[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Notices]
[Pages 78224-78225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22317]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


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

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

ACTION: Notice of fee adjustment.

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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.

DATES: This fee schedule is effective January 1, 2007.

FOR FURTHER INFORMATION CONTACT: John P. Faini, Chief, Approval and 
Certification Center (A&CC), 304-547-2029 or 304-547-0400. (These are 
not toll-free numbers.)

SUPPLEMENTARY 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 weighted-average 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

     Applications postmarked before January 1, 2007: MSHA will 
process these applications under the 2006 hourly rate of $71, which was 
published on December 30, 2005, at 70 FR 77427. This information is 
also available on MSHA's Web site at http://www.msha.gov/REGS/FEDREG/NOTICES/2005MISC/05-24691.asp.
     Applications postmarked on or after January 1, 2007: MSHA 
will publish these applications under the 2007 hourly rate of $80.

    Dated: December 21, 2006.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.
[FR Doc. E6-22317 Filed 12-27-06; 8:45 am]
BILLING CODE 4510-43-P