applicant will be required to provide additional parts, if needed, and also to alter the apparatus, if necessary.

(g) No self-contained breathing apparatus will be tested unless it is in the complete form in which it is to be marketed.

(h) As soon as possible after the formal application for the test and the apparatus to be tested have been received, the applicant will be notified of the date on which the test will begin and if any additional material is required.

(i) Tests will be made in the order of receipt of application, provided that the applicant has furnished the necessary apparatus and material.

(j) Self-contained breathing apparatus in course of development may be submitted by manufacturers and inventors for preliminary test or inspection to ascertain defective construction or misapplication of safety principles. The Bureau will determine the nature of such test or inspection and the fee, if any. If a fee is to be charged, it shall be paid before the test or inspection is undertaken.

(k) No one shall be present during any part of the formal investigation, conducted by the Bureau, that leads to approval except the necessary Government personnel, representatives of the applicant, and such other persons as may be mutually agreed upon by the applicant and the Bureau. When a self-contained breathing apparatus is approved as permissible, the Bureau will announce that such approval has been granted and may thereafter conduct from time to time, in its discretion, public demonstrations of the tests of approved self-contained breathing apparatus. Those who attend any part of the investigation, or any public demonstration, shall be present solely as observers; the conduct of the investigation and of any public demonstration shall be controlled wholly by the Bureau's personnel. The results of chemical analyses and all information contained in the drawings, specifications. and instructions shall be deemed confidential, and the Bureau will appropriately safeguard them against disclosure.

(1) Breathing apparatus will be tested for manufacturers or accredited agents of manufacturers and for inventors.

(m) The Bureau of Mines will make public from time to time a list of permissible self-contained breathing apparatus and data on tests of such equipment.

3,000

3,000

[Sched. 13D, 30 F.R. 3753, Mar. 23, 1965]

§ 11.4 General requirements.

To receive approval of the Bureau of Mines for any type of self-contained breathing apparatus described under types A, B, C, or D in the following, the apparatus must comply with the requirements specified. Four general types of self-contained breathing apparatus will be tested-type A, 2-hour; type B, 4hour; type C, 1-hour; and type D, 2hour. To be approved each type of breathing apparatus must pass satisfactorily all of the tests specified for the respective type in § 11.7. The Bureau considers that the A, 2-hour, and B, 34-hour, types are suitable for mine rescue and recovery work as auxiliary equipment only.

(a) The amount of oxygen or air supplied by the apparatus must meet the needs of the wearer at all times.

(b) The apparatus shall be free from mechanical obstructions so that the wearer can breathe freely at all times.

(c) The temperature of the inspired atmosphere shall not exceed 110° F. when the temperature of the atmosphere external to the apparatus does not

exceed 85° F. The Bureau will not test self-contained breathing apparatus when the temperature external to the apparatus exceeds 85° F. or is less than 60° F.

(d) The apparatus shall be durable in construction, and all vital parts shall be so protected as to prevent damage or excessive wear during the tests to which it will be subjected.

(e) (1) For an apparatus, equipped with a mouth-breathing device in which the expired atmosphere is recirculated and which utilizes a supply of compressed oxygen and a regenerator, the regenerating material (absorbent) shall absorb carbon dioxide from the expired atmosphere. Samples of the atmosphere within the apparatus shall be taken for analytical determination of carbon dioxide content. The atmosphere within the apparatus shall be sampled as near to the point of inspiration as practicable, only while the wearer is inhaling, over a period covering several inhalations, and at uniform intervals of time. None of the samples so taken shall contain more than 22 percent of carbon dioxide. The