§ 29.55 - Conduct of examinations, inspections, and tests by MSHA; assistance by applicants; observers; recorded data; public demonstrations.

(a) All examinations, inspections, and tests conducted by MSHA pursuant to Subparts G and H of this part will be under the direction and control of MSHA.

(b) MSHA may as a condition of approval, require the assistance of the applicant or agents of the applicant during the assembly, disassembly, or preparation of any instrument or instrument component prior to testing or in the operation of such instrument during testing.

(c) Necessary government personnel, persons assisting MSHA pursuant to paragraph (b) of this section, and such other persons as are requested by MSHA or the applicant to be observers, shall be present during any examination, inspection or test conducted prior to the issuance of an approval by MSHA for the instrument under consideration.

(d) MSHA shall hold as confidential any analyses, drawings, specifications, or materials submitted by the applicant and shall not disclose any principles or patentable features of such equipment, except as required by statute or regulation.

(e) As a condition of each approval issued for any analyzer or detector, MSHA reserves the right, following the issuance of such approval, to conduct such public tests and demonstrations of the approved instrument as it deems appropriate.