[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Notices]
[Pages 67411-67413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33584]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Fee Adjustments for Testing, Evaluation, and Approval of Mining 
Products

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of fee adjustments.

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SUMMARY: This notice revises MSHA's user fees for testing, evaluation, 
and approval of certain products manufactured for use in underground 
mines. These fees are based on fiscal

[[Page 67412]]

year 1997 data and reflect changes in approval processing operations as 
well as costs incurred to process approval actions.

DATES: These fee schedules are effective from January 1, 1998 through 
December 31, 1998. Approval applications postmarked before January 1, 
1998 will be chargeable under the fee schedules as published on 
December 27, 1996.

FOR FURTHER INFORMATION CONTACT: Steven J. Luzik, Chief, Approval and 
Certification Center, R.R. 1, Box 251, Triadelphia, West Virginia 
26059, (304) 547-2029 or (304) 547-0400.

SUPPLEMENTARY INFORMATION: In general, MSHA has computed the revised 
fees based on the cost to the government to provide testing, 
evaluation, and approval of products manufactured for use in 
underground mines. On May 8, 1987 (52 FR 17506), MSHA published a final 
rule, 30 CFR Part 5--Fees for Testing, Evaluation, and Approval of 
Mining Products, which established the specific procedures for fee 
calculation, administration, and revisions. This revised fee schedule 
is established in accordance with the procedures of that rule.
    For a majority of the services provided by A&CC, fees are charged 
on an hourly basis. The hourly rates are recalculated each year and 
published in the Federal Register. This calculation involves an 
assessment of the direct and indirect costs associated with the 
services performed. Direct costs are based on current compensation and 
benefit costs for technical and support personnel directly involved in 
providing the services. Indirect costs are based on a proportionate 
share of the cost of activities which support the approval service, 
including management and administration of the A&CC, facility operating 
costs and amortization and depreciation of facilities and equipment. 
Indirect costs have been applied uniformly in computing the hourly 
rates for the various services provided.
    Direct costs, however, have been separately computed for each 
product approval program. This has resulted in the inclusion of over 
100 different fee categories being published in the annual Federal 
Register notice. The intent of this breakdown has been to establish 
hourly rates which reflect as accurately as possible the actual cost of 
performing services by product type.
    Experience has shown that since 1987, the year in which 30 CFR Part 
5 was promulgated, there has been a relatively small range of 
difference in the separately computed direct costs for each product 
approval program. The result has been the annual publication of an 
unnecessarily complicated listing of separate hourly rates with 
relatively little variation. This has undoubtedly created confusion and 
frustration for those mining product manufacturers who submit requests 
for A&CC services under more than one product category.
    A&CC is simplifying the computation of direct costs for 1998 so as 
to produce a uniform hourly rate across all of the product approval 
categories. This has been accomplished by simply calculating a weighted 
average direct cost for all the services provided by A&CC in the 
processing of requests for testing, evaluation and approval of mining 
products. The result is a single hourly rate which is now uniformly 
applied regardless of product type.
    Programs that were previously administered using a flat rate 
billing convention will remain in the schedule as such. See the 
schedule for the appropriate flat/hourly rates.

    Dated: December 18, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

                 Fee Schedule Effective January 1, 1998                 
                        [(Based on FY 1997 data]                        
------------------------------------------------------------------------
                 Action Title                   Hourly Rate   Flat Rate 
------------------------------------------------------------------------
Testing, Evaluation, and Approval of all                                
 products.....................................          $59  ...........
30 CFR PART 15--EXPLOSIVES                                              
    12  Approval Evaluation \1\...............           59  ...........
        Permissibility Tests for Explosives:                            
            Weigh-in..........................  ...........          462
            Physical Exam: First size.........  ...........          325
            Chemical Analysis.................  ...........        1,977
            Air Gap--Minimum Product Firing                             
             Temperature......................  ...........          460
            Air Gap--Room Temperature.........  ...........          352
            Pendulum Friction Test............  ...........          163
            Detonation Rate...................  ...........          352
            Gallery Test 7....................  ...........        7,436
            Gallery Test 8....................  ...........        5,533
            Toxic Gases (Large Chamber).......  ...........          805
        Permissibility Tests for Sheathed                               
         Explosives:                                                    
            Physical Examination..............  ...........          128
            Chemical Analysis.................  ...........        1,044
            Gallery Test 9....................  ...........        1,944
            Gallery Test 10...................  ...........        1,944
            Gallery Test 11...................  ...........        1,944
            Gallery Test 12...................  ...........        1,944
            Drop Test.........................  ...........          648
            Temperature Effects/Detonation....  ...........          672
            Toxic Gases.......................  ...........          580
    14  Approval Extension....................           59  ...........
    15  Statement of Test and Evaluation                                
     (ST&E)...................................  ...........           54
    17  Statement of Test and Evaluation                                
     (ST&E) Extension.........................  ...........           54
    20  Stamped Revision Acceptance (SRA)\2\..  ...........          403
    23  Field Approval........................  ...........          103
    29  Dust Collector Approval with Cert. of                           
     Performance..............................  ...........          297
    40  Stamped Notification Acceptance                                 
     Program (SNAP)...........................  ...........          443
    40  Stamped Notification Acceptance                                 
     Program (SNAP) ST&E......................  ...........           33
    47  Permit--Extension of Time.............  ...........          276
    52  Mine Wide Monitoring System (MWMS)                              
     Barrier Classification...................  ...........           87

[[Page 67413]]

                                                                        
    00  Retesting for Approval as a Result of                           
     Post-Approval Product Audit \3\..........  ...........  ...........
------------------------------------------------------------------------
\1\ Full approval fee consists of evaluation cost plus applicable test  
  costs.                                                                
\2\ Fee covers SRA application accompanied by up to five documents.     
\3\ Fee based upon the approval schedule in effect at the time of       
  retest.                                                               
Note: When testing and evaluation are required at locations other than  
  MSHA's premises, the applicant shall reimburse MSHA for traveling,    
  subsistence, and incidental expenses of MSHA's representation in      
  accordance with standardized government travel regulations. This      
  reimbursement is in addition to the fees charged for evaluation and   
  testing.                                                              

[FR Doc. 97-33584 Filed 12-23-97; 8:45 am]
BILLING CODE 4510-43-P