Federal Register: December 28, 2006 (Volume 71, Number 249)
DOCID: FR Doc E6-22317
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCUMENT ACTION: Notice of fee adjustment.
SUBJECT CATEGORY:
Fee Adjustment for Testing, Evaluation, and Approval of Mining Products
DATES: This fee schedule is effective January 1, 2007.
DOCUMENT SUMMARY:
This notice describes MSHA's revised fee schedule for testing, evaluating, and approving mining products as permitted by 30 CFR 5.50. MSHA charges applicants a fee to cover its costs associated with testing and evaluating equipment and materials manufactured for use in the mining industry. MSHA will apply the new fee schedule beginning on January 1, 2007. The new fee schedule is based on MSHA's direct and indirect costs for providing services during fiscal year (FY) 2006.
SUMMARY:
Mining products; testing, evaluation, and approval; user fee adjustments,
SUPPLEMENTAL INFORMATION
I. Background
Under 30 CFR 5.50, MSHA may revise the fee schedule for testing, evaluation, and approval of mining products at least once every three years although the fee schedule must remain in effect for at least one year. Further, on August 9, 2005, MSHA published a direct final rule at 70 FR 46336 that modified the requirements in 30 CFR part 5. In addition to updating computation procedures and other changes, the final rule allowed outside organizations to conduct 30 CFR part 15 testing (explosives and sheathed explosive units) on MSHA's behalf, on a fee schedule established by the organization. 70 FR 46336, 46336 (2005).
The last time MSHA revised the fee schedule was on December 30,
2005, which became effective on January 1, 2006. 70 FR 77427. Accordingly, MSHA has revised the fee schedule for 2007
[[Page 78225]]
according to the procedures described in the direct final rule
published at 70 FR 46336. This notice of fee adjustment does not apply
to the 30 CFR part 15 testing exception to the fee schedule described
in section 5.30(a) of this Part. In addition, this notice does not
apply to travel expenses incurred under this Part. When the nature of
the product requires MSHA to test and evaluate the product at a
location other than on MSHA premises, MSHA must be reimbursed for the
travel, subsistence, and incidental expenses of its representative
according to Federal government travel regulations. This reimbursement
is in addition to the fees charged for evaluation and testing. A
discussion of MSHA's fee computation process for evaluation and testing follows in section II.
II. Fee Computation
MSHA computed the 2007 fees using FY 2006 costs for baseline data. MSHA calculated a weightedaverage based on the direct and indirect cost to applicants for testing, evaluation, and approval services rendered during FY 2006. From this average, MSHA computed a single hourly rate, which applies uniformly to all applications for services under this Part.
As a result of this process, MSHA has determined that as of January
1, 2007, the fee will be $80 per hour of services rendered. III. Applicable Fee
Dated: December 21, 2006.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.
[FR Doc. E622317 Filed 122706; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
John P. Faini, Chief, Approval and Certification Center (A&CC), 3045472029 or 3045470400. (These are not tollfree numbers.)