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• Publication Date: 08/17/2006
• Publication Type: Notice
• Fed Register #: 71:47532-47534
• Standard Number: 1910.7
• Title: MET Laboratories, Inc., Application for Expansion of Recognition

[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Notices]               
[Page 47532-47534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au06-85]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-88]
 
MET Laboratories, Inc., Application for Expansion of Recognition

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

ACTION: Notice.

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

DATES: You must submit information or comments, or any request for 
extension of the time to comment, by the following dates:
     Hard copy: postmarked or sent by September 1, 2006.
     Electronic transmission or facsimile: sent by September 1, 
2006.

ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL1-88--by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the 
instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you 
may fax them to the OSHA Docket Office at (202) 693-1648.
     Regular mail, express delivery, hand delivery and courier 
service: Submit three copies to the OSHA Docket Office, Docket No. 
NRTL1-88, U.S. Department of Labor, 200 Constitution Avenue, NW., Room 
N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY 
number is (877) 889-5627). OSHA Docket Office hours of operation are 8:15 a.m. 
to 4:45 p.m., EST.
    Instructions: All comments received will be posted without change 
to http://dockets.osha.gov, including any personal information 
provided. OSHA cautions you about submitting personal information such 
as social security numbers and birth dates.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dockets.osha.gov. Contact the OSHA 
Docket Office for information about materials not available through the 
OSHA Web page and for assistance in using the Web page to locate docket 
submissions.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to the Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-3655, Washington, DC 20210. Or, fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-3655, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that MET Laboratories, Inc. (MET) has applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). MET's expansion request covers the use of additional 
test standards. OSHA's current scope of recognition for MET may be 
found in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/met.html.

    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Sec.  1910.7 of Title 29, Code of Federal 
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the 
organization can perform independent safety testing and certification 
of the specific products covered within its scope of recognition and is 
not a delegation or grant of government authority. As a result of 
recognition, employers may use products ``properly certified'' \1\ by 
the NRTL to meet OSHA standards that require testing and certification.
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    \1\ Properly certified means, in part, that the product is 
labeled or marked with the NRTL's ``registered'' certification mark 
(i.e., the mark the NRTL uses for its NRTL work) and that the 
product certification falls within the scope of recognition of the 
NRTL.
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    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.gov/dts/otpca/nrtl/index.html.

    The most recent notice published by OSHA specifically related to 
MET's recognition granted an expansion of its NRTL scope, which became 
effective on December 5, 2005 (70 FR 72470).
    The current address of the MET facility already recognized by OSHA 
is: MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, MD 
21230.

General Background on the Application

    MET has submitted an application, dated August 23, 2005 (see 
Exhibit 39-1) to expand its recognition to include 10 additional test 
standards. MET later amended its application through a follow-up 
request to add 10 more test standards (see Exhibit 39-2). The NRTL 
Program staff has determined that each of these 20 standards is an 
``appropriate test standard'' within the meaning of 29 CFR 1910.7(c). 
However, one standard is already included in MET's scope. Therefore, 
OSHA would approve 19 test standards for the expansion.
    MET seeks recognition for testing and certification of products for 
demonstration of conformance to the following test standards:

UL 82 Electric Gardening Appliances
UL 234 Low Voltage Lighting Fixtures for Use in Recreational Vehicles
UL 298 Portable Electric Hand Lamps
UL 588 Seasonal and Holiday Decorative Products
UL 867 Electrostatic Air Cleaners
UL 917 Clock-Operated Switches
UL 987 Stationary and Fixed Electric Tools
UL 1081 Swimming Pool Pumps, Filters, and Chlorinators
UL1090 Electric Snow Movers
UL 1363 Relocatable Power Taps
UL 1447 Electric Lawn Mowers
UL 1448 Electrical Hedge Trimmers
UL 1450 Motor-Operated Air Compressors, Vacuum Pumps, and Painting 
Equipment
UL 1559 Insect-Control Equipment--Electrocution Type
UL 1563 Electric Spas, Equipment Assemblies, and Associated Equipment
UL 1662 Electric Chain Saws
UL 1776 High-Pressure Cleaning Machines
UL 1994 Luminous Egress Path Marking Systems
UL 2089 Vehicle Battery Adapters


    OSHA's scope of recognition of MET, or any NRTL, for a particular 
test standard is limited to equipment or materials (i.e., products) for 
which OSHA requires third-party testing and certification before use in 
the workplace. Consequently, if a test standard also covers any 
product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    Many UL test standards are approved as American National Standards 
by the American National Standards Institute (ANSI). However, for 
convenience, we use the designation of the standards developing 
organization for the standard as opposed to the ANSI designation. Under 
our policy, any NRTL recognized for an ANSI-approved test standard may 
use either the latest proprietary version of the test standard or the 
latest ANSI version of that standard. You may contact ANSI to find out 
whether or not a test standard is currently ANSI-approved.

Preliminary Finding on the Application

    MET has submitted an acceptable request for expansion of its 
recognition as an NRTL. In connection with this request, OSHA did not 
perform an on-site review of MET's NRTL testing facilities. However, 
NRTL Program assessment staff reviewed information pertinent to the 
request and recommended that MET's recognition be expanded to include 
the additional test standards listed above (see Exhibit 39-3). Our 
review of the application file, the assessor's recommendation, and 
other pertinent documents indicate that MET can meet the requirements, 
as prescribed by 29 CFR 1910.7, for expansion of its scope to include 
the additional test standards listed above. This preliminary finding 
does not constitute an interim or temporary approval of the 
application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
MET has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your comments 
should consist of pertinent written documents and exhibits. Should you 
need more time to comment, you must request it in writing, including 
reasons for the request. OSHA must receive your written request for 
extension at the address provided above no later than the last date for 
comments. OSHA will limit any extension to 30 days, unless the requester 
justifies a longer period. We may deny a request for extension if it is 
not adequately justified. You may obtain or review copies of MET's requests, 
the on-site review report, other pertinent documents, and all submitted 
comments, as received, by contacting the Docket Office, Room N-2625, 
Occupational Safety and Health Administration, U.S. Department of Labor, 
at the above address. Docket No. NRTL1-88 contains all materials in the 
record concerning MET's application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant MET's expansion request. The Assistant Secretary will make the 
final decision on granting the expansion and, in making this decision, 
may undertake other proceedings that are prescribed in Appendix A to 29 
CFR Section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

    Signed at Washington, DC this 9th day of August, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary.
 [FR Doc. E6-13549 Filed 8-16-06; 8:45 am]

BILLING CODE 4510-26-P

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