(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 §71.100 (Resipirable dust standard) or
§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
§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.
