[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).
    <bullet> MSHA will process applications and post-approval 
activities postmarked before January 1, 2019, under the existing FY 
2018 hourly rate of $121.
    <bullet> 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