[Federal Register: June 20, 2003 (Volume 68, Number 119)]
[Notices]               
[Page 37028-37030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn03-123]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-88]

 
MET Laboratories, Inc., Application for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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[[Page 37029]]

SUMMARY: This notice announces the application of MET Laboratories, 
Inc., for expansion of its recognition to include additional test 
standards, and presents the Agency's preliminary finding. This 
preliminary finding does not constitute an interim or temporary 
approval of these applications.

DATES: You may submit comments in response to this notice, or any 
request for extension of the time to comment, by (1) regular mail, (2) 
express or overnight delivery service, (3) hand delivery, (4) messenger 
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of 
comments by regular mail. Comments (or any request for extension of the 
time to comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by July 7, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by July 7, 2003. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by July 7, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket NRTL1-88, Room N-2625, U.S. 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA 
Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket 
NRTL1-88, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Web 
page www.osha.gov. Accordingly, OSHA cautions you about submitting 
information of a personal nature (e.g., social security number, date of 
birth). There may be a lag time between when comments and submissions 
are received and when they are placed on the Web page. Please contact 
the OSHA Docket Office at (202) 693-2350 for information about 
materials not available through the OSHA Web page and for assistance in 
using the Web page to locate docket submissions. Comments and 
submissions will also be available for inspection and copying at the 
OSHA Docket Office at the address above.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet or Sherrey Nicolas, 
Office of Technical Programs and Coordination Activities, NRTL Program, 
Room N3653 at the above address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that MET Laboratories, Inc. (MET), has applied for 
expansion of its recognition as a Nationally Recognized Testing 
Laboratory (NRTL). MET's expansion request covers the use of additional 
test standards. OSHA's current scope of recognition for MET may be 
found in the following informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/met.html
.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Sec.  1910.7 of title 29, Code of Federal 
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the 
organization can perform independent safety testing and certification 
of the specific products covered within its scope of recognition and is 
not a delegation or grant of government authority. As a result of 
recognition, employers may use products ``properly certified'' by the 
NRTL to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition or for expansion or renewal of this recognition following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the Agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding and, in the second 
notice, the Agency provides its final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. We maintain an informational Web page for 
each NRTL, which details its scope of recognition. These pages can be 
accessed from our Web site at http://www.osha-slc.gov/dts/otpca/nrtl/index.html
.
    The most recent notice published by OSHA for MET's recognition 
covered an expansion of recognition, which became effective on May 23, 
2002 (67 FR 36260).
    The current address of the MET facility (site) already recognized 
by OSHA is: MET Laboratories, Inc., 914 West Patapsco Avenue, 
Baltimore, Maryland 21230.

General Background on the Application

    MET has submitted a request, dated April 30, 2002 (see Exhibit 32), 
to expand its recognition to use 20 additional test standards. The NRTL 
Program staff has determined that all the standards are ``appropriate 
test standards,'' within the meaning of 29 CFR 1910.7(c). The staff 
makes such determinations in processing expansion requests from any 
NRTL. OSHA NRTL Program staff performed an on-site review of the NRTL 
in September 2002 and recommended the expansion in a memo dated October 
22, 2002 (see Exhibit 33). Through no fault of MET, the application was 
delayed in processing. MET then submitted an amendment on May 15, 2003 
(see Exhibit 32-1), to add one additional test standard to its 
expansion request. This standard requires the same capabilities as a 
few of the standards included in the original request and therefore 
falls within the recommendation of the assessor. As a result, a total 
of 21 test standards would be approved for the expansion.
    MET seeks recognition for testing and certification of products for 
demonstration of conformance to the following additional test 
standards.

UL 48 Electric Signs
UL 183 Manufactured Wiring Systems
UL 325 Door, Drapery, Gate, Louver and Window Operator and Systems
UL 355 Cord Reels
UL 427 Refrigerating Units
UL 508C Power Conversion Equipment
UL 541 Refrigerated Vending Machines
UL 756 Coin and Currency Changers and Actuators
UL 778 Motor-Operated Water Pumps
UL 916 Energy Management Equipment
UL 961 Electric Hobby and Sports Equipment
UL 983 Surveillance Cameras Units
UL 1419 Professional Video and Audio Equipment

[[Page 37030]]

UL 1433 Control Centers for Changing Message Type Electric Signs
UL 1564 Industrial Battery Chargers
UL 1574 Track Lighting Systems
UL 1740 Industrial Robots and Robotic Equipment
UL 1838 Low Voltage Landscape Lighting Systems
UL 2044 Commercial Closed Circuit Television Equipment
UL 2161 Neon Transformers and Power Supplies
UL 3044 Surveillance Closed Circuit Television Equipment

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    OSHA's recognition of MET, or any NRTL, for a particular test 
standard is limited to equipment or materials (i.e., products) for 
which OSHA standards require third party testing and certification 
before use in the workplace. Consequently, an NRTL's scope of 
recognition excludes any product(s) falling within the scope of a test 
standard for which OSHA has no NRTL testing and certification 
requirements.
    Many of the Underwriters Laboratories Inc. (UL) test standards 
listed above also are approved as American National Standards by the 
American National Standards Institute (ANSI). However, for convenience, 
we use the designation of the standards developing organization (e.g., 
UL 325) for the standard, as opposed to the ANSI designation (e.g., 
ANSI/UL 325). Under our procedures, any NRTL recognized for an ANSI-
approved test standard may use either the latest proprietary version of 
the test standard or the latest ANSI version of that standard. Contact 
``NSSN'' (http://www.nssn.org), an organization partially sponsored by 
ANSI, to find out whether or not a test standard is currently ANSI-
approved.

Preliminary Finding

    MET has submitted an acceptable request for expansion of its 
recognition as an NRTL. Following a review of the application file, the 
assessor's recommendation, and other pertinent information, the NRTL 
Program staff has concluded that OSHA can grant to MET the expansion 
for the additional test standards listed above. The staff therefore 
recommended to the Assistant Secretary that the application be 
preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that MET Laboratories, Inc., can meet 
the requirements as prescribed by 29 CFR 1910.7 for expansion of its 
recognition.
    OSHA welcomes public comments, in sufficient detail, as to whether 
MET has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. To 
consider it, OSHA must receive the comment at the address provided 
above (see ADDRESSES), no later than the last date for comments (see 
DATES above). Should you need more time to comment, OSHA must receive 
your written request for extension at the address provided above no 
later than the last date for comments. You must include your reason(s) 
for any request for extension. OSHA will limit an extension to 30 days, 
unless the requester justifies a longer period. We may deny a request 
for extension if it is frivolous or otherwise unwarranted. You may 
obtain or review copies of MET's request, the memo on the 
recommendation, and all submitted comments, as received, by contacting 
the Docket Office, Room N2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. You 
should refer to Docket No. NRTL1-88, the permanent record of public 
information on MET's recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant MET's expansion request. The Assistant Secretary will make the 
final decision on granting the expansion and, in making this decision, 
may undertake other proceedings that are prescribed in Appendix A to 29 
CFR 1910.7. OSHA will publish a public notice of this final decision in 
the Federal Register.

    Signed at Washington, DC, this 11th day of June, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-15633 Filed 6-19-03; 8:45 am]

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