[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3358-3359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01130]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]


MET Laboratories, Inc.: Applications for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of MET 
Laboratories, Inc., for expansion of the recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the agency's 
preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before February 7, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at 
https://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Docket: To read or download submissions or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket are listed in the 
https://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the website. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for 
assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2006-0028). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data. For further information on submitting 
comments, see the ``Public Participation'' heading in the section of 
this notice titled SUPPLEMENTARY INFORMATION.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before February 7, 2022 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, phone: (202) 693-1999 or email: 
[email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, phone: (202) 693-2110 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that MET Laboratories, Inc. (MET), is applying for expansion of 
the current recognition as a NRTL. MET requests the addition of four 
test standards to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified in 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within the 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The agency processes applications by a NRTL for initial recognition 
and for an 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 a preliminary finding. In the second notice, 
the agency provides a final decision on the application. These notices 
set forth the NRTL's scope of recognition or modifications of that 
scope. OSHA maintains an informational web page for

[[Page 3359]]

each NRTL, including MET, which details the NRTL's scope of 
recognition. These pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    MET currently has one facility (site) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland 
21230. A complete list of MET's scope of recognition is available at 
https://www.osha.gov/dts/otpca/nrtl/met.html.

II. General Background on the Applications

    MET submitted four applications, one dated January 14, 2019 (OSHA-
2006-0028-0075), the second, dated July 30, 2019 (OSHA-2006-0028-0076), 
which was amended on July 29, 2020 (OSHA-2006-0028-0079). The third and 
fourth applications were received on August 13, 2019 (OSHA-2006-0028-
0077) and (OSHA-2006-0028-0078). Together, the expansion applications 
would add four additional test standards to MET's NRTL recognition. 
OSHA staff performed a detailed analysis of the application packets and 
reviewed other pertinent information. OSHA did not perform any on-site 
reviews in relation to these applications.
    Table 1 below, lists the appropriate test standards found in MET's 
applications for expansion for testing and certification of products 
under the NRTL Program.

Table 1--Proposed Appropriate Test Standards for Inclusion in MET's NRTL
                          Scope of Recognition
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       Test standard                     Test standard title
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UL 60079-28...............  Explosive Atmospheres--Part 28: Protection
                             of Equipment and transmission Systems Using
                             Optical Radiation.
TIA 4950..................  Requirements for Battery--Powered, Portable
                             Land Mobile Radio Applications in Class I,
                             II, and III, Division 1, Hazardous
                             (Classified) Locations.
UL 551....................  Transformer Type Arc--Welding Machines.
UL 1004-1.................  Rotating Electrical Machines.
------------------------------------------------------------------------

    In reviewing the expansion applications, OSHA discovered that the 
standard TIA 4950 had been revised in May 2014 (Revision A) and July 
2020 (Revision B). OSHA examined these revisions and preliminarily 
determined that they are not substantive in nature. Therefore, OSHA has 
preliminarily determined that the current version of TIA 4950 (Revision 
B) remains an appropriate test standard under the NRTL Program 
Regulation, 29 CFR 1910.7, and that OSHA need not reevaluate the 
recognition of any NRTLs currently recognized for TIA 4950. Moreover, 
although MET's expansion application sought recognition for TIA 4950A 
only, and not TIA 4950B (see OSHA-2006-0028-0076; OSHA-2006-0028-0079), 
OSHA preliminarily concludes that MET's application for expansion, if 
granted, will include recognition for the current version of TIA 4950 
(again, because any changes made in Revision B are not substantive). 
OSHA welcomes comment on these determinations.

III. Preliminary Findings on the Applications

    MET submitted acceptable applications for expansion of the scope of 
recognition. OSHA's review of the application files, and pertinent 
documentation, indicate that MET can meet the requirements prescribed 
by 29 CFR 1910.7 for expanding the recognition to include the addition 
of these four test standards for NRTL testing and certification listed 
in Table 2. This preliminary finding does not constitute an interim or 
temporary approval of MET's applications.
    OSHA welcomes public comment as to whether MET meets the 
requirements of 29 CFR 1910.7 for expansion of the recognition as a 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if the request 
is not adequately justified. To obtain or review copies of the exhibits 
identified in this notice, as well as comments submitted to the docket, 
contact the Docket Office, at the above address. These materials also 
are available online at https://www.regulations.gov under Docket No. 
OSHA-2006-0028.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health whether to grant MET's applications for 
expansion of the scope of recognition. The Assistant Secretary will 
make the final decision on granting the applications. In making this 
decision, the Assistant Secretary may undertake other proceedings 
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the 
Federal Register.

IV. Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, authorized the preparation of this notice. 
Accordingly, the agency is issuing this notice pursuant to Section 29 
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393; 
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on January 12, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-01130 Filed 1-20-22; 8:45 am]
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