[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR71.201]

[Page 430]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES--Table of Contents
 
                     Subpart C--Sampling Procedures
 
Sec. 71.201  Sampling; general requirements.

    Authority: 30 U.S.C. 811, 813(h), and 957.

    Source: 45 FR 80757, Dec. 5, 1980, unless otherwise noted.


    (a) Each operator shall take respirable dust samples of the 
concentration of respirable dust in the active workings of the mine as 
required by this part with a sampling device approved by the Secretary 
and the Secretary of Health and Human Services under part 74 (Coal Mine 
Dust Personal Sampler Units) of this title.
    (b) Sampling devices shall be worn or carried directly to and from 
the designated work position to be sampled and shall remain operational 
during the entire shift or for 8 hours, whichever time is less.
    (c) Upon request from the District Manager, the operator shall 
submit the date on which collecting any respirable dust samples required 
by this part will begin.
    (d) During the time for abatement fixed in a citation for violation 
of Sec. 71.100 (Resipirable dust standard) or Sec. 71.101 (Respirable 
dust standard when quartz is present), the operator shall take 
corrective action to lower the concentration of respirable dust to 
within the permissible concentration and then sample each normal work 
shift until five valid respirable dust samples are taken.
    (e) Upon written request by the operator, the District Manager may 
waive the rain restriction for a normal work shift as defined in 
Sec. 71.2 (Definitions) for a period not to exceed two months, if the 
District Manager determines that:
    (1) The operator will not have reasonable opportunity to complete 
the respirable dust sampling required by this part without the waiver 
because of the frequency of rain; and
    (2) The operator did not have reasonable opportunity to complete the 
respirable dust sampling required by this part prior to requesting the 
waiver.