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

Published date21 December 2018
Record Number2018-27633
CourtLabor Department,Mine Safety And Health Administration
Federal Register, Volume 83 Issue 245 (Friday, December 21, 2018)
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
                [Notices]
                [Page 65747]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2018-27633]
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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, Labor.
                ACTION: Notice of fee adjustment.
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                SUMMARY: The Mine Safety and Health Administration (MSHA) announces a
                revised hourly rate for the fees charged to applicants and approval
                holders for testing, evaluating, and approving products for use in
                mines. MSHA charges a fee to cover the full cost (direct and indirect
                costs) of its services associated with the approval program. The new
                hourly rate is $137.
                DATES: MSHA will charge the new hourly rate for new approval services
                starting January 1, 2019.
                FOR FURTHER INFORMATION CONTACT: Dennis L. Ferlich, 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 the Federal Mine Safety and Health Act of 1977 (Mine Act), as
                amended, MSHA's mission is to prevent death, disease, and injury from
                mining and promote safe and healthy workplaces for the Nation's miners.
                MSHA approves equipment, materials, and explosives for use in mines to
                assure that the products are designed, constructed, and maintained so
                as not to cause a fire, explosion, or other accident. MSHA's regulation
                under 30 CFR part 5, Fees for Testing, Evaluation, and Approval of
                Mining Products, establishes the method the Agency uses to calculate
                the fees needed to recover costs for approval services.
                 Under 30 U.S.C. 966, MSHA may collect and retain up to $2,499,000
                of fees collected for the approval and certification of equipment,
                materials, and explosives for use in mines.
                 On July 29, 2015, MSHA published a final rule in the Federal
                Register (80 FR 45051) that revised the Agency's regulation for
                administering fees for testing, evaluation, and approval of products
                manufactured for use in mines. Under the final rule, MSHA revised the
                hourly rate by dividing the total of a prior fiscal year's approval
                program costs (direct and indirect costs) by the number of total direct
                hours spent on approval program activities for that year. The hourly
                rate was increased from $97 to $121.
                 MSHA began charging the existing hourly rate on October 1, 2015,
                for new approval applications.
                II. Applicable Fee
                 Under 30 CFR 5.50, an hourly rate will remain in effect for at
                least one year and be subject to revision at least once every three
                years. MSHA calculates the FY 2019 hourly rate using FY 2017 costs for
                baseline data. MSHA has determined that as of January 1, 2019, the
                hourly rate will be $137 per hour for services on new applications and
                post-approval activities (changes to approvals and post-approval
                product audits).
                 MSHA will process applications and post-approval
                activities postmarked before January 1, 2019, under the existing FY
                2018 hourly rate of $121.
                 MSHA will process applications and post-approval
                activities postmarked on or after January 1, 2019, under the revised FY
                2019 hourly rate of $137. This information is available on MSHA's web
                page at http://www.msha.gov.
                David G. Zatezalo,
                Assistant Secretary of Labor for Mine Safety and Health.
                [FR Doc. 2018-27633 Filed 12-20-18; 8:45 am]
                 BILLING CODE 4510-43-P
                

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