$5.10 Purpose and scope.

(a) This part establishes a system under which MSHA charges a fee for services performed in connection with testing, evaluation and approval of products manufactured for use in underground mines. Included in this part is the method used to calculate the fees and the manner in which the fee system is administered.

(b) The services for which fees are charged are

(1) Application processing by engineers, technicians and other specialists (investigators), including administrative review of applications, analysis of drawings, technical evaluation, testing, test set up and tear down, consultation on applications and investigator travel, where necessary to process the application;

(2) Clerical services, computer tracking and status reporting, records control and security and document preparation directly supporting application processing;

(3) A proportionate share of management, administration and operation of the Approval and Certification Center which is in support of application processing; and

(4) Amortization of facility improvements and depreciation of buildings and equipment used for testing and evaluation or otherwise directly associated with application processing.

(c) Fees are not charged for:

(1) Technical assistance not related to processing an approval application;

$5.30 Fee calculation.

(a) A standard application fee is charged for initial administrative review of each approval application. This fee will be calculated based on the hourly compensation cost to conduct the review. The fee will be non-refundable. However, payment will be fully credited against subsequent charges for services rendered.

(b) The fee for testing, evaluation and approval of a product is based on the costs of the services provided. Each service provided for a group of similar products is assessed an hourly rate to cover direct and indirect costs. Direct costs are based on current compensation and benefit costs for technical and support personnel directly involved in providing the service. Indirect costs are based on a proportionate share of the cost of activities which support the approval service, including management and administration of the Approval and Certification Center, facility operating costs and amortization and depreciation of facilities and equipment.

(c) Except as provided in paragraphs (d) and (e), fees are charged on an hourly basis. An estimated maximum fee (cap) is determined on an individual

basis before the start of technical evaluation. When unforeseen circumstances discovered during evaluation would result in the hourly fee exceeding the cap, the applicant will have the option to cancel the action or receive a new maximum fee estimate. If the actual hourly fee for processing the application is less than the cap, the lesser amount is charged.

(d) The Stamped Notification Acceptance Program (SNAP) and Stamped Revision Acceptance (SRA) program are expedited programs allowing manufacturers to submit minor changes to previously approved products. A flat fee is charged for these services.

(e) Tests conducted by the Bureau of Mines for MSHA under part 15 are flat rate items. However, these fees will be included with hourly evaluation rates and billed out at the conclusion of the processing.

$5.40 Fee administration.

7.24

Technical requirements.

7.25

Critical characteristics.

7.26 Flame test apparatus.

7.27 Test for flame resistance of brattice cloth.

7.28 Test for flame resistance of rigid ven

tilation tubing.

7.29

Approval marking.

7.30

Post-approval product audit.

7.31

New technology.

Subpart C-Battery Assemblies

7.41

Purpose and effective date.

7.42

Definitions.

company-assigned

application

number identical to the number placed on the check or money order.

Technical requirements.

7.45

Critical characteristics.

7.46

Impact test.

7.47

Deflection temperature test.

7.48

Acid resistance test.

(b) Applicants for SNAP and SRA services must submit the full fee to MSHA Finance Branch at the above address at the time the application is submitted to the Approval and Certification Center.

(c) Applicants for services for which an hourly fee is charged will be billed for the fee when processing of the action is completed. Actual travel expenses, if any, incurred in processing the application will be added. Invoices will contain specific payment instructions.

7.69 Approval marking.

7.70 Post-approval product audit. 7.71 Approval checklist.

7.72 New technology.

Subpart E-Diesel Engines Intended for Use in Underground Coal Mines

7.81 Purpose and effective date.

7.82 Definitions.

7.83 Application requirements.

7.84 Technical requirements.

7.85 Critical characteristics.

7.86 Test equipment and specifications.

7.87 Test to determine the maximum fuelair ratio.

7.88 Test to determine the gaseous ventilation rate.

7.89 Test to determine the particulate index.

7.90 Approval marking.

7.91 Post-approval product audit. 7.92 New technology.

Subpart F-Diesel Power Packages Intended for Use in Areas of Underground Coal Mines Where Permissible Electric Equipment Is Required

7.95 Purpose and effective date. 7.96

Definitions.

7.97 Application requirements. 7.98 Technical requirements.

7.99 Critical characteristics.

7.100 Explosion tests.

7.101 Surface temperature tests.

7.102 Exhaust gas cooling efficiency test. 7.103 Safety system control test. 7.104 Internal static pressure test. 7.105 Approval marking.

7.106 Post-approval product audit. 7.107 New technology.

7.108 Power package checklist.

§7.2 Definitions.

The following definitions apply in this part.

Applicant. An individual or organization that manufactures or controls the assembly of a product and that applies to MSHA for approval of that product.

Approval. A document issued by MSHA which states that a product has met the requirements of this part and which authorizes an approval marking identifying the product as approved.

Authorized company official. An individual designated by applicant who has the authority to bind the company.

Critical characteristic. A feature of a product that, if not manufactured as approved, could have a direct adverse effect on safety and for which testing or inspection is required prior to shipment to ensure conformity with the technical requirements under which the approval was issued.

Extention of approval. A document issued by MSHA which states that the change to a product previously approved by MSHA under this part meets the requirements of this part and which authorizes the continued use of