[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11485-11486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04275]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]


MET Laboratories, Inc.: Grant of Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for MET Laboratories, Inc., as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
March 1, 2022.

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; telephone: (202) 693-1999; email: 
<a href="/cdn-cgi/l/email-protection#96fbf3fffafff8f1f3e4b8f0e4f7f8f5ffe5a4d6f2f9fab8f1f9e0"><span class="__cf_email__" data-cfemail="d6bbb3bfbabfb8b1b3a4f8b0a4b7b8b5bfa5e496b2b9baf8b1b9a0">[email protected]</span></a>.
    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; telephone: (202) 693-2110; email: 
<a href="/cdn-cgi/l/email-protection#5b293439323528343575303e2d32351b3f3437753c342d"><span class="__cf_email__" data-cfemail="592b363b30372a363777323c2f3037193d3635773e362f">[email protected]</span></a>. OSHA's web page includes information about the 
NRTL Program (see https://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of MET Laboratories, Inc. (MET), as a NRTL. MET's expansion 
covers 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 by 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 and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
properly approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    The agency processes applications by a 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 the preliminary finding and, in the second 
notice, the agency provides the 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 each NRTL that details the scope of recognition. These pages are 
available from the agency's website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    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-2006-0028-0077). The third and 
fourth applications were received on August 13, 2019 (OSHA-2006-0028-
0078) and (OSHA-2006-0028-0079). 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 the applications.
    OSHA published the preliminary notice announcing MET's expansion 
applications in the Federal Register on January 21, 2022 (87 FR 3353). 
The agency requested comments by February 7, 2022, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of MET's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
MET's applications, go to https://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW, Room N-3653, 
Washington, DC 20210. Docket No. OSHA-2006-0028 contains all materials 
in the record concerning MET's recognition. Please note: Due to the 
COVID-19 pandemic, the Docket Office is closed to the public at this 
time but can be contacted at (202) 693-2350.

II. Final Decision and Order

    OSHA staff examined MET's expansion applications, the capability to 
meet the requirements of the test

[[Page 11486]]

standards, and other pertinent information. Based on the review of this 
evidence, OSHA finds that MET meets the requirements of 29 CFR 1910.7 
for expansion of the NRTL scope of recognition, subject to the 
limitation and conditions listed below. OSHA, therefore, is proceeding 
with this final notice to grant MET's scope of recognition. OSHA limits 
the expansion of MET's recognition to testing and certification of 
products for demonstration of conformance to the test standards listed 
in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in MET's NRTL
                          Scope of Recognition
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        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-28..................  Explosive Atmospheres [hyphen] Part 28:
                                Protection of Equipment and transmission
                                Systems Using Optical Radiation.
TIA 4950.....................  Requirements for Battery[hyphen]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 this notice, OSHA also announces its final determination that 
the current version of TIA 4950 (Revision B) remains an appropriate 
test standard under the NRTL Program Regulation, at 29 CFR 1910.7. The 
preliminary Federal Register notice announcing these applications (87 
FR 3353) requested comment on OSHA's preliminary determination that the 
revisions of May 2014 (Revision A) and July 2020 (Revision B) were not 
substantive in nature, and no comments were received in response to 
this preliminary determination. With this notice, the expansion for 
MET's recognition will cover the current version of TIA 4950.
    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, the use of the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation may 
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-
004, Chapter 2, Section VIII), only standards determined to be 
appropriate test standards may be approved for NRTL recognition. Any 
NRTL recognized for a particular test standard may use either the 
proprietary version of the test standard or the ANSI version of that 
standard. Contact ANSI to determine whether a test standard is 
currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
MET must abide by the following conditions of the recognition:
    1. MET must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in their operations as a NRTL, and provide details of the 
change(s);
    2. MET must meet all the terms of the NRTL recognition and comply 
with all OSHA policies pertaining to this recognition; and
    3. MET must continue to meet the requirements for recognition, 
including all previously published conditions on MET's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of MET, subject to the limitations and conditions 
specified above.

III. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice. Accordingly, the agency is issuing this notice pursuant to 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 February 23, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-04275 Filed 2-28-22; 8:45 am]
BILLING CODE 4510-26-P


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