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 Department of Labor Mine Safety and Health Administration
 AGENCY: Mine Safety and Health Administration (MSHA), Labor.
 ACTION: Notice of fee adjustments.
 SUMMARY: This notice revises our [MSHA Approval and Certification Center (A&CC)] user fees. Fees compensate us for the costs that we incur for testing, evaluating, and approving certain products for use in underground mines. We based the 2005 fees on our actual expenses for fiscal year 2004. The fees reflect changes both in our approval processing operations and in our costs to process approval actions.
 DATES: This fee schedule is effective from January 1, 2005, through December 31, 2005.
 FOR FURTHER INFORMATION CONTACT: Steven J. Luzik, Chief, Approval and Certification Center (A&CC), 304-547-2029 or 304-547-0400.


SUPPLEMENTARY INFORMATION: Background On May 8, 1987 (52 FR 17506), we published a final rule, 30 CFR part 5—Fees for Testing, Evaluation, and Approval of Mining Products. The rule established specific procedures for calculating, administering, and revising user fees. We have revised our fee schedule for 2004 in accordance with the procedures of that rule and include this new fee schedule below. For approval applications postmarked before January 1, 2005, we will continue to calculate fees under the previous (2004) fee schedule, published on December 30, 2003. 
                    ( print page 78047) Fee Computation In general, we computed the 2005 fees based on fiscal year 2004 data. We calculated a weighted-average, direct cost for all the services that we provided during fiscal year 2004 in the processing of requests for testing, evaluation, and approval of certain products for use in underground mines. From this cost, we calculated a single hourly rate to apply uniformly across all of the product approval categories during 2005. Dated: December 22, 2004. David G. Dye, Acting Assistant Secretary for Mine Safety and Health.
 FEE SCHEDULE EFFECTIVE JANUARY 1, 2005
(Based on FY 2004 data)
ACTION TITLE
HOURLY RATE ($)Fees for Testing, Evaluation, and Approval of all Mining Products 1
66Retesting for Approval as a Result of Post-Approval Product Audit 2**30 CFR PART 15—EXPLOSIVES TESTING**Permissibility Tests for Explosives:Weigh-in
462Physical Exam: First size
325Chemical Analysis
1,977Air Gap—Minimum Product Firing Temperature
460Air Gap—Room Temperature
352Pendulum Friction Test
163Detonation Rate
352Gallery Test 7
7,436Gallery Test 8
5,533Toxic Gases (Large Chamber)
805Permissibility Tests for Sheathed Explosives:Physical Examination
128Chemical Analysis
1,044Gallery Test 9
1,944Gallery Test 10
1,944Gallery Test 11
1,944Gallery Test 12
1,944Drop Test
648Temperature Effects/Detonation
672Toxic Gases
5801
                         Full approval fee consists of evaluation cost plus applicable test costs.2
                         Fee based upon the approval schedule in effect at the time of retest.
 Note: When the nature of the product requires that we test and evaluate it at a location other than our premises, you must reimburse us for the traveling, subsistence, and incidental expenses of our representative in accordance with standardized government travel regulations. This reimbursement is in addition to the fees charged for evaluation and testing.


[FR Doc. 04-28452 Filed 12-28-04; 8:45 am] BILLING CODE 4510-43-P