[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Notices]
[Pages 5299-5305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2643]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL95-F-1]
Nationally Recognized Testing Laboratories, Revised Fee Schedule
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice provides the revised schedule of fees to be
charged by the Occupational Safety and Health Administration (OSHA) to
Nationally Recognized Testing Laboratories (NRTLs). As provided under
29 CFR 1910.7, OSHA charges fees for specific types of services it
provides to NRTLs. These services are: Processing applications for the
initial recognition of an organization as an NRTL, or for expansion or
renewal of an existing NRTL's recognition, and performing audits (post-
recognition reviews) of NRTLs to determine whether they continue to
meet the requirements for recognition. Annually, OSHA reviews the costs
to the Government of providing the services to determine whether any
changes to the fees are warranted. If change is warranted, we publish a
notice to detail the projected costs of providing those services during
the upcoming calendar year and solicit public comment on the revised
fees.
The notice to propose the revised fees was published in the Federal
Register on December 12, 2001 (66 FR 64274), and one comment was
received. As stated in that notice, the revised fees would, and in fact
did, go into effect on January 1, 2002. The revised fees will remain in
effect until superseded by a later fee schedule.
DATES: The Fees Schedule shown in this notice went into effect on
January 1, 2002.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical
Programs and Coordination Activities at the above address, or phone
(202) 693-2110. Our Web page includes information about the NRTL
Program (see http://www.osha-slc.gov/dts/otpca/nrtl/index.html or see
http://www.osha.gov and select ``Programs'').
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that it has revised the fees that the Agency charges to
Nationally Recognized Testing Laboratories (NRTLs). OSHA has taken this
action as
[[Page 5300]]
a result of its annual review of the fees, as provided under 29 CFR
1910.7(f). This review showed that the costs of providing the services
covered by the fees had changed sufficiently to warrant revisions to
the Fee Schedule.
The notice to propose the revised fees was published in the Federal
Register on December 12, 2001 (66 FR 64274). The notice requested
submission of comments by December 27, 2001 (see correction of due
date; 66 FR 65026,
12/17/01). One comment was received, which supported the rationale
behind the changes to the fees. For those unfamiliar with OSHA's NRTL
Program, we provide a brief overview below.
Many of OSHA's safety standards require equipment or products that
are going to be used in the workplace be tested and certified to help
ensure they can be used safely. Products or equipment that have been
tested and certified must have a certification mark on them. An
employer may rely on the certification mark, which shows the equipment
or product has been tested and certified in accordance with OSHA
requirements. In order to ensure that the testing and certification is
done appropriately, OSHA implemented the NRTL Program. The NRTL Program
establishes the criteria that an organization must meet in order to be
and remain recognized as an NRTL.
The NRTL Program requirements are set forth under 29 CFR 1910.7,
``Definition and requirements for a nationally recognized testing
laboratory.'' To be recognized by OSHA, an organization must: (1) Have
the appropriate capability to test, evaluate, and approve products to
assure their safe use in the workplace; (2) be completely independent
of the manufacturers, vendors, and major users of the products for
which OSHA requires certification; (3) have internal programs that
ensure proper control of the testing and certification process; and (4)
have effective reporting and complaint handling procedures.
OSHA requires NRTL applicants (i.e., organizations seeking initial
recognition as an NRTL) to provide detailed information about their
programs, processes, and procedures in writing when they apply for
initial recognition. OSHA reviews the written information and conducts
an on-site assessment to determine whether the organization meets the
requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL
(i.e., an organization already recognized) applies for expansion or
renewal of its recognition. In addition, the Agency conducts annual
audits to ensure that the recognized laboratories maintain their
programs and continue to meet the recognition requirements.
OSHA promulgated the rule that established the fees on July 31,
2000 (65 FR 46797-46819). The first Fee Schedule, i.e., the fees, went
into effect on October 1, 2000. Currently, there are 18 NRTLs operating
more than 45 recognized sites in the U.S., Canada, Europe, and the Far
East.
Program Costs
In preparing the fee schedule presented in this notice, OSHA
evaluated the total resources that it has committed to the NRTL Program
overall and then estimated the costs that are involved solely with the
application approval and the periodic review (i.e., audit) functions.
It is these costs alone that OSHA intends to recover through its fees.
Personnel costs are the wages, salary, and fringe benefit costs of the
staff positions involved and the number of full time equivalent (FTE)
personnel devoted to the NRTL approval and review activities. These
estimates also include travel and other costs of these activities. The
Agency believes these estimates are fair and reasonable.
Based on the total estimated costs and the total estimated FTE,
OSHA calculated an estimated equivalent cost per hour (excluding
travel). This equivalent cost per hour includes both the direct and
indirect costs per hour for ``direct staff'' members, who are the staff
that perform the application, on-site, and legal reviews and the other
activities involved in application processing and audits. In Figure 1,
direct costs are expenses for direct staff members, and indirect costs
are expenses for support and management staff, equipment, and other
costs that are involved in the operation of the program. Support and
management staff consists of program management and secretarial staff.
Equipment and other costs are intended to cover items such as
computers, telephones, building space, utilities, and supplies, that
are necessary or used in performing the services covered by the
proposed fees. Although essential to the services provided, these
indirect costs are not readily linked to the specific activities
involved in application processing and audits and, as explained later,
are therefore allocated to the activities based on direct staff costs.
Figure 1 is an itemization of the estimated costs and the
equivalent cost per hour calculated. OSHA believes that the costs shown
fairly reflect the full cost of providing services to NRTLs and
conducting other program activities. This figure shows how we
calculated the estimated equivalent cost per hour (excluding travel).
Figure 1.--Current Estimated Annual Costs of NRTL Program
----------------------------------------------------------------------------------------------------------------
Aver. cost per FTE (including Total est.
Cost description Est. FTE fringe) costs
----------------------------------------------------------------------------------------------------------------
Direct Staff Costs..................... 4.7.................. $97,830............................ $459,800
Travel................................. Na................... Na................................. 50,000
Indirect Staff & Other Costs........... Na................... Na................................. *73,050
Total Est. Program Costs........... ..................... ................................... 582,850
============
Avg. direct staff cost/hr ($459,800 4.7 FTE x 2,080 hours) 47
Equivalent avg. direct staff cost/hr ($532,850 4.7 FTE x 2,080 hours) (includes direct & 54.50
indirect costs)
----------------------------------------------------------------------------------------------------------------
*This amount consists of $34,800 of indirect staff costs and $38,250 for equipment and other costs.
The use of an ``equivalent average direct staff cost per hour''
measure is a convenient method of allocating indirect costs to each of
the services for which OSHA will charge fees. The same result is
obtained if direct staff costs are first calculated and then indirect
costs are allocated based on the value, i.e., dollar amount, of the
direct staff costs, which is an approach that is consistent with
Federal accounting standards. To illustrate, assume a direct staff
member spends 10 hours on an activity; the direct staff costs would
then be calculated as follows:
Direct staff costs = 10 hours x $47/hour = $470
The $47/hour is the direct staff cost/hour amount shown in Figure
1. The
[[Page 5301]]
indirect costs would be allocated by first calculating the ratio of
indirect costs to direct staff costs, again using the costs shown in
Figure 1. This ratio would be as follows:
Indirect costs/direct staff costs = $73,050/$459,800 = 0.159
Next, the indirect costs would be calculated based on the $470 estimate
of direct staff costs:
Indirect costs = $470 x 0.159 = $75
Finally, the total costs of the activity are calculated:
Total costs = direct staff costs + indirect costs = $470 + $75 = $545
Alternatively, the $545 can be derived by multiplying the $54.50
equivalent staff cost per hour rate by the 10 hours, i.e., $54.50 x
10 hours = $545.
After estimating program costs, the Agency estimated the time it
spends on specific activities or functions. These estimates reflect the
Agency's actual experience in performing the services covered by the
fees. OSHA calculated time estimates for each major service category.
These categories are: Initial applications, expansion and renewal
applications, and audits. OSHA further divided some categories into the
major activities performed and estimated the staff time and travel
costs for each of these activities. The Agency then calculated the cost
of each major activity using the time estimates, the equivalent cost
per hour, and the estimate of travel costs. These costs serve as the
basis for the fees later shown in the revised fee schedule. Examples of
the calculations are shown in Figures 2, 3, 4, and 5.
Figure 2.--Estimated Costs for Initial Application
------------------------------------------------------------------------
Average Average
Major activity hours cost*
------------------------------------------------------------------------
Initial Application Review
Staff time: (includes review by office and field 80 $4,360
staff)...........................................
On-Site Assessment--first day
Staff time: (includes 16 hours preparation, 4 28 1,526
hours travel, 8 hours at site)...................
Travel:........................................... ......... 670
----------
Total (per site, per assessor)................ ......... 2,196
On-Site Assessment--addnl. day
Staff time........................................ 8 436
Travel amount: (to cover per diem)................ ......... 70
----------
Total (per site, per assessor)................ ......... 506
Final Report & Federal Register notice
Staff time: (includes work performed by field 120 6,540
staff and office staff)..........................
------------------------------------------------------------------------
*Average cost for staff time equal average hours x equivalent average
direct staff cost/hr ($54.50).
Figure 3.--Estimated Costs for Expansion Application (Additional Site)
------------------------------------------------------------------------
Major activity Average hours Average cost*
------------------------------------------------------------------------
Application Review (expansion for site)
Staff time: (includes review by 16 $870
office and field staff)............
On-Site Assessment--first day
Staff time: (includes 8 hours 20 1,090
preparation, 4 hours travel, 8
hours at site).....................
Travel.............................. .............. 670
---------------
Total (per site, per assessor).. .............. 1,760
On-Site Assessment--addnl. day
Staff time.......................... 8 436
Travel amount: (to cover per diem).. .............. 70
---------------
Total (per site, per assessor).. .............. 506
Final Report & Federal Register notice
Staff time: (includes work performed 48 2,616
by field staff and office staff)...
------------------------------------------------------------------------
*Average cost for staff time equal average hours x equivalent average
direct staff cost/hr ($54.50).
Figure 4.--Estimated Costs for Renewal or Expansion (Other Than
Additional Site) Application
------------------------------------------------------------------------
Major activity Average hours Average cost*
------------------------------------------------------------------------
Application Review (renewal or expansion
other than additional site)
Staff time: (includes review by 2 $109
office and field staff)............
On-Site Assessment--first day
Staff time: (includes 8 hours 20 1,090
preparation, 4 hours travel, 8
hours at site).....................
Travel.............................. .............. 670
---------------
Total (per site, per assessor).. .............. 1,760
On-Site Assessment--addnl. day
Staff time.......................... 8 436
Travel amount: (to cover per diem).. .............. 70
---------------
Total (per site, per assessor).. .............. 506
[[Page 5302]]
Final Report & Federal Register notice
Staff time: (includes work performed 48 2,616
by field staff and office staff, if
there is an on-site assessment)....
Final Report & Federal Register notice
Staff time: (includes work performed 28 1,526
by field staff and office staff, if
there is NO on-site assessment)....
------------------------------------------------------------------------
*Average cost for staff time equal average hours x equivalent average
direct staff cost/hr ($54.50).
Figure 5.--Estimated Costs for On-Site Audit
------------------------------------------------------------------------
Major activity Average hours Average cost*
------------------------------------------------------------------------
Pre-site Review
Staff time: (field staff only)...... 8 $436
On-Site Audit--first day
Staff time: (includes 4 hours 12 654
travel)............................
Travel.............................. .............. 670
---------------
Total (per site, per assessor).. .............. 1,324
Final report
Staff time: (includes work performed 16 872
by field staff)....................
Total costs..................... .............. **2,632
===============
------------------------------------------------------------------------
*Average cost for staff time equal average hours x equivalent average
direct staff cost/hr ($54.50).
**Based on a one day audit. The costs for any additional days are the
same as the per-day costs for an assessment.
In deriving the fee amounts shown in the fee schedule, OSHA has
generally rounded the costs shown in Figures 2, 3, 4, and 5, up or
down, to the nearest $50 or $100 amount.
OSHA believes that the amounts shown in the fee schedule reflect
the Agency's current reasonable estimation of the costs involved for
the services rendered to NRTLs. As previously mentioned, OSHA is not
attempting to recover the entire cost of the NRTL Program through the
fees but only the costs of providing these services.
What Has Changed
The following table shows the major changes that we have made to
the fee schedule, comparing the fee amount in the previous fee schedule
to the ``revised'' fee in the fee schedule shown later in this notice.
Following the table, we explain the major changes.
Table of Major Changes to Fees Schedule
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Change in fee amount (previous
Description of fee Previous fee amount Revised fee amount minus revised)
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Initial Application Fee........... $3,900.............. $4,400.............. $3,900-$4,400 = $500 (increase).
Expansion Application Fee $1,550.............. $850................ $1,550-$850 = $700 (reduction).
(additional site).
Expansion Application Fee $1,550.............. $110................ $1,550-$110 = $1,440
(additional test standards). (reduction).
Assessment--Initial Application $5,900.............. $6,500.............. $5,900-$6,500 = $600 (increase).
(per site--SUBMIT WITH
APPLICATION).
Review & Evaluation Fee (per 10 $50 per standard.... $10 per ten $500-$10 = $490 per ten
standards) (for standards already standards. standards (reduction).
recognized for NRTLs or not
requiring on-site review).
Final Report/Register Notice Fee-- $4,300.............. $2,600.............. $4,300-$2,600 = $1,700
Renewal or Expansion Application (reduction).
(if OSHA performs on-site
assessment).
Final Report/Register Notice Fee-- $4,300.............. $1,500.............. $4,300-$1,500 = $2,800
Renewal or Expansion Application (reduction).
(if OSHA performs NO on-site
assessment).
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The previous Expansion Application Fee was based upon an NRTL
submitting an application that included adding a site and a set of
standards to its recognition. Many past expansion applications that we
had received were so structured, and the fees were estimated on the
basis of receiving similar such applications. However, more recently,
NRTLs have submitted an expansion application covering a limited number
of test standards and did not couple this request with an expansion for
an additional site. In addition, the previous Expansion Application Fee
was estimated on the basis of the NRTL submitting documentation to
justify its capabilities for performing testing in an area outside its
present scope of recognition. However, if the testing falls within its
current capabilities, the application consists of a letter listing the
test standards for which it is seeking recognition. The review of this
letter is similar to the review we perform for a renewal request. If
OSHA must review substantial documentation, e.g., if a standard falls
outside the NRTL's current testing capabilities, or if OSHA
[[Page 5303]]
has not previously recognized a particular test standard for any NRTL,
the previous standard fee of $50, which has now changed to $55, covered
the necessary staff work to grant the expansion request for that test
standard. If on the other hand OSHA must perform minimal review in
determining whether to grant the expansion request for a standard, the
rate is $10 for every ten or fewer standards. As a result, we have
split the expansion application fee essentially into two fees and
adjusted the review and evaluation fee to reflect the work involved for
the scenarios just described.
As shown in Figure 1 and later in the proposed fee schedule, the
hourly cost charged for staff time is now $54.50, or about 11% higher
than the hourly rate of $49 in our previous fee schedule, which is
available on our web site. The $49 was based upon staff salary and
fringe and other program costs during 1999, whereas the $54.50 is based
upon projected costs during 2002. Therefore, the 11% increase reflects
changes that have accumulated over a three year period, or about 3.6%
compounded annually, which is consistent with annual salary adjustments
provided to Federal employees.
Fee Schedule and Description of Fees
OSHA establishes the following fee schedule, which will remain in
effect until superseded by a later fee schedule:
Table A--Fee Schedule
Nationally Recognized Testing Laboratory Program--(NRTL Program)--Fee
Schedule (Effective January 1, 2002) \10\
------------------------------------------------------------------------
Activity or category
(fee charged per
Type of service application unless Fee amount
noted otherwise)
------------------------------------------------------------------------
Application Processing...... Initial Application $4,400
Review \1\.
Expansion $850
Application Fee
(per additional
site) \1\.
Renewal Application $110
Fee or Expansion
(other) Application
Fee \1\.
Assessment--Initial $6,500
Application (per
site--SUBMIT WITH
APPLICATION) 2,4.
Assessment--Initial $1,500 + travel
Application (per expenses.
person, per site--
first day--BILLED
AFTER ASSESSMENT)
2,7,8.
Assessment--Expansio $1,100 + expenses.
n or Renewal
Application (per
person, per site--
first day) 3,8.
Assessment--each $440 + travel
addnl. day (per expenses.
person, per site)
2,3,8.
Review & Evaluation $10 per 10 standards
Fee \5\ ($10 per 10 or $55 per
standards if standard.
standards already
recognized for
NRTLs or require
minimal review;
else $55 per
standard).
Final Report/ $6,550
Register Notice--
Initial Application
\5\.
Final Report/ $2,600
Register Notice
Fee--Renewal or
Expansion
Application (if
OSHA performs on-
site assessment)
\5\.
Final Report/ $1,500
Register Notice
Fee--Renewal or
Expansion
Application (if
OSHA performs NO on-
site assessment)
\5\.
Audits...................... On-site Audit (per $1,950 + travel
person, per site-- expenses.
first day) \6\.
On-site Audit (per $440 + travel
person, per site-- expenses.
each addnl. day)
\6\.
Office Audit (per $440
site) \6\.
Miscellaneous............... Supplemental Travel $1,000
(per site--for
sites located
outside the 48
contiguous States,
including the
District of
Columbia) \4\.
Late Payment \9\.... $55
------------------------------------------------------------------------
Notes to OSHA Fee Schedule for NRTLs:
1. Who must pay the Application Review fees, and when must they be paid?
If you are applying for initial recognition as an NRTL, you must pay the
Initial Application Review fee and include this fee with your initial
application. If you are an NRTL and applying for an expansion or
renewal of recognition, you must pay the Expansion Application Review
fee or Renewal Application Review fee, as appropriate, and include the
fee with your expansion or renewal application.
2. What assessment fees do you submit for an initial application, and
when must they be paid?
If you are applying for initial recognition as an NRTL, you must pay
$6,500 for each site for which you wish to obtain recognition, and you
must include this amount with your initial application. We base this
amount on two assessors performing a three day assessment at each
site. After we have completed the assessment work, we will calculate
our assessment fee based on the actual staff time and travel costs
incurred in performing the assessment. We will calculate this fee at
the rate of $1,500 for the first day and $440 for each additional day,
plus actual travel expenses, for each assessor. Actual travel expenses
are based on government per diem and travel fares. We will bill or
refund the difference between the amount you pre-paid, $6,500/site,
and this fee. We will reflect this difference in the final bill that
we will send to you at the time we publish the preliminary Federal
Register notice announcing the application.
3. What assessment fees do you submit for an expansion or renewal
application, and when must they be paid?
If you are an NRTL and applying solely for an expansion or renewal of
recognition, you do not submit any assessment fee with your
application. If we need to perform an assessment for the expansion or
renewal request, we will bill you for the fee after we perform the
assessment for the actual staff time and travel costs we incurred in
performing the assessment. We will assess this fee at the rate of
$1,100 for the first day and $440 for each additional day, plus actual
travel expenses, for each assessor. Actual travel expenses are based
on government per diem and travel fares.
4. When do I pay the Supplemental Travel fee?
You must include this fee when you submit an initial application for
recognition and the site you wish to recognized is located outside the
48 contiguous U.S. states (including the District of Columbia). The
current supplemental travel fee is $1,000. We will factor in this
prepayment when we bill for the actual costs of the assessment, as
described in our note #2 above. See note 7 for possible refund of
Assessment fees.
5. When do I pay the Review and Evaluation and the appropriate Final
Report/Register Notice fees?
We will bill an applicant or an NRTL for the appropriate fees at the
time we publish the preliminary Federal Register notice to announce
the application. We will bill at the rate of $10 per 10 standards
reviewed, or fraction thereof, for those standards that OSHA has
previously recognized for any NRTLs and/or that require minimal review
in determining whether to grant recognition for the additional test
standards. Otherwise, we will bill at the rate of $55 per standard and
provide appropriate explanation.
6. When do I pay the Audit fee?
[[Page 5304]]
We will bill the NRTL for this fee (on-site or office, as deemed
necessary) after completion of the audit. We will calculate our fee
based on actual staff time and travel costs incurred in performing the
audit. We will calculate this fee at the rate of $1,950 for the first
day and $440 for each additional day, plus actual travel expenses for
each auditor. Actual travel expenses are based on government per diem
and travel fares.
7. When and how can I obtain a refund for the fees that I paid?
If you are applying for initial recognition as an NRTL, we will refund
the assessment fees that we have collected if you withdraw your
application before we have traveled to your site to perform the on-
site assessment. We will also credit your account for any amount we
owe you if the assessment fees we have collected are greater than the
actual costs of the assessment. Other than these two cases, we will
not refund or grant credit for any other fees that are due or that we
have collected.
8. What rate does OSHA use to charge for staff time?
OSHA has estimated an equivalent staff cost per hour that it uses for
determining the fees that are shown in the Fee Schedule. This hourly
rate takes into account the costs for salary, fringe benefits,
equipment, supervision and support for each ``direct staff'' member,
that is, the staff that perform the main activities identified in the
Fee Schedule. The rate is an average of these amounts for each of
these direct staff members. The current estimated equivalent staff
costs per hour = $54.50.
9. What happens if I do not pay the fees that I am billed?
As explained above, if you are an applicant, we will send you a final
bill for the fees at the time we publish the preliminary Federal
Register notice. If you do not pay the bill by the due date, we will
assess the Late Payment fee shown in the Fee Schedule. This late
payment fee represents one hour of staff time at the equivalent staff
cost per hour (see note 8). If we do not receive payment within 60
days of the bill date, we will cancel your application. As also
explained above, if you are an NRTL, we will send you a bill for the
audit fee after completion of the audit. If you do not pay the fee by
the due date, we will assess the Late Payment Fee shown in the Fee
Schedule. If we do not receive payment within 60 days of the bill
date, we will publish a Federal Register notice stating our intent to
revoke recognition.
10. How do I know whether this is the most Current Fee Schedule?
You should contact OSHA's NRTL Program (202-693-2110) or visit the
program's web site to determine the effective date of the most current
Fee Schedule. Access the site by selecting ``Subject Index'' or
``Programs'' at www.osha.gov. Any application processing fees are
those in effect on the date you submit your application. Audit fees
are those in effect on the date we begin our audit. Any pending
application (i.e., an application that OSHA has not yet completed
processing) will be subject only to the fees for the activities that
OSHA begins on or after the effective date of the initial fee
schedule.
The fee schedule shows the current activities for which OSHA
charges fees. In evaluating the changes to the fee schedule, OSHA
considered the following: (1) Actual expenditures of the 2001 fiscal
year, and (2) estimated costs of the 2002 fiscal year.
The following is a description of the tasks and functions currently
covered by each type of fee category, e.g., application fees, and the
basis used to charge each fee.
Application Fees
This fee reflects the technical work performed by office and field
staff in reviewing application documents to determine whether an
applicant submitted complete and adequate information. The application
review does not include a review of the test standards requested, which
is reflected in the review and evaluation fee. Application fees would
be based on average costs per type of application. OSHA uses average
costs since the amount of time spent on the application review does not
vary greatly by type of application. This is based on the premise that
the number and type of documents submitted will generally be the same
for a given type of application. Experience has shown that most
applicants follow the application guide that OSHA provides to them.
Assessment Fees
This fee is different for initial and for expansion or renewal
applications. It is based on the number of days for staff preparatory
and on-site work and related travel. Three types of fees are shown, and
each one would be charged per site and per person. The two fees for the
first day reflect time for office preparation, time at the applicant's
facility, and an amount to cover travel in the 48 contiguous states. A
supplemental travel amount is assessed for travel outside this area.
These travel amounts are only estimates for purposes of submitting the
initial fees. The applicant or NRTL is billed actual expenses, based on
government per diem and travel fares. Any difference between actual
travel expenses and the travel amounts in the fee schedule are
reflected in the final bill or refund sent to the applicant or NRTL.
Similar to the application fee, the office preparation time
generally involves the same types of activities. Actual time at the
facility may vary, but the staff devote at least a full day for
traveling and for performing the on-site work. The fee for the
additional day reflects time spent at the facility and an amount for
one day's room and board.
Review and Evaluation Fee: This fee is charged per test standard
(which is part of an applicant's proposed scope of recognition). The
fee reflects the fact that staff time spent in the office review of an
application varies mainly in accordance with the number of test
standards requested by the applicant. In general, the fee is based on
the estimated time necessary to review test standards to determine
whether each one is ``appropriate,'' as defined in 29 CFR 1910.7, and
covers equipment for which OSHA mandates certification by an NRTL. The
fee also covers time to determine the current designation and status
(i.e., active or withdrawn) of a test standard by reviewing current
directories of the applicable test standard organization. Furthermore,
it includes time spent discussing the results of the application review
with the applicant. The actual time spent will vary depending on
whether an applicant requests test standards that have previously been
approved for other NRTLs. When the review is minimal, these activities
take approximately 2 hours for every 10 or fewer standards. When the
review is more substantial, the estimated average review time per
standard is one hour for each standard, which translates to $55 per
standard. Substantial review will occur when the standard has not been
previously recognized for any NRTL or when the NRTL is proposing to do
testing outside its current scope of recognition.
Final Report/Register Notice Fees
Each of these fees is charged per application. The fee reflects the
staff time to prepare the report of the on-site review (i.e.,
assessment) of an applicant's or an NRTL's facility. The fee also
reflects the time spent making the final evaluation of an application,
preparing the required Federal Register notices, and responding to
comments received due to the preliminary finding notice. These fees are
based on average costs per type of application, since the type and
content of documents prepared are generally the same for each type of
applicant. There is a separate fee when OSHA performs no on-site
assessment. In these cases, the NRTL Program staff perform an office
assessment and prepare a memo to recommend the expansion or renewal.
Audit (Post-Recognition Review) Fees
These fees reflect the time for office preparation, time at the
facility and travel, and time to prepare the audit report of the on-
site audit. A separate fee is shown for an office audit conducted in
lieu of an actual visit. Each fee is per site and does not generally
vary for the same reasons
[[Page 5305]]
described for the assessment fee and because the audit is generally
limited to one day. As previously described, the audit fee would
include amounts for travel, and, similar to assessments, OSHA will bill
the NRTL for actual travel expenses.
Miscellaneous Fees
The sample fee schedule only shows the average cost for one full
day of staff time. OSHA would use this fee primarily in cases of
refunding the assessment fee. OSHA will also charge a fee for late
payment of the annual audit fee. The amount for the late fee is based
on 1 hour of staff time.
Final Decision
OSHA performed its annual review of the fees it currently charges
to Nationally Recognized Testing Laboratories, as provided under 29 CFR
1910.7(f). Based on this review, OSHA determined that certain fees
warranted change, as detailed in this notice. As a result, OSHA now
establishes the revised fees by adopting the Nationally Recognized
Testing Laboratory Program Fees Schedule shown as Table A above, which
was effective as of January 1, 2002, as provided in the preliminary
notice published on December 12, 2001 (66 FR 64274). This fee schedule
will remain in effect until superseded by a later fee schedule. OSHA
will provide the public an opportunity to comment on any future changes
to the fees.
Signed at Washington, DC, this 17 day of January, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 02-2643 Filed 2-4-02; 8:45 am]
BILLING CODE 4510-26-P