[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Notices]
[Pages 36260-36263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12957]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-88]


MET Laboratories, Inc., Renewal and Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
application of MET Laboratories, Inc., for renewal of its recognition 
as a Nationally Recognized Testing Laboratory, under 29 CFR 1910.7, and 
the related application of MET Laboratories, Inc., for expansion of its 
recognition to include additional test standards.

EFFECTIVE DATE: The renewal is effective on May 23, 2002 and will be 
valid until May 23, 2007, unless terminated or modified prior to that 
date, in accordance with 29 CFR 1910.7. The renewal incorporates the 
expansion.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet or Sherrey Nicolas, 
Office of Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N3653, Washington, DC 20210, 
or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the renewal and expansion of recognition of MET 
Laboratories, Inc., (MET) as a Nationally Recognized Testing Laboratory 
(NRTL). MET's expansion covers the use of two additional test 
standards. The NRTL's scope of recognition may be found in the 
following OSHA informational web page: http://www.osha-slc.gov/dts/otpca/nrtl/met.html. The information on this page will be updated in 
the very near future to include the recognitions granted in this 
notice.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in 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.
    MET Laboratories, formerly known as MET Electrical Testing Company, 
applied to OSHA for recognition as a Nationally Recognized Testing 
Laboratory in April 1988. On May 16, 1989 (54 FR 21136), it received 
this initial recognition. MET applied for its first renewal in August 
1993, which OSHA announced, along with other MET applications on August 
6, 1996 (61 FR 41661) and granted on November 20, 1996 (61 FR 59114). 
The Agency granted MET's renewal for a period of five years ending on 
November 20, 2001.
    Appendix A to 29 CFR 1910.7 stipulates that the period of 
recognition of an NRTL is five years and that an NRTL may renew its 
recognition by applying not less than nine months, nor more than one 
year, before the expiration date of its current recognition. MET 
submitted a request, dated February 9, 2001 (see Exhibit 28), to renew 
its recognition within the time allotted, and MET retains its 
recognition pending OSHA's final decision in this renewal process. 
MET's existing scope of recognition consists of the facility already 
recognized and the supplemental programs, as listed below, and the test 
standards listed under Renewal of Recognition below.
    MET also submitted a request, dated February 13, 2002 (see Exhibits 
28-1), to expand its recognition to include the two additional test 
standards listed below. The OSHA NRTL Program staff determined that the 
two test standards, listed below under Expansion of Recognition, are 
appropriate within the meaning of 29 CFR 1910.7(c) and can be included 
in MET's scope of recognition. The staff makes such determinations in 
processing applications from any NRTL.

[[Page 36261]]

    In processing MET's renewal request, OSHA NRTL Program staff 
performed an on-site review of MET's facility on October 1 and 3, 2001. 
In the on-site review report (see Exhibit 29), the staff recommended a 
``positive finding,'' which means a positive recommendation to the 
Assistant Secretary regarding the renewal. In processing MET's 
expansion request to include the additional standards, OSHA NRTL 
Program staff did not perform an on-site review but reviewed 
documentation pertinent to the request and in a memo (see Exhibit 29-1) 
recommended the expansion of MET's recognition to include the 
additional test standards listed below.
    OSHA published the required notice in the Federal Register on April 
11, 2002 (67 FR 17722), to announce MET's renewal and expansion 
requests. This notice included a preliminary finding that MET could 
meet the requirements in 29 CFR 1910.7 for renewal and expansion of its 
recognition and invited public comment by April 26, 2002. OSHA received 
no comments concerning this notice.
    The previous notice published by OSHA for MET's recognition covered 
an expansion of recognition to include additional standards, which 
became effective on September 26, 2001 (66 FR 49211). The other Federal 
Register notices related to MET's recognition that OSHA has published 
since MET's previous renewal addressed an expansion for additional 
standards, which OSHA announced on November 10, 1998 (63 FR 63085) and 
granted on March 9, 1999 (64 FR 11502). The renewal incorporates all of 
these recognitions granted to MET, including the expansion being 
granted in this notice.
    You may obtain or review copies of all public documents pertaining 
to the MET applications by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N2625, Washington, DC 20210. You should 
refer to Docket No. NRTL1-88, the permanent record of public 
information on the MET recognition.
    The current address of the MET facility (site) already recognized 
by OSHA is: MET Laboratories, Inc., 914 West Patapsco Avenue, 
Baltimore, Maryland 21230.

Programs and Procedures

    The renewal of recognition includes MET's continued use of the 
following supplemental programs and procedures based upon the criteria 
detailed in the March 9, 1995 Federal Register notice (60 FR 12980, 3/
9/95). This notice lists nine (9) programs and procedures 
(collectively, programs), eight of which an NRTL may use to control and 
audit, but not actually to generate, the data relied upon for product 
certification. An NRTL's initial recognition will always include the 
first or basic program, which requires that all product testing and 
evaluation be performed in-house by the NRTL that will certify the 
product. OSHA has already recognized MET for these programs. See http://www.osha-slc.gov/dts/otpca/nrtl/met.html.
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 5: Acceptance of testing data from non-independent 
organizations.
    Program 6: Acceptance of evaluation data from non-independent 
organizations (requiring NRTL review prior to marketing).
    Program 7: Acceptance of continued certification following minor 
modifications by the client.
    Program 8: Acceptance of product evaluations from organizations 
that function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.
    OSHA developed these programs to limit how an NRTL may perform 
certain aspects of its work and to permit the activities covered under 
a program only when the NRTL meets certain criteria. In this sense, 
they are special conditions that the Agency places on an NRTL's 
recognition. OSHA does not consider these programs in determining 
whether an NRTL meets the requirements for recognition under 29 CFR 
1910.7. However, these programs help to define the scope of that 
recognition.

Final Decision and Order

    The NRTL Program staff has examined the applications, the 
assessor's report and memo, and other pertinent information. Based upon 
this examination and the assessor's recommendations, OSHA finds that 
MET Laboratories, Inc., has met the requirements of 29 CFR 1910.7 for 
renewal and expansion of its NRTL recognition. The renewal and 
expansion apply to the site listed above. In addition, the renewal and 
expansion cover the test standards listed below and are subject to the 
limitations and conditions, also listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby renews and expands the 
recognition of MET, subject to these limitations and conditions.

Limitations

Renewal of Recognition
    OSHA limits the renewal of recognition of MET to the site listed 
above. OSHA further limits the renewal of recognition of MET to testing 
and certification of products for demonstration of conformance to the 
following 102 test standards, which OSHA has previously recognized for 
MET. Except as explained below (see paragraph immediately following 
listing of standards), all these standards are ``appropriate,'' within 
the meaning of 29 CFR 1910.7(c).

ANSI C12.1  Code for Electricity Meters
ANSI/IEEE C57.13  Terminology and Test Code for Instrument Transformers
ANSI/UL 5  Surface Metal Raceways and Fittings
ANSI/UL 22  Electric Amusement Machines
UL 45  Portable Electric Tools
ANSI/UL 50  Enclosures for Electrical Equipment
ANSI/UL 65  Electric Wired Cabinets
ANSI/UL 73  Electric Motor-Operated Appliances
ANSI/UL 122  Electric Photographic Equipment
ANSI/UL 130  Electric Heating Pads
ANSI/UL 153  Portable Electric Lamps
ANSI/UL 187  X-Ray Equipment
ANSI/UL 197  Commercial Electric Cooking Appliances
ANSI/UL 201  Garage Equipment
ANSI/UL 231  Electrical Power Outlets
UL 416  Refrigerated Medical Equipment
ANSI/UL 469  Musical Instruments and Accessories
ANSI/UL 471  Commercial Refrigerators and Freezers
ANSI/UL 482  Portable Sun/Heat Lamps
ANSI/UL 484  Room Air Conditioners
ANSI/UL 499  Electric Heating Appliances
UL 506  Specialty Transformers
ANSI/UL 507  Electric Fans
ANSI/UL 508  Electric Industrial Control Equipment
ANSI/UL 514A  Metallic Outlet Boxes, Electrical
UL 544  Electric Medical and Dental Equipment
UL 664  Commercial Dry-Cleaning Machines (Type IV)
ANSI/UL 676  Underwater Lighting Fixtures
ANSI/UL 698  Industrial Control Equipment for Use in Hazardous 
(Classified) Locations

[[Page 36262]]

ANSI/UL 705  Power Ventilators
UL 745-1  Portable Electric Tools
UL 745-2-1  Particular Requirements of Drills
UL 745-2-2  Particular Requirements for Screwdrivers and Impact 
Wrenches
UL 745-2-3  Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4  Particular Requirements for Sanders
UL 745-2-5  Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6  Particular Requirements for Hammers
UL 745-2-8  Particular Requirements for Shears and Nibblers
UL 745-2-9   Particular Requirements for Tappers
UL 745-2-11  Particular Requirements for Reciprocating Saws
UL 745-2-12  Particular Requirements for Concrete Vibrators
UL 745-2-14  Particular Requirements for Planers 
UL 745-2-17  Particular Requirements for Routers and Trimmers
UL 745-2-30  Particular Requirements for Staplers
UL 745-2-31  Particular Requirements for Diamond Core Drills
UL 745-2-32  Particular Requirements for Magnetic Drill Presses
UL 745-2-33  Particular Requirements for Portable Bandsaws
UL 745-2-34  Particular Requirements for Strapping Tools
UL 745-2-35  Particular Requirements for Drain Cleaners
UL 745-2-36  Particular Requirements for Hand Motor Tools
UL 745-2-37  Particular Requirements for Plate Jointers
ANSI/UL 751 Vending Machines
UL 763  Motor-Operated Commercial Food Preparing Machines
UL 775   Graphic Arts Equipment
ANSI/UL 813  Commercial Audio Equipment
ANSI/UL 859  Personal Grooming Appliances
UL 869A  Standard for Service Equipment
ANSI/UL 886 \*\*  Outlet Boxes and Fittings for Use in Hazardous 
(Classified) Locations
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    \*\ Testing and certification of products under this test 
standard is limited to Class I locations. Explosion testing is also 
limited to current test chamber capabilities.
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ANSI/UL 913  Intrinsically Safe Apparatus and Associated apparatus for 
Use in Class I, II, and III, Division 1, Hazardous Locations
ANSI/UL 923  Microwave Cooking Appliances
UL 935  Fluorescent-Lamp Ballasts
ANSI/UL 982  Motor-Operated Household Food Preparing Machines
ANSI/UL 1012  Power Supplies
ANSI/UL 1017  Vacuum Cleaning Machines and Blower Cleaners
ANSI/UL 1018  Electric Aquarium Equipment
UL 1026  Electric Household Cooking and Food Serving Appliances
UL 1028  Hair Clipping and Shaving Appliances
ANSI/UL 1042  Electric Baseboard Heating Equipment
ANSI/UL 1054  Special-Use Switches
ANSI/UL 1069  Hospital Signaling and Nurse-Call System
UL 1083  Household Electric Skillets and Frying-Type Appliances
ANSI/UL 1203*  Explosion-Proof and Dust-Ignition-Proof Electrical 
Equipment for Use in Hazardous (Classified) Locations
UL 1236  Battery Chargers for Charging Engine-Starter Batteries
UL 1244  Electrical and Electronic Measuring and Testing Equipment
UL 1248  Engine-Generator Assemblies for Use in Recreational Vehicles
ANSI/UL 1262  Laboratory Equipment
ANSI/UL 1270  Radio Receivers, Audio Systems, and Accessories

ANSI/UL 1310  Direct Plug-In Transformer Units
ANSI/UL 1409  Low-Voltage Video Products Without Cathode-Ray-Tube 
Displays
ANSI/UL  1410 Television Receivers and High-Voltage Video Products
ANSI/UL  1411 Transformers and Motor Transformers for Use in Audio-, 
Radio-, and Television-Type Appliances
UL 1431  Personal Hygiene and Health Care Appliances
UL 1449  Transient Voltage Surge Suppressors
UL 1459  Telephone Equipment
UL 1492  Audio-Video Products and Accessories
ANSI/UL 1570  Fluorescent Lighting Fixtures
ANSI/UL 1571  Incandescent Lighting Fixtures
UL 1598 Luminaries
ANSI/UL 1573  Stage and Studio Lighting Units
UL 1585  Class 2 and Class 3 Transformers
UL 1604  Electrical Equipment for Use In Class I and II, Division 2, 
and Class III Hazardous (Classified) Locations
ANSI/UL 1638  Visual Signaling Appliances--Private Mode Emergency and 
General Utility Signaling
ANSI/UL 1647  Motor-Operated Massage and Exercise Machines
UL 1778  Uninterruptible Power Supply Equipment
UL 1786  Nightlights
UL 1950  Safety of Information Technology Equipment, Including 
Electrical Business Equipment
UL 1993  Self-Ballasted Lamps and Lamp Adapters
UL 1995  Heating and Cooling Equipment
UL 2601-1  Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 3101-1  Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 3111  Electrical Measuring and Test Equipment; Part 1: General 
Requirements
UL 6500  Audio/Visual and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use

    Note: Testing and certification of gas operated equipment is 
limited to Class I to equipment for use with ``liquefied petroleum 
gas'' (``LPG'' or ``LP-Gas'')


    At the time of preparation of the preliminary notice, some of the 
test standards for which OSHA currently recognizes MET, and which are 
listed above, have been withdrawn or replaced by the standards 
developing organization. Under OSHA policy regarding such withdrawn or 
replaced test standards, OSHA can no longer recognize the NRTL for the 
test standards, but the NRTL may request recognition for comparable 
test standards, i.e., other appropriate test standards covering similar 
types of product testing. However, a number of other NRTLs also are 
recognized for these withdrawn or replaced standards. As a result, OSHA 
will publish a separate notice to make the appropriate substitutions 
for MET and the other NRTLs that were recognized for these standards.
    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 test standards listed above, and listed later in this 
notice, are approved as American National Standards by the American 
National Standards Institute (ANSI). However, for convenience in 
compiling the list, we use the designation of the standards developing 
organization (e.g., UL 1012) for the standard, as opposed to the ANSI 
designation (e.g., ANSI/UL 1012). Under

[[Page 36263]]

our procedures, an 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, regardless of whether it is 
currently recognized for the proprietary or ANSI version. Contact ANSI 
or the ANSI web site (http://www.ansi.org) and click ``NSSN'' to find 
out whether or not a test standard is currently ANSI-approved.

Expansion of Recognition

    OSHA limits the expansion to testing and certification of products 
for demonstration of conformance to the following two test standards, 
and, as indicated above, OSHA has determined the standards are 
``appropriate.''

UL 924  Emergency Lighting and Power Equipment
UL 1008  Transfer Switch

Conditions

    MET Laboratories, Inc., must also abide by the following conditions 
of the recognition, in addition to those already required by 29 CFR 
1910.7:
    OSHA must be allowed access to the MET facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If MET has reason to doubt the efficacy of any test standard it is 
using under this program, it must promptly inform the organization that 
developed the test standard of this fact and provide that organization 
with appropriate relevant information upon which its concerns are 
based;
    MET must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, MET agrees that it will allow no representation 
that it is either a recognized or an accredited Nationally Recognized 
Testing Laboratory (NRTL) without clearly indicating the specific 
equipment or material to which this recognition is tied, or that its 
recognition is limited to certain products;
    MET must inform OSHA as soon as possible, in writing, of any change 
of ownership, facilities, or key personnel, and of any major changes in 
its operations as an NRTL, including details;
    MET will continue to meet all the terms of its recognition and will 
always comply with all OSHA policies pertaining to this recognition; 
and MET will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 14th day of May, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 02-12957 Filed 5-22-02; 8:45 am]
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