PART 74—COAL MINE DUST SAMPLING DEVICES Authority: 30 U.S.C. 957. Source: 75 FR 17523, Apr. 6, 2010, unless otherwise noted. Subpart A—General § 74.1 Purpose. The regulations in this part set forth the requirements for approval of coal mine dust sampling devices for determining the concentrations of respirable dust in coal mine atmospheres; procedures for applying for such approval; test procedures; and labeling. § 74.2 Definitions. (a) Accuracy: (b) Bias: (c) Coal mine dust personal sampler unit (CMDPSU): (d) Continuous personal dust monitor (CPDM): (e) ISO: (f) Precision: Subpart B—Approval Requirements for Coal Mine Dust Personal Sampler Unit § 74.3 Sampler unit. A CMDPSU shall consist of: (a) A pump unit, (b) A sampling head assembly, and (c) If rechargeable batteries are used in the pump unit, a battery charger. § 74.4 Specifications of sampler unit. (a) Pump unit: Dimensions. (2) Weight. (3) Construction. (4) Exhaust. (5) Switch. (6) Flow rate adjustment. (7) Battery. (8) Pulsation. (ii) The quantity of respirable dust collected with a sampler unit shall be within ±5 percent of that collected with a sampling head assembly operated with nonpulsating flow. (9) Belt clips. (10) Recharging connection. (11) Flow rate indicator. (12) Flow rate range. (13) Flow rate consistency. (14) Flow restriction indicator. (15) Duration of operation. (16) Low battery indicator. (17) Elapsed time indicator. (b) Sampling head assembly. (1) Cyclone. (2) Filter assembly. (i) Filter. (ii) Capsule. (iii) Cassette. (3) Arrangement of components. 1/4 (4) Clamping of components. (5) Hose. 1/4 (c) Battery charger. Power supply. (2) Connection. (3) Protection. (4) Charge rates. § 74.5 Tests of coal mine dust personal sampler units. (a) The National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services, shall conduct tests to determine whether a CMDPSU that is submitted for approval under these regulations meets the requirements set forth in § 74.4. (b) The Mine Safety and Health Administration (MSHA), Department of Labor, will conduct tests and evaluations to determine whether the pump unit of a CMDPSU that is submitted for approval under these regulations complies with the applicable permissibility provisions of 30 CFR part 18. [75 FR 17523, Apr. 6, 2010, as amended at 89 FR 99105, Dec. 10, 2024] § 74.6 Quality control. The applicant shall describe the way in which each lot of components will be sampled and tested to maintain its quality prior to assembly of each sampler unit. In order to assure that the quality of the CMDPSU will be maintained in production through adequate quality control procedures, MSHA and NIOSH reserve the right to have their qualified personnel inspect each applicant's control-test equipment procedures and records and to interview the employees who conduct the control tests. Two copies of the results of any tests made by the applicant on the CMDPSU or the pump unit thereof shall accompany an application provided under § 74.13 of this part. Subpart C—Requirements for Continuous Personal Dust Monitors § 74.7 Design and construction requirements. (a) General requirement. (b) Ergonomic design testing. (1) The testing protocol shall specify that the tests be conducted in one or more active mines under routine operating conditions during production shifts. (2) The applicant shall submit the testing protocol, in writing, to NIOSH for approval prior to conducting such testing. (3) The applicant shall include the testing protocol and written test results in the application submitted to NIOSH as specified in § 74.13. (4) NIOSH will advise and assist the applicant, as necessary, to develop a testing protocol and arrange for the conduct of testing specified in this paragraph. (5) NIOSH may further inspect the device or conduct such tests as it deems necessary to assure the safety, comfort, practicality, and operability of the device when it is worn by coal miners in the performance of their duties. (6) NIOSH may waive the requirement for the applicant to conduct testing under paragraph (b) of this section if NIOSH determines that such testing is unnecessary to assure the safety, comfort, practicality, and operability of the device when it is worn by coal miners in the performance of their duties. (c) Maximum weight. (d) Dust concentration range. 3 3 3 (e) Environmental conditions. (1) At any ambient temperature and varying temperatures from minus 30 to plus 40 degrees centigrade; (2) At any atmospheric pressure from 700 to 1000 millibars; (3) At any ambient humidity from 10 to 100 percent relative humidity; and (4) While exposed to water mists generated for dust suppression and while monitoring atmospheres including such water mists. (f) Electromagnetic interference. (1) For emissions control, operators must follow: IEEE Std C95.1-2005, (IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz) and 47 CFR 15.1 through 15.407 (FCC Radio Frequency Devices). Persons must proceed in accordance with IEEE Std C95.1-2005 (IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz). (i) The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy from: American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036. http://www.ansi.org. (ii) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210, 202-693-9440, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (2) For immunity/susceptibility protection, operators must follow: IEC 61000-4-6, International Standard (Electromagnetic compatibility—Part 4-6: Testing and measurement techniques—Immunity to conducted disturbances, induced by radio-frequency fields), Edition 3.0, 2008-10. Persons must proceed in accordance with IEC 61000-4-6, International Standard (Electromagnetic compatibility—Part 4-6: Testing and measurement techniques—Immunity to conducted disturbances, induced by radio-frequency fields), Edition 3.0, 2008-10. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (i) Persons may obtain a copy from the International Electrotechnical Commission at the address provided below: International Electrotechnical Commission, IEC Central Office, 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland. http://www.standardsinfo.net. (ii) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210, 202-693-9440, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (g) Durability testing. Vibration Mil-Std-810F, 514.5 U.S. Highway Vibration, Restrained Figure 514.5C-1 1 Hours/Axis, 3 Axis; Total Duration = 3 Hrs, equivalent to 1,000 miles. Drop 3-foot drop onto bare concrete surface In standard in-use configuration 1 drop per axis (3 total). (1) Persons must proceed in accordance with Mil-Std-810F, 514.5, Department of Defense Test Method for Environmental Engineering Considerations and Laboratory Tests, 1 January 2000. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy from the U.S. Department of Defense at the address provided below. ASC/ENOI, Bldg. 560, 2530 Loop Road West, Wright-Patterson AFB OH 45433-7101. http://www.dtc.army.mil/navigator/. (2) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (h) Reporting of monitoring results. e.g., (2) The CPDM shall report results as cumulative mass concentration in units of mass per volume of air (mg/m 3 (i) Power requirements. 3 (j) Flow stability and calibration of pump. (k) Battery check. (l) Integration with other personal mining equipment. (2) A CPDM that is integrated with another device shall be tested, according to all the requirements under this part, with the other device coupled to the CPDM and operating. (m) Tampering safeguards or indicators. (n) Maintenance features. [75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026] § 74.8 Measurement, accuracy, and reliability requirements. (a) Breathing zone measurement requirement. (b) Accuracy. (1) For full-shift measurements of 8 hours or more, a 95 percent confidence that the recorded measurements are within ±25 percent of the true respirable dust concentration, as determined by CMDPSU reference measurements, over a concentration range from 0.2 to 4.0 mg/m 3 (2) For intra-shift measurements of less than 8 hours, a 95 percent confidence that the recorded measurements are within ±25 percent of the true respirable dust concentration, as determined by CMDPSU reference measurements, over the concentration range equivalent to 0.2 to 4.0 mg/m 3 1 1 3 3 3 3 3 3 etc. (c) Reliability of measurements. (d) Precision. 3 (e) Bias. 3 (f) Testing conditions. http://www.cdc.gov/niosh/mining/pubs/pubreference/outputid3076.htm. (1) Persons must proceed in accordance with NIOSH testing procedure “Continuous Personal Dust Monitor Accuracy Testing,” June 23, 2008. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy at the address below: NIOSH-Publications Dissemination, 4676 Columbia Parkway, Cincinnati, OH 45226. http://www.cdc.gov/niosh/mining. (2) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. [75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026] § 74.9 Quality assurance. (a) General requirements. (1) Submit a copy of the most recent registration under ISO Q9001-2000, American National Standard, Quality Management Systems-Requirements, published by ISO: (i) With the application for approval under § 74.13 of this part; and (ii) Upon request by NIOSH, subsequent to the approval of a CPDM under this part. (2) Persons must proceed in accordance with ISO Q9001-2000, American National Standard, Quality Management Systems-Requirements. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Persons may obtain a copy from the International Organization for Standardization at the address provided below. International Organization for Standardization, ISO Central Secretariat, 1, ch. de la Voie-Creuse, Case Postale 56, CH-1211 GENEVA 20, Switzerland. http://www.standardsinfo.net. (3) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) Quality management audits. (c) Applicant remediation of quality management deficiencies. [75 FR 17523, Apr. 6, 2010, as amended at 80 FR 52990, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026] § 74.10 Operating and maintenance instructions. (a) Contents. (1) Operating and storage instructions must include: (i) An explanation of how the CPDM works; (ii) A schematic diagram of the CPDM; (iii) Procedures for wearing and use of the CPDM; (iv) A one page “quick start guide” that will enable a novice to start and operate the CPDM. (v) Procedures for calibration of the CPDM; (vi) Procedures for inspecting the operating condition of the CPDM; (vii) Procedures and conditions for storage, including the identification of any storage conditions that would likely impair the effective functioning of the CPDM; and (viii) Procedures and conditions of use, including identification of any conditions of use that would likely impair the effective functioning of the CPDM. (2) The maintenance and service life plan must address: (i) Conditions that should govern the removal from service of the CPDM; and (ii) Procedures that a user or others should follow when inspecting, performing maintenance and calibration, and determining when the CPDM should be removed from service. (b) Submission to NIOSH for approval. § 74.11 Tests of the continuous personal dust monitor. (a) Applicant testing. (b) NIOSH testing assistance. (c) Reporting of applicant testing results. (d) Intrinsic safety testing. [75 FR 17523, Apr. 6, 2010, as amended at 89 FR 99105, Dec. 10, 2024] Subpart D—General Requirements for All Devices § 74.12 Conduct of tests; demonstrations. (a) Prior to the issuance of a certificate of approval, only personnel of MSHA and NIOSH, representatives of the applicant, and such other persons as may be mutually agreed upon may observe the tests conducted. MSHA and NIOSH shall hold as confidential, and shall not disclose, principles of patentable features, nor shall MSHA or NIOSH disclose any details of the applicant's drawings or specifications or other related material. (b) After the issuance of a certificate of approval, MSHA or NIOSH will conduct such public demonstrations and tests of the approved device as MSHA or NIOSH deem appropriate, and may reveal the protocols and results of testing considered for the approval of the device. The conduct of any additional investigations, tests, and demonstrations shall be under the sole direction of MSHA and NIOSH and any other persons shall be present only as observers. § 74.13 Applications. (a) Testing of a CMDPSU will be performed by NIOSH, and testing of the pump unit of the CMDPSU will be conducted by MSHA. The applicant must submit a written application in duplicate to both NIOSH and MSHA. Each copy of the application must be accompanied by complete scale drawings, specifications, and a description of materials. Ten complete CMDPSUs must be submitted to NIOSH with the application, and one pump unit must be submitted to MSHA. (b) Testing of a CPDM will be performed by the applicant as specified under § 74.11. The applicant must submit a written application in duplicate to both NIOSH and MSHA. Each copy of the application must be accompanied by complete scale drawings, specifications, a description of materials, and a copy of the testing protocol and test results which were provided by an independent testing entity, as specified in § 74.11(a). Three complete CPDM units must be sent to NIOSH with the application, and one CPDM device must be sent to MSHA. (c) Complete drawings and specifications accompanying each copy of the application shall be fully detailed to identify the design of the CMDPSU or pump unit thereof or of the CPDM and to disclose the dimensions and materials of all component parts. § 74.14 Certificate of approval. (a) Upon completion of the testing of a CMDPSU or the pump unit or after review of testing protocols and testing results for the CPDM, NIOSH or MSHA, as appropriate, shall issue to the applicant either a certificate of approval or a written notice of disapproval. NIOSH will not issue a certificate of approval unless MSHA has first issued a certificate of approval for either the pump unit of a CMDPSU or for the CPDM. If a certificate of approval is issued, no test data or detailed results of tests will accompany such approval. If a notice of disapproval is issued, it will be accompanied by details of the defects, resulting in disapproval, with a view to possible correction. (b) A certificate of approval will be accompanied by a list of the drawings and specifications covering the details of design and construction of the CMDPSU and the pump unit, or of the CPDM, as appropriate, upon which the certificate of approval is based. The applicant shall keep exact duplicates of the drawings and specifications submitted to NIOSH and to MSHA relating to the CMDPSU, the pump unit thereof, or the CPDM, which has received a certificate of approval. The approved drawings and specifications shall be adhered to exactly in the production of the certified CMDPSU, including the pump unit or of the CPDM, for commercial purposes. In addition, the applicant shall observe such procedures for, and keep such records of, the control of component parts as either MSHA or NIOSH may in writing require as a condition of approval. § 74.15 Approval labels. (a) Certificate of approval will be accompanied by photographs of designs for the approval labels to be affixed to each CMDPSU or CPDM, as appropriate. (b) The labels showing approval by NIOSH and by MSHA shall contain such information as MSHA or NIOSH may require and shall be reproduced legibly on the outside of a CMDPSU or CPDM, as appropriate, as directed by NIOSH or MSHA. (c) The applicant shall submit full-scale designs or reproductions of approval labels and a sketch or description of the position of the labels on each sampling device. (d) Use of the approval labels obligates the applicant to whom the certificate of approval was issued to maintain the quality of the complete CMDPSU or CPDM, as appropriate, and to guarantee that the complete CMDPSU or CPDM, as appropriate, is manufactured or assembled according to the drawings and specifications upon which the certificate of approval was based. Use of the approval labels is authorized only on CMDPSUs or CPDMs, as appropriate, that conform to the drawings and specifications upon which the certificate of approval we based. § 74.16 Material required for record. (a) As part of the permanent record of the approval application process, NIOSH will retain a complete CMDPSU or CPDM, as appropriate, and MSHA will retain a CMDPSU or CPDM, as appropriate, that has been tested and certified. Material not required for record purposes will be returned to the applicant at the applicant's request and expense upon receipt of written shipping instructions by MSHA or NIOSH. (b) As soon as a CMDPSU or CPDM, as appropriate, is commercially available, the applicant shall deliver a complete sampling device free of charge to NIOSH at the address specified on the NIOSH Web page: http://www.cdc.gov/niosh/mining. § 74.17 Changes after certification. (a) If the applicant desires to change any feature of a certified CMDPSU or a certified CPDM, the applicant shall first obtain the approval of NIOSH pursuant to the following procedures: (1) Application shall be made as for an original certificate of approval, requesting that the existing certification be extended to encompass the proposed change. The application shall be accompanied by drawings, specifications, and related material. (2) The application and accompanying material will be examined by NIOSH to determine whether testing of the modified CMDPSU or CPDM or components will be required. Testing will be necessary if there is a possibility that the modification may adversely affect the performance of the CMDPSU or CPDM. NIOSH will inform the applicant whether such testing is required. (3) If the proposed modification meets the pertinent requirements of these regulations, a formal extension of certification will be issued, accompanied by a list of new and revised drawings and specifications to be added to those already on file as the basis for the extension of certification. (b) If a change is proposed in a pump unit of a certified CMDPSU or in electrical components of a CPDM, the approval of MSHA with respect to intrinsic safety shall be obtained in accordance with the procedures set forth in § 74.11(d). § 74.18 Withdrawal of certification. Any certificate of approval issued under this part may be revoked for cause by NIOSH or MSHA which issued the certificate.