[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Page 67632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22091]



[[Page 67631]]

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Part V





Department of Labor





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Mine Safety and Health Administration



30 CFR Parts 5, 15, 18, et al.



Fees for Testing, Evaluation, and Approval of Mining Products; Final 
Rule

  Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / 
Rules and Regulations  

[[Page 67632]]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

RIN 1219-AB38

30 CFR Parts 5, 15, 18, 19, 20, 22, 23, 27, 28, 33, 35, and 36


Fees for Testing, Evaluation, and Approval of Mining Products

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

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On August 9, 2005, we issued a direct final rule amending our 
regulations to reflect changes in policies and procedures for 
administering fees for testing, evaluation, and approval of equipment 
and materials manufactured for use in the mining industry. The direct 
final rule had an effective date of November 7, 2005, provided we did 
not receive significant adverse comments. Concurrent with the direct 
final rule's publication in the Federal Register, we published a 
separate, identical proposed rule to speed notice and comment 
rulemaking in the event we received significant adverse comments which 
required the withdrawal of the direct final rule.
    One interested party submitted a comment to us regarding this 
rulemaking. The comment raises an issue beyond the scope of the 
rulemaking, and we do not consider the comment to be a ``significant 
adverse comment.'' Therefore, this notice confirms the effective date 
of the direct final rule.

DATES: The direct final rule (Fees for Testing, Evaluation, and 
Approval of Mining Products (70 FR 46336) published August 9, 2005) is 
effective November 7, 2005.

FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director, 
Office of Standards, Regulations, and Variances, Mine Safety and Health 
Administration, 1100 Wilson Blvd., Room 2302, Arlington, Virginia 
22209-3939, 202-693-9440 (telephone), 202-693-9441 (telefax), or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of the Direct Final Rule

    On August 9, 2005, we published a direct final rule (70 FR 46336) 
amending our regulations to reflect established policies and procedures 
relating to testing, evaluation, and approval of equipment and 
materials manufactured for use in the mining industry.
    Since our initial implementation of part 5, changes to agency 
policies and procedures have significantly increased the efficiency of 
the approval process and the administration of the fee program. In 
particular, we have eliminated the application fee, allowed applicants 
to pre-authorize expenditures, and restructured existing programs for 
expediting requests for changes to previously approved mining products. 
The direct final rule updates part 5 to reflect these initiatives and 
makes corresponding changes throughout parts 15 through 36. The primary 
purpose of the direct final rule was to address fee calculation and 
administration to cover the cost of Approval and Certification Center 
services including ``approvals'' as explained in the direct final 
rule's preamble 70 FR 46336-46337.
    Additionally, the rule removes references in parts 5, 15, and 33 to 
the Department of the Interior's former Bureau of Mines (BOM), which 
was dissolved in 1996 (Pub. L. 104-99). Prior to its dissolution, BOM 
conducted testing required by part 15 (Requirements for approval of 
explosives and sheathed explosive units) on our behalf at its 
Pittsburgh Research Center. In 1996 this facility was transferred to 
the Department of Health and Human Services, National Institute for 
Occupational Safety and Health (NIOSH) as a purely research function 
(Pub. L. 104-208). NIOSH initially assisted us with part 15 testing, 
but no longer has the resources to conduct these tests. To resolve this 
issue, the direct final rule allows us to use other organizations to 
conduct part 15 testing. The direct final rule does not diminish 
existing safety or health protections for miners.

II. Discussion of Comments

    Since the rule requirements were not controversial and primarily 
concerned agency procedures, we determined that the subject of this 
rulemaking was suitable for a direct final rule. We anticipated no 
significant adverse comments; however, we published a separate, 
identical proposed rule (70 FR 46345) concurrently with the direct 
final rule. A significant adverse comment is one that explains (1) why 
the direct final rule is inappropriate, including challenges to the 
rule's underlying premise or approach; or (2) why the direct final rule 
will be ineffective or unacceptable without a change. In determining 
whether a significant adverse comment necessitates withdrawal of a 
direct final rule, we consider whether the comment raises an issue 
serious enough to warrant a substantive response through the notice and 
comment process. A comment recommending an addition to the rule is not 
considered significant and adverse unless the comment explains how the 
rule would be ineffective without the addition.
    We received only one comment on the direct final rule. The 
commenter stated that fees should be increased and used to offset 
environmental damage caused by mining operations. The commenter 
misinterprets the purpose of the fees in the direct final rule. As 
noted earlier, the primary purpose of the direct final rule was to 
address fee calculation and administration to cover the cost of 
Approval and Certification Center services, including ``approvals'' as 
explained in the direct final rule's preamble 70 FR 46336-46337.
    Accordingly, we do not consider this comment to be a significant 
adverse comment because it goes beyond the scope of the rulemaking, 
does not explain why the direct final rule is inappropriate, does not 
challenge the rule's underlying premise, and does not explain why the 
direct final rule would be ineffective or unacceptable without a 
change.
    Since we have received no significant adverse comments, the direct 
final rule is effective on the date indicated above.

    Dated: November 1, 2005.
David G. Dye,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. 05-22091 Filed 11-4-05; 8:45 am]
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