MET Laboratories, Inc.

DEPARTMENT OF LABOR

[Docket No. NRTL-1-88]

MET Laboratories, Inc.

AGENCY: Occupational Safety and Health Administration, Department of

Labor.

ACTION: Notice of Requests for: (1) Renewal of Recognition as a

Nationally Recognized Testing Laboratory; and (2) Expansion of

Recognition as a Nationally Recognized Testing Laboratory, and

Preliminary Finding.

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SUMMARY: This notice announces the applications of MET Laboratories,

Inc. for: (1) Renewal of its recognition as a Nationally Recognized

Testing Laboratory (NRTL) under 29 CFR 1910.7; and (2) expansion as a

NRTL under 29 CFR 1910.7, and presents the Agency's preliminary

finding.

DATES: The last date for interested parties to submit comments is

October 8, 1996.

ADDRESSES: Send comments to: NRTL Recognition Program, Occupational

Safety and Health Administration, U.S. Department of Labor--Room N3653,

200 Constitution Avenue, N.W., Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT:

Office of Variance Determination, NRTL Recognition Program,

Occupational Safety and Health Administration, U.S. Department of

Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C.

20210.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that MET Laboratories, Inc. (MET), which

previously made application pursuant to section 6(b) of the

Occupational Safety and Health Act of 1970, (84 Stat. 1593, 29 U.S.C.

655), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR

1910.7, for recognition as a Nationally Recognized Testing Laboratory

(see 53 FR 49258 12/6/88), and was so recognized (see 54 FR 21136, 5/

16/89), has made application for: (1) Renewal, and (2) expansion of its

recognition as a Nationally Recognized Testing Laboratory for the

programs and procedures and the equipment or materials listed below.

The address of the laboratory covered by this application is: MET

Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland

21230.

Background

This Federal Register notice is a compilation of four separate

applications from MET Laboratories, Inc., as follows:

(1) Application for renewal of recognition as a Nationally

Recognized Testing Laboratory, dated August 17, 1993;

(2) Application for expansion of recognition as a Nationally

Recognized Testing Laboratory for additional standards, dated February

1, 1994, and amended May 31, 1994, and March 18, 1996;

(3) Application for expansion of recognition as a Nationally

Recognized Testing Laboratory for additional standards, dated January

16, 1995; and,

(4) Application for expansion of recognition as a Nationally

Recognized Testing Laboratory for additional programs and procedures,

dated August 9, 1995, and amended October 17, 1995 and March 11, 1996.

In addition, applications (2) and (3) have also been combined for

purposes of convenience. Therefore, the areas that will be discussed

relate to the renewal of MET's recognition as a NRTL, and the expansion

of MET's NRTL recognition for both the addition of test standards and

programs and procedures.

A report prepared by the NRTL Program Lead Assessor, dated March

28, 1996, contains recommendations concerned with all of the areas of

MET's request for renewal and expansion of its recognition as a

Nationally Recognized Testing Laboratory.

Renewal of NRTL Recognition

Appendix A to 29 CFR 1910.7 stipulates that the initial period of

recognition of a NRTL is five years and

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that a 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 was recognized as a NRTL on May 16, 1989, and

applied for a renewal of its recognition on August 17, 1993, within the

time allotted, and retains its recognition pending OSHA's final

decision in this renewal process.

Expansion of Recognition--Test Standards

MET Laboratories, Inc., desires recognition for testing and

certification of products when tested for compliance with the following

test standards, which are appropriate within the meaning of 29 CFR

1910.7(c):

UL 416--Refrigerated Medical Equipment

ANSI/UL 469--Musical Instruments and Accessories

ANSI/UL 751--Vending Machines

ANSI/UL 923--Microwave Cooking Appliances

UL 1492--Audio-Video Products and Accessories

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

UL 1950--Safety of Information Technology Equipment, Including

Electrical Business Equipment

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 3111-1--Electrical Measuring and Test Equipment; Part 1: General

Requirements

The NRTL Recognition program staff made an in-depth study of the

details of MET's original application for recognition, as well as its

requests for expansion, and the original and renewal onsite assessments

and determined that MET had the staff capability and the necessary

equipment to conduct testing of products using the proposed test

standards. The NRTL staff determined that an additional on-site review

was not necessary since the proposed additional test standards were

closely related to MET's current areas of recognition.

Expansion of Recognition--Programs and Procedures

MET Laboratories, Inc., requested expansion of its recognition,

based upon the conditions as detailed in the Federal Register document

titled ``Nationally Recognized Testing Laboratories; Clarification of

the Types of Programs and Procedures'', 60 FR 12980, 3/9/95, for the

following programs and procedures:

1. Acceptance of testing data from independent organizations, other

than NRTLs

MET states that it will retain control of and be responsible for

all aspects of the product certification scheme. In addition, the

applicant assure that all data in the test package is complete and that

the organization is competent to conduct the tests of the product that

it is accepting.

2. Acceptance of product evaluations from independent organizations,

other than NRTLs

MET requests to be allowed to expand its scope to accept product

evaluations from independent organizations after it has determined that

such organizations are qualified to conduct the tests and perform the

evaluations. The applicant states that it will maintain control of and

be responsible for all aspects of the product certification scheme. MET

will review the evaluations to assure that the requirements in the

standard have been complied with prior to certifying the product.

3. Acceptance of witnessed testing data

The applicant requests authority to carry out test programs at

locations other than its own facility when it cannot accommodate the

test product or program. MET will require that the tests be performed

in the presence of qualified MET representatives, trained and

experienced in testing the product type and with the standard used to

evaluate the product. The applicant also states that the organization

performing the testing shall have been audited by MET and that MET will

retain control of and be responsible for all aspects of the project.

4. Acceptance of testing data from non-independent organizations

The applicant requests that it be permitted to accept test data

from non-independent organizations such as the manufacturer of the

products to be certified. MET has stated that it will assess the

facility for its ability to perform accurate and complete tests. MET

also anticipates the need for a one-year confidence building time

period during which time it will perform witness testing and follow-up

inspections of the organization.

5. Acceptance of evaluation data from non-independent organizations

(requiring NRTL review prior to marketing)

MET requests that it be allowed to accept evaluations from non-

independent organizations after it has instituted very strict controls

over such organizations. The applicant states that it will retain

control of and be responsible for all aspects of the product

certification scheme. MET will also institute very strict controls over

the organization and will also assure that it has a quality program in

place that has been registered by a recognized registrar. MET further

states that it will develop a procedure to assure that no product can

be released to the market until it has concurred with the evaluation.

6. Acceptance of continued certification following minor modifications

by the client

The applicant asks that it be authorized to permit a manufacturer

to make a minor modification to a product and self-declare conformity

with the standard and continue to market the product. MET states that

it will provide guidance to the manufacturer on what modifications may

be permitted for a specific product. MET states further that it shall

be kept informed of the modifications and shall at the next follow-up

inspection (within 90 days) review them prior to granting its official

approval.

7. Acceptance of product evaluations from organizations that function

as part of the International Electrotechnical Commission Certification

Body (IEC-CB) Scheme

MET states that in every case the National Certification Body must

prove to a team of auditors that it is independent and free of conflict

of interest. MET will retain control of and be responsible for all

aspects of the products to be certified, as well as review and evaluate

each test report to assure that the correct U.S. national standard and

applicable deviations have been applied. The applicant further states

that it will inspect the product and assure that all of its components

have been certified by an agency that performs continuous surveillance

of the component manufacturer.

8. Acceptance of services other than testing or evaluation performed by

subcontractors or agents

MET requests that it be allowed to utilize the services of

subcontractors or agents in its follow-up program. The applicant states

that follow-up inspections, performed around the world on a quarterly

basis, are done by MET direct employees or personnel who have been

specifically trained by MET for this purpose, using its procedures and

format. Follow-up inspectors are always either independent agents who

work exclusively for MET or are

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associated with another independent laboratory with knowledge of the

products and product test standards. The applicant states further that

all follow-up reports come directly to MET for review and analysis and

that, under this procedure, it always maintains control of the

certification program.

Preliminary Finding

Based upon a review of the completed application file and the

recommendation of the staff, the Assistant Secretary has made a

preliminary finding that the MET Laboratories, Inc. facility for which

both renewal and expansion of its recognition was requested (Baltimore,

Maryland) can meet the requirements as prescribed by 29 CFR 1910.7.

All interested members of the public are invited to supply detailed

reasons and evidence supporting or challenging the sufficiency of the

applicant's having met the requirements for renewal and expansion of

its recognition as a Nationally Recognized Testing Laboratory, as

required by 29 CFR 1910.7 and Appendix A to 29 CFR 1910.7. Submission

of pertinent written documents and exhibits shall be made no later than

October 8, 1996 and must be addressed to the NRTL Recognition Program,

Office of Variance Determination, Room N 3653, Occupational Safety and

Health Administration, U.S. Department of Labor, 200 Constitution

Avenue, NW., Washington, DC 20210. Copies of the MET application, the

laboratory survey reports, and all submitted comments, as received,

(Docket No. NRTL-1-88), are available for inspection and duplication at

the Docket Office, Room N 2634, Occupational Safety and Health

Administration, U.S. Department of Labor, at the above address.

The Assistant Secretary's final decision on whether the applicant

(MET Laboratories, Inc.) satisfies the requirements for renewal and

expansion of its recognition as an NRTL will be made on the basis of

the entire record including the public submissions and any further

proceedings that the Assistant Secretary may consider appropriate in

accordance with Appendix A to Section 1910.7.

Signed at Washington, DC. this 5th day of August, 1996.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 96-20378 Filed 8-8-96; 8:45 am]

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