[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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effect until superseded by a later fee schedule.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
----------------------------------------------------------------------------------------------------------------
                                                                                 Change in fee amount (previous
        Description of fee           Previous fee amount   Revised fee amount            minus revised)
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------

    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