[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Notices]
[Pages 77427-77428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24691]


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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 Approval and Certification Center 
(A&CC) user fees for services provided pursuant to part 5 of Title 30 
of the Code of Federal Regulations (CFR) during 2006. Fees compensate 
MSHA for the costs that the agency incurs for testing and evaluating 
equipment and materials manufactured for use in the mining industry. 
The fees for 2006 are based on the Agency's fiscal year 2005 actual 
expenses.

DATES: This fee schedule is effective from January 1, 2006 through 
December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Steven J. Luzik, Chief, Approval and 
Certification Center (A&CC), 304-547-2029 or 304-547-0400.

SUPPLEMENTARY INFORMATION:

Fee Computation

    MSHA has revised its fee schedule for 2006 in accordance with part 
5 of 30 CFR, which was amended by a direct final rule published in the 
Federal Register (70 FR 46336) on August 9, 2005. For approval 
applications postmarked before January 1, 2006, MSHA will continue to 
calculate fees under the previous (2005) fee schedule, published on 
December 29, 2004 (69 FR 78046).
    In general, MSHA computed the 2006 fees based on fiscal year 2005 
data. The Agency calculated a weighted-average, direct cost for all of 
the services that it provided during fiscal year 2005 in the processing 
of requests for testing, evaluation, and approval of equipment and 
materials manufactured for use in the mining industry. From this cost, 
MSHA calculated a single hourly rate to apply uniformly.

Changes to Fee Assessments for 2006

    On November 7, 2005, MSHA's direct final rule became effective (70 
FR 67632). This final rule amended part 5

[[Page 77428]]

to reflect established policy and procedures for administering user 
fees. In addition, the final rule advised the public that the fees 
relating to part 15 testing of explosives would be modified. In recent 
years, MSHA has relied on the Department of Health and Human Services' 
National Institute for Occupational Safety and Health (NIOSH) to 
conduct part 15 testing on its behalf. Since NIOSH no longer has the 
facilities to conduct all of the part 15 tests, the tests will be 
contracted out to other organizations. For additional information 
regarding part 15 testing, please contact Steven J. Luzik, Chief, 
Approval and Certification Center, 304-547-2029 or 304-547-0400.

    Dated: December 28, 2005.
Robert M. Friend,
Acting Deputy Assistant Secretary for Mine Safety and Health.

                 Fee Schedule Effective January 1, 2006
                         [Based on FY 2005 data]
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                                                                  Hourly
                          Action title                             rate
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Fees for Testing, Evaluation, Approval and Retesting for            $71
 Approval as a Result of Post-Approval Product Audit of all
 Mining Products \1\...........................................
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\1\ Full approval fee consists of evaluation cost plus applicable test
  costs.


    Note: When the nature of the product requires that MSHA 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 in accordance with Federal government 
travel regulations. This reimbursement is in addition to the fees 
charged for evaluation and testing.

[FR Doc. 05-24691 Filed 12-29-05; 8:45 am]
BILLING CODE 4510-43-P