Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 14047 

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 http://

www.osha.gov/dts/otpca/nrtl/ 

index.html. 

MET submitted one application dated 

September 25, 2018 (OSHA–2006– 

0028–0080), to add one test standard to 

MET’s NRTL scope of recognition. 

OSHA staff performed a detailed 

analysis of the application packet and 

reviewed other pertinent information. 

OSHA did not perform any on-site 

reviews in relation to the application. 

OSHA published the preliminary 

notice announcing MET’s expansion 

application in the Federal Register on 

January 26, 2022 (87 FR 4051). The 

agency requested comments by February 

10, 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 

application, go to http://

www.regulations.gov or contact the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor. 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 (TTY (877) 889–5627). 

II. Final Decision and Order 

OSHA staff examined MET’s 

expansion application, the capability to 

meet the requirements of the test 

standard, 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 standard listed in Table 1. 

TABLE 1—LIST OF APPROPRIATE TEST

STANDARD FOR INCLUSION IN MET’S

NRTL SCOPE OF RECOGNITION

Test 

standard Test standard title 

UL 62109– 

1.

Standard for Safety of Power 

Converters for Use in Photovoltaic Power Systems—Part 

1: General requirements. 

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 28, 

2022. 

James S. Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2022–05195 Filed 3–10–22; 8:45 am] 

BILLING CODE 4510–26–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

National Council on the Arts 206th 

Meeting 

AGENCY: National Endowment for the 

Arts. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, as amended, 

notice is hereby given that a meeting of 

the National Council on the Arts will be 

held open to the public by 

videoconference or teleconference. 

DATES: See the SUPPLEMENTARY

INFORMATION section for meeting time 

and date. The meeting is Eastern time 

and the ending time is approximate. 

ADDRESSES: The National Endowment 

for the Arts, Constitution Center, 400 

Seventh Street SW, Washington, DC 

20560. This meeting will be held by 

videoconference or teleconference. 

Please see arts.gov for the most up-todate information. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Tower, Office of Public Affairs, 

National Endowment for the Arts, 

Washington, DC 20506, at 202/682– 

5606. 

SUPPLEMENTARY INFORMATION: If, in the 

course of the open session discussion, it 

becomes necessary for the Council to 

discuss non-public commercial or 

financial information of intrinsic value, 

the Council will go into closed session 


lotter on DSK11XQN23PROD with NOTICES1
14048 Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices 

pursuant to subsection (c)(4) of the 

Government in the Sunshine Act, 5 

U.S.C. 552b, and in accordance with the 

September 10, 2019 determination of 

the Chair. Additionally, discussion 

concerning purely personal information 

about individuals, such as personal 

biographical and salary data or medical 

information, may be conducted by the 

Council in closed session in accordance 

with subsection (c) (6) of 5 U.S.C. 552b. 

Any interested persons may attend, as 

observers, to Council discussions and 

reviews that are open to the public. If 

you need special accommodations due 

to a disability, please contact Beth 

Bienvenu, Office of Accessibility, 

National Endowment for the Arts, at 

202/682–5532 or accessibility@arts.gov, 

at least seven (7) days prior to the 

meeting. 

The upcoming meeting is: National 

Council on the Arts 206th Meeting. 

This meeting will be held by 

videoconference or teleconference. 

Date and time: March 24, 2022; 3:15 

p.m. to 4:15 p.m. 

There will be opening remarks and 

voting on recommendations for grant 

funding and rejection, followed by 

updates from the NEA Chair. 

Register in advance for this webinar: 

https://arts.zoomgov.com/webinar/ 

register/WN_1IzFiabNTyKXJGYW0SjBw. 

Dated: March 8, 2022. 

Sherry Hale. 

Staff Assistant, National Endowment for the 

Arts. 

[FR Doc. 2022–05189 Filed 3–10–22; 8:45 am] 

BILLING CODE 7537–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–21–062; NRC–2022–0055] 

In the Matter of Mr. Joseph Berkich 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Order; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an Order 

prohibiting involvement in NRClicensed activities to Mr. Joseph 

Berkich. Mr. Berkich, the former owner 

of Steel City Gamma, LLC (SCG), 

engaged in deliberate misconduct that 

caused SCG to be in violation of NRC 

requirements. 

DATES: The Order prohibiting 

involvement in NRC-licensed activities 

became effective on March 2, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0055 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0055. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Document collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, contact the 

NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The Order 

prohibiting involvement in NRClicensed activities is available in 

ADAMS under Accession No. 

ML22046A014. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Leelavathi Sreenivas, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

001; telephone: 301–287–9249, email: 

Leelavathi.Sreenivas@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: March 8, 2022. 

For the Nuclear Regulatory Commission. 

Mark D. Lombard, 

Director, Office of Enforcement. 

Attachment—Order Prohibiting 

Involvement in NRC-Licensed Activities 

United States of America 

Nuclear Regulatory Commission 

In the Matter of Mr. Joseph Berkich. 

IA–21–062 

Order Prohibiting Involvement in NRCLicensed Activities 

I 

At the time of the events discussed 

below, Joseph Berkich was the owner of 

Steel City Gamma, LLC (SCG), an 

industrial radiography company located 

in Pennsylvania. On May 14, 2019, SCG 

was issued Commonwealth of 

Pennsylvania radioactive materials 

license No. PA–1633, which authorized 

SCG to possess and utilize byproduct 

material in up to three (3) devices for 

the purposes of industrial radiography. 

During the relevant time periods 

discussed below, SCG did not possess a 

specific license issued by the Nuclear 

Regulatory Commission under 10 CFR 

part 30, but as an Agreement State 

licensee, SCG could conduct 

radiography in NRC jurisdiction under 

the general NRC license granted 

pursuant to 10 CFR 150.20. 

II 

On April 2, 2020, the NRC was 

notified by the Pennsylvania 

Department of Environmental Protection 

(PA DEP) that SCG had been conducting 

licensed activities (industrial 

radiography) under the company name 

A&B Testing Services (ABT) for MidAtlantic Fabrication (MAF) at MAF’s 

facility in Pleasant Valley, West 

Virginia. PA DEP also informed the NRC 

that on March 10, 2020, PA DEP had 

issued Administrative Orders to SCG 

and to Mr. Berkich as an individual. The 

Administrative Order to SCG amended 

the company’s PA license to authorize 

possession and storage only. On April 

21, 2020, the U.S. Regulatory 

Commission (NRC), Office of 

Investigations (OI), Region I field office 

initiated an investigation to determine 

whether Steel City Gamma, LLC and/or 

A & B Testing Services, LLC (ABT) 

deliberately conducted unauthorized 

and/or unlicensed radiography activities 

within NRC jurisdiction. 

Based on the evidence gathered 

during the investigation, the NRC 

concluded that two apparent violations 

of NRC requirements occurred. First, on 

December 18, 2019, and from 

approximately January 1, 2020, through 

March 9, 2020, SCG performed 

radiographic operations in NRC 

jurisdiction without first filing for 

reciprocity, in violation of 10 CFR 

150.20(a)(1). Second, from March 10, 

2020, until April 9, 2020, SCG 

performed radiographic operations in 

NRC jurisdiction without a valid NRC or 

agreement state license, in violation of 

10 CFR 30.3(a). The NRC also concluded 

that Mr. Berkich’s actions appeared to 


lotter on DSK11XQN23PROD with NOTICES1