[Federal Register: November 7, 2005 (Volume 70, Number 214)]
[Rules and Regulations]
[Page 67631-67632]
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Part V
Department of Labor
Mine Safety and Health Administration
30 CFR Parts 5, 15, 18, et al.
Fees for Testing, Evaluation, and Approval of Mining Products; Final
Rule
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
RIN 1219-AB38
30 CFR Parts 5, 15, 18, 19, 20, 22, 23, 27, 28, 33, 35, and 36
Fees for Testing, Evaluation, and Approval of Mining Products
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Direct final rule; confirmation of effective date.
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SUMMARY: On August 9, 2005, we issued a direct final rule amending our
regulations to reflect changes in policies and procedures for
administering fees for testing, evaluation, and approval of equipment
and materials manufactured for use in the mining industry. The direct
final rule had an effective date of November 7, 2005, provided we did
not receive significant adverse comments. Concurrent with the direct
final rule's publication in the Federal Register, we published a
separate, identical proposed rule to speed notice and comment
rulemaking in the event we received significant adverse comments which
required the withdrawal of the direct final rule.
One interested party submitted a comment to us regarding this
rulemaking. The comment raises an issue beyond the scope of the
rulemaking, and we do not consider the comment to be a ``significant
adverse comment.'' Therefore, this notice confirms the effective date
of the direct final rule.
DATES: The direct final rule (Fees for Testing, Evaluation, and
Approval of Mining Products (70 FR 46336) published August 9, 2005) is
effective November 7, 2005.
FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director,
Office of Standards, Regulations, and Variances, Mine Safety and Health
Administration, 1100 Wilson Blvd., Room 2302, Arlington, Virginia
22209-3939, 202-693-9440 (telephone), 202-693-9441 (telefax), or smith.rebecca@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of the Direct Final Rule
On August 9, 2005, we published a direct final rule (70 FR 46336)
amending our regulations to reflect established policies and procedures
relating to testing, evaluation, and approval of equipment and
materials manufactured for use in the mining industry.
Since our initial implementation of part 5, changes to agency
policies and procedures have significantly increased the efficiency of
the approval process and the administration of the fee program. In
particular, we have eliminated the application fee, allowed applicants
to pre-authorize expenditures, and restructured existing programs for
expediting requests for changes to previously approved mining products.
The direct final rule updates part 5 to reflect these initiatives and
makes corresponding changes throughout parts 15 through 36. The primary
purpose of the direct final rule was to address fee calculation and
administration to cover the cost of Approval and Certification Center
services including ``approvals'' as explained in the direct final
rule's preamble 70 FR 46336-46337.
Additionally, the rule removes references in parts 5, 15, and 33 to
the Department of the Interior's former Bureau of Mines (BOM), which
was dissolved in 1996 (Pub. L. 104-99). Prior to its dissolution, BOM
conducted testing required by part 15 (Requirements for approval of
explosives and sheathed explosive units) on our behalf at its
Pittsburgh Research Center. In 1996 this facility was transferred to
the Department of Health and Human Services, National Institute for
Occupational Safety and Health (NIOSH) as a purely research function
(Pub. L. 104-208). NIOSH initially assisted us with part 15 testing,
but no longer has the resources to conduct these tests. To resolve this
issue, the direct final rule allows us to use other organizations to
conduct part 15 testing. The direct final rule does not diminish
existing safety or health protections for miners.
II. Discussion of Comments
Since the rule requirements were not controversial and primarily
concerned agency procedures, we determined that the subject of this
rulemaking was suitable for a direct final rule. We anticipated no
significant adverse comments; however, we published a separate,
identical proposed rule (70 FR 46345) concurrently with the direct
final rule. A significant adverse comment is one that explains (1) why
the direct final rule is inappropriate, including challenges to the
rule's underlying premise or approach; or (2) why the direct final rule
will be ineffective or unacceptable without a change. In determining
whether a significant adverse comment necessitates withdrawal of a
direct final rule, we consider whether the comment raises an issue
serious enough to warrant a substantive response through the notice and
comment process. A comment recommending an addition to the rule is not
considered significant and adverse unless the comment explains how the
rule would be ineffective without the addition.
We received only one comment on the direct final rule. The
commenter stated that fees should be increased and used to offset
environmental damage caused by mining operations. The commenter
misinterprets the purpose of the fees in the direct final rule. As
noted earlier, the primary purpose of the direct final rule was to
address fee calculation and administration to cover the cost of
Approval and Certification Center services, including ``approvals'' as
explained in the direct final rule's preamble 70 FR 46336-46337.
Accordingly, we do not consider this comment to be a significant
adverse comment because it goes beyond the scope of the rulemaking,
does not explain why the direct final rule is inappropriate, does not
challenge the rule's underlying premise, and does not explain why the
direct final rule would be ineffective or unacceptable without a
change.
Since we have received no significant adverse comments, the direct
final rule is effective on the date indicated above.
Dated: November 1, 2005.
David G. Dye,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. 05-22091 Filed 11-4-05; 8:45 am]
BILLING CODE 4510-43-P
