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[October 31, 2005 (Volume 70, Number 209)]
[Unified Agenda]
[Page 64916-64917]

Department of Labor (DOL)
Mine Safety and Health Administration (MSHA)
[Proposed Rule Stage]


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2097. PART 5--FEES FOR TESTING, EVALUATION, AND APPROVAL OF MINING PRODUCTS

Priority: Other Significant

Legal Authority: 30 USC 957

CFR Citation: 30 CFR 5

Legal Deadline: None

Abstract: MSHA intends to publish a direct final rule to amend provisions of 30 CFR part 5, ``Fees for testing, evaluation, and approval of mining products.'' MSHA has streamlined the manner in which the fee system is administered. This rule would update the existing regulation to reflect these changes, including: (1) The existing rule requires an application fee to offset costs of the initial administrative review of the application. Upon approval, this amount is deducted from the total fees due. MSHA deemed the practice to be an unnecessary administrative burden and eliminated the requirement. (2) Most fees are set on an hourly basis; however, the MSHA Stamped Notification Acceptance Program (SNAP) and Stamped Revision Acceptance (SRA) Program charged only a nominal fixed fee for acceptance of certain changes to existing approvals. Each program covered specific types of products. To streamline this process, MSHA replaced both programs with the Revised Acceptance Modification Program (RAM), which provided one process for all types of products. (3) The existing rule requires MSHA to initially research the application and provide the applicant with an estimated maximum fee prior to beginning the technical investigation of the product. To expedite the approval process, MSHA now permits the applicant to pre-authorize an amount for each approval, which in turn allows MSHA to immediately begin the technical investigation while the fee estimate is being processed.

Timetable:
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Action                            Date                      FR Cite

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NPRM                            08/09/05                    70 FR 46345
Direct Final Rule               08/09/05                    70 FR 46336
NPRM Comment Period End         10/11/05
Direct Final Rule Effective     11/07/05
Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Rebecca J. Smith, Acting Director, Office of Standards,
Department of Labor, Mine Safety and Health Administration, 1100 Wilson
Boulevard, Rm 2350, Arlington, VA 22209
Phone: 202 693-9440
Fax: 202 693-9441
Email: smith.rebecca@dol.gov

RIN: 1219-AB38

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