[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: 30CFR71.209]

[Page 433-434]
 
                       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. 71.209  Respirable dust samples; transmission by operator.

    (a) The operator shall transmit within 24 hours after the end of the 
sampling shift all samples collected to fulfill the requirements of this 
part in containers provided by the manufacturer of the filter cassette 
to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health 
Technology Center, Cochran Mill Road, Building 38, P.O. Box 18179, 
Pittsburgh, Pennsylvania 15236-0179, or to any other address designated 
by the District Manager.
    (b) The operator shall not open or tamper with the seal of any 
filter cassette or alter the weight of any filter cassette before or 
after it is used to fulfill the requirements of this part.
    (c) A person certified in accordance with Sec. 71.202 (Certified 
person; sampling) shall properly complete the dust data card that is 
provided by the manufacturer for each filter cassette. The card shall 
have an identification number identical to that on the cassette used to 
take the sample and be submitted to MSHA with the sample. Each card 
shall be signed by the certified person and shall include that person's 
certification number. Respirable dust samples with data cards not 
properly completed will be voided by MSHA.
    (d) All respirable dust samples collected by the operator shall be 
considered taken to fulfill the sampling requirements of part 70, 71 or 
90 of this title, unless the sample has been identified in writing by 
the operator to the District Manager, prior to the intended sampling 
shift, as a sample to be used for purposes other than required by part 
70, 71 or 90 of this title.

[[Page 434]]

    (e) Respirable dust samples received by MSHA in excess of those 
required by this part shall be considered invalid samples.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 80756, Dec, 5, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 58 
FR 63529, Dec. 2, 1993; 60 FR 33723, June 29, 1995; 60 FR 35695, July 
11, 1995]