Code of Federal Regulations Title 30 Mineral Resources Parts 1 to 199 (MSHA) , Revised as of July 1, 2022

Book Synopsis: THIS TITLE Title 30—MINERAL RESOURCES is composed of three volumes. The parts in these volumes are arranged in the following order: parts 1–199, parts 200–699, and part 700 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 2022. Purpose and scope. This part establishes a system under which MSHA charges a fee for services provided. This part includes the management and calculation of fees for the approval program, which includes: Application processing, testing and evaluation, approval decisions, post-approval activities, and termination of approvals. § 5.30 Fee calculation. (a) Fee calculation. MSHA charges a fee based on an hourly rate for Approval and Certification Center (A&CC) approval program activities and other associated costs, such as travel expenses and part 15 fees. Part 15 fees for services provided to MSHA by other organizations may be set by those organizations. (b) Hourly rate calculation. The hourly rate consists of direct and indirect costs of the A&CC’s approval program divided by the number of direct hours worked on all approval program activities. (1) Direct costs are compensation and benefit costs for hours worked on approval program activities. (2) Indirect costs are a proportionate share of the following A&CC costs: (i) Compensation and benefit hours worked in support of all A&CC activities; (ii) A&CC building and equipment depreciation costs; (iii) A&CC utilities, facility and equipment maintenance, and supplies and materials; and (iv) Information Technology and other services the Department of Labor provides to the A&CC. (c) Fees are charged for— (1) Application processing (e.g., administrative and technical review of applications, computer tracking, and status reporting); (2) Testing and evaluation (e.g., analysis of drawings, technical evaluation, testing, test set up and test tear down, and internal quality control activities); (3) Approval decisions (e.g., consultation on applications, records control and security, document preparation); and (4) Two post-approval activities: changes to approvals and post-approval product audits. (d) Fees are not charged for— (1) Technical assistance not related to processing an approval application; (2) Technical programs, including development of new technology programs; (3) Participation in research conducted by other government agencies or private organizations; and (4) Regulatory review activities, including participation in the development of health and safety standards, regulations, and legislation. (e) Fee estimate. Except as provided in paragraphs (e)(1) and (2) of this section, on completion of an initial administrative review of the application, the A&CC will prepare a maximum fee estimate for each application. A&CC will begin the technical evaluation after the applicant authorizes the fee estimate. (1) The applicant may pre-authorize an expenditure for services, and may further choose to pre-authorize either a maximum dollar amount or an expenditure without a specified maximum amount. (i) All applications containing a preauthorization statement will be put in the queue for the technical evaluation on completion of an initial administrative review.