[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Notices]
[Pages 79195-79196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30623]


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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. The new fee schedule, effective January 1, 2009, 
is based on MSHA's direct and indirect costs for providing services 
during fiscal year (FY) 2008.

DATES: This fee schedule is effective January 1, 2009.

FOR FURTHER INFORMATION CONTACT: John P. Faini, Chief, Approval and 
Certification Center, 304-547-2029 or 304-547-0400.

SUPPLEMENTARY INFORMATION:

[[Page 79196]]

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. MSHA's existing fee schedule, revised December 27, 2007 (72 FR 
73380), became effective January 1, 2008.
    Under 30 CFR 5.30(a), the new fee adjustment does not apply to the 
30 CFR part 15 testing (explosives and sheathed explosive units). In 
addition, under 30 CFR 5.40, it 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 separate from, and 
in addition to, the fees charged for evaluation and testing.

II. Fee Computation

    MSHA computed the 2009 fees using FY 2008 costs for baseline data. 
MSHA calculated a weighted-average based on the direct and indirect 
costs to applicants for testing, evaluation, and approval services 
rendered during FY 2008. From this average, MSHA computed a single 
hourly rate, which applies uniformly to all applications.
    As a result of this process, MSHA has determined that as of January 
1, 2009, the fee will be $90 per hour of services rendered.

III. Applicable Fee

     Applications postmarked before January 1, 2009: MSHA will 
process these applications under the 2008 hourly rate of $84.
     Applications postmarked on or after January 1, 2009: MSHA 
will process these applications under the 2009 hourly rate of $90. This 
information is available on MSHA's Web site at http://wwww.msha.gov.

Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E8-30623 Filed 12-23-08; 8:45 am]
BILLING CODE 4510-43-P