MET Laboratories, Inc.: Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards

As Enacted ( Federal Register)

Cited in

Published date	12 March 2019
Citation	84 FR 8900
Record Number	2019-04435
Section	Notices
Court	Occupational Safety And Health Administration

8900

Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Notices

(m) Based on chemical laboratory

analysis, the belt has been confirmed to

be Part 18 compliant. The belt, however,

has not been tested for Part 14

compliance due to Rockwell Mining’s

difficulty in finding an appropriate

testing facility.

(5) Rockwell Mining has investigated

and determined an alternative method

of achieving the desired result of Part

14, which is the reduction of potential

belt fires and exposure to fire hazards.

The petitioner proposes the following

alternative method:

—Prior to a qualified person entering

the mine, the CO system will be

monitored for two hours for any sign

of combustion. At the end of coal

transport each day, the CO system

will be monitored for 4 hours for any

signs of combustion (e.g., CO or

smoke detection by CO monitors on

the belt).

—A daily functional (bump) test of at

least one sensor will be conducted for

CO in addition to the weekly

functional test required under 30 CFR

75.1103–8. A different sensor will be

bump tested each day. In addition, CO

monitors will be installed every 300

feet, instead of the 1,000 feet required

by current law.

—Training for miners on location of Part

18 belt and interim safety measures

being taken herein and revised

training on the requirements of 30

CFR 75.1502, as appropriate.

—An immediate functional test of the

fire suppression system along with

additional tests conducted weekly. A

daily visual inspection of all fire

suppression systems will be

conducted by a qualified person.

—Install a ‘‘waterwall system’’ every

900 feet, which will be tapped into

the CO monitoring system. The

waterwall will activate at 50 ppm of

CO. The waterwall will provide 50 psi

and 45 GPM of water curtain from

roof to floor and rib to rib.

—Cameras will be installed every 1,000

feet to allow continuous visual

monitoring of the belt configuration

including before examiners enter the

mine.

—Existing heat sensors will be utilized

every 125 feet to continually monitor

the beltline to detect potential heat

sources.

—The belt will be cleared of coal and

during examination will run empty.

Examinations generally take less than

1 hour with the belt running

approximately 8 to 9 hours a day.

—All examiners are trained and will

continue to be trained monthly on the

locations and use of escapeways,

mandoors, SCSR caches, lifelines, and

fire suppression and fire-fighting

equipment in the mine.

—No motors or electrical equipment

will be added and no changes will be

made to the belt configuration or

layout that would add motors or belt

drives underground while this

petition for modification is in effect.

—The examiner will enter the mine

from the Harris Portal, the downwind

side so that the examiner is traveling

towards the fan. From entries 75 to

11, the examiner will be traveling into

fresh air. From crosscut No. 11 to the

Rocklick Portal, fresh air will come

from behind the examiner for those 11

breaks.

—The examiners will be trained to

immediately notify the dispatcher in

the event of CO detection. Radio

contact is established throughout the

Tunnel Mine. Should a fire be

encountered and not extinguished

according to applicable law, the

examiner will withdraw from the

Tunnel Mine and notify MSHA as

required under applicable law.

—If the CO system is down, the belt will

not operate until necessary repairs

have been made to the CO system.

—As the belt is repaired and sections

replaced, Part 14 belt will be used. In

2019, about 2,000 feet of the belt are

expected to be replaced.

—While rock-dusting and most

maintenance is conducted on the

beltline, the belt will not be in

operation.

—Petitioner will continue annual x-ray

examinations.

—All necessary repair and replacement

belt will be Part 14 compliant.

The petitioner asserts that these

alternative methods will guarantee no

less than the same measure of protection

from the potential hazards for which 30

CFR 75.1108(c) was intended to guard

against.

Sheila McConnell,

Director, Office of Standards, Regulations,

and Variances.

[FR Doc. 2019–04434 Filed 3–11–19; 8:45 am]

BILLING CODE 4520–43–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket No. OSHA–2006–0028]

MET Laboratories, Inc.: Application for

Expansion of Recognition and

Proposed Modification to the NRTL

Program’s List of Appropriate Test

Standards

AGENCY

: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION

: Notice.

SUMMARY

: In this notice, OSHA

announces the application of MET

Laboratories, Inc., for expansion of

recognition as a Nationally Recognized

Testing Laboratory (NRTL) and presents

the agency’s preliminary finding to

grant the application. Additionally,

OSHA proposes to add one additional

test standard to the NRTL Program’s List

of Appropriate Test Standards.

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

March 27, 2019.

ADDRESSES

Electronically: You may submit

comments and attachments

electronically at: http://

www.regulations.gov, which is the

Federal eRulemaking Portal. Follow the

instructions online for submitting

comments.

Facsimile: If your comments,

including attachments, are not longer

than 10 pages, you may fax them to the

OSHA Docket Office at (202) 693–1648.

Mail, hand delivery, express mail,

messenger, or courier service: When

using this method, you must submit a

copy of your comments and attachments

to the OSHA Docket Office, Docket No.

OSHA–2006–0028, Occupational Safety

and Health Administration, U.S.

Department of Labor, Room N–3653,

200 Constitution Avenue NW,

Washington, DC 20210. Deliveries

(hand, express mail, messenger, and

courier service) are accepted during the

Docket Office’s normal business hours,

10:00 a.m. to 3:00 p.m., ET.

Instructions: All submissions must

include the agency name and OSHA

docket number (OSHA–2006–0028). All

comments, including any personal

information you provide, are placed in

the public docket without change, and

may be made available online at http://

www.regulations.gov.

Docket: To read or download

comments or other material in the

docket, go to http://www.regulations.gov

or the OSHA Docket Office at the above

address. All documents in the docket

(including this Federal Register notice)

are listed in the http://

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

and copying at the OSHA Docket Office.

Extension of comment period: Submit

requests for an extension of the

comment period on or before March 27,

2019 to the Office of Technical

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8901

Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Notices

Programs and Coordination Activities,

Directorate of Technical Support and

Emergency Management, Occupational

Safety and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N–3653,

Washington, DC 20210, or 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, U.S. Department of

Labor, phone: (202) 693–1999; email:

meilinger.francis2@dol.gov.

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, U.S. Department

of Labor, phone: (202) 693–2110 or

email: robinson.kevin@dol.gov.

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 to the current

recognition as a NRTL. MET requests

the addition of one test standard 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 a 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

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

each NRTL, including MET, which

details the NRTL’s scope of recognition.

These pages are available from the

OSHA website at http://www.osha.gov/

dts/otpca/nrtl/index.html.

MET currently has one facility (site)

recognized by OSHA for product testing

and certification, with 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

Application

MET submitted an application, dated

November 8, 2016 (OSHA–2006–0028–

0041), to expand recognition to include

four additional test standards. 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 this application. OSHA published a

Federal Register notice (83 FR 5813)

announcing this application, but

referenced one standard as being

recognized by OSHA when that

standard is not currently included in the

NRTL Program’s List of Appropriate

Test Standards. OSHA further published

a Federal Register notice (83 FR 22291)

granting recognition for the three

additional standards requested in the

application. This notice revises the

previous Federal Register notice for the

one remaining standard.

Table 1, below, lists the appropriate

test standard found in MET’s

application for expansion for testing and

certification of products under the

NRTL Program.

ABLE

1—P

ROPOSED

IST OF

PPROPRIATE

EST

TANDARDS FOR

NCLUSION IN

MET’

NRTL S

COPE OF

ECOGNITION

Test standard Test standard title

UL 61010–2–020* .......................... Safety Requirements for Electrical Equipment for Measurement, Control, and Laboratory Use—Part 2–020:

Particular Requirements for Laboratory Centrifuges.

* Represents the standard that OSHA proposes to add to the NRTL Program’s List of Appropriate Test Standards.

III. Proposal To Add New Test

Standard to the NRTL Program’s List of

Appropriate Test Standards

Periodically, OSHA will propose to

add new test standards to the NRTL list

of appropriate test standards following

an evaluation of the test standard

document. To qualify as an appropriate

test standard, the agency evaluates the

document to (1) verify it represents a

product category for which OSHA

requires certification by a NRTL, (2)

verify the document represents an end

product and not a component, and (3)

verify the document defines safety test

specifications (not installation or

operational performance specifications).

OSHA becomes aware of new test

standards through various avenues. For

example, OSHA may become aware of

new test standards by: (1) Monitoring

notifications issued by certain

Standards Development Organizations;

(2) reviewing applications by NRTLs or

applicants seeking recognition to

include new test standards in their

scope of recognition; and (3) obtaining

notification from manufacturers,

manufacturing organizations,

government agencies, or other parties.

OSHA may determine to include a new

test standard in the list, for example, if

the test standard is for a particular type

of product that another test standard

also covers or it covers a type of product

that no standard previously covered.

In this notice, OSHA proposes to add

one new test standard to the NRTL

Program’s List of Appropriate Test

Standards. Table 2, below, lists the test

standard that is new to the NRTL

Program. OSHA preliminarily

determined that this test standard is an

appropriate test standard and proposes

to include it in the NRTL Program’s List

of Appropriate Test Standards. OSHA

seeks public comment on this

preliminary determination.

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Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Notices

ABLE

2—P

ROPOSED

IST OF

PPROPRIATE

EST

TANDARDS FOR

NCLUSION IN

MET’

NRTL S

COPE OF

ECOGNITION

Test standard Test standard title

UL 61010–2–020 ............................ Safety Requirements for Electrical Equipment for Measurement, Control, and Laboratory Use—Part 2–020:

Particular Requirements for Laboratory Centrifuges.

IV. Preliminary Findings on the

Application

MET submitted an acceptable

application for expansion of the scope

of recognition. OSHA’s review of the

application file, and pertinent

documentation, indicate that MET can

meet the requirements prescribed by 29

CFR 1910.7 for expanding recognition to

include the addition of the test standard

for NRTL testing and certification listed

above. This preliminary finding does

not constitute an interim or temporary

approval of MET’s application.

OSHA welcomes public comment as

to whether MET meets the requirements

of 29 CFR 1910.7 for expansion of NRTL

recognition. OSHA additionally

welcomes comment on the proposal to

add one additional test standard to the

NRTL Program’s List of Appropriate

Test Standards. 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, by the due date for comments.

OSHA will limit any extension to 10

days unless the requester justifies a

longer time 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 http://www.regulations.gov under

Docket No. OSHA–2006–0028.

OSHA staff will review all comments

to the docket submitted in a timely

manner. After addressing the issues

raised by these comments, the agency

will make a recommendation to the

Assistant Secretary for Occupational

Safety and Health regarding MET’s

application for expansion of the scope

of recognition. The Assistant Secretary

will make the final decision on granting

the application. 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

IV. Authority and Signature

Loren Sweatt, 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. 1–2012

(77 FR 3912, Jan. 25, 2012), and 29 CFR

1910.7.

Signed at Washington, DC, on March 4,

2019.

Loren Sweatt,

Acting Assistant Secretary of Labor for

Occupational Safety and Health.

[FR Doc. 2019–04435 Filed 3–11–19; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

Wage and Hour Division

Agency Information Collection

Activities; Comment Request;

Proposed Extension; Information

Collections: Employment Information

Form

AGENCY

: Wage and Hour Division,

Department of Labor.

ACTION

: Notice.

SUMMARY

: The Department of Labor

(DOL) is soliciting comments

concerning a proposed extension of the

information collection request (ICR)

titled, ‘‘Employment Information

Form.’’ This comment request is part of

continuing Departmental efforts to

reduce paperwork and respondent

burden in accordance with the

Paperwork Reduction Act of 1995

(PRA).

This program helps to ensure that

requested data can be provided in the

desired format, reporting burden (time

and financial resources) is minimized,

collection instruments are clearly

understood, and the impact of collection

requirements on respondents can be

properly assessed. A copy of the

proposed information request can be

obtained by contacting the office listed

below in the

FOR FURTHER INFORMATION

CONTACT

section of this Notice.

DATES

: Written comments must be

submitted to the office listed in the

ADDRESSES

section below on or before

May 13, 2019.

ADDRESSES

: You may submit comments

identified by Control Number 1235–

0021, by either one of the following

methods: Email: WHDPRAComments@

dol.gov; Mail, Hand Delivery, Courier:

Division of Regulations, Legislation, and

Interpretation, Wage and Hour, U.S.

Department of Labor, Room S–3502, 200

Constitution Avenue NW, Washington,

DC 20210.

Instructions: Please submit one copy

of your comments by only one method.

All submissions received must include

the agency name and Control Number

identified above for this information

collection. Because we continue to

experience delays in receiving mail in

the Washington, DC area, commenters

are strongly encouraged to transmit their

comments electronically via email or to

submit them by mail early. Comments,

including any personal information

provided, become a matter of public

record. They will also be summarized

and/or included in the request for Office

of Management and Budget (OMB)

approval of the information collection

request.

FOR FURTHER INFORMATION CONTACT

Robert Waterman, Compliance

Specialist, Division of Regulations,

Legislation, and Interpretation, Wage

and Hour Division, U.S. Department of

Labor, Room S–3502, 200 Constitution

Avenue NW, Washington, DC 20210;

telephone: (202) 693–0406 (this is not a

toll-free number). Copies of this notice

may be obtained in alternative formats

(Large Print, Braille, Audio Tape, or

Disc), upon request, by calling (202)

693–0023 (not a toll-free number). TTY/

TTD callers may dial toll-free (877) 889–

5627 to obtain information or request

materials in alternative formats.

SUPPLEMENTARY INFORMATION

I. Background: The Wage and Hour

Division (WHD) of the Department of

Labor administers the Fair Labor

Standards Act (FLSA), 29 U.S.C. 201, et

seq., which sets the Federal minimum

wage, overtime pay, recordkeeping, and

youth employment standards of most

general application. See 29 U.S.C. 206;

207; 211; 212. FLSA requirements apply

to employers of employees engaged in

interstate commerce or in the

production of goods for interstate

commerce and of employees in certain

enterprises, including employees of a

public agency; however, the FLSA

contains exemptions that apply to

employees in certain types of

employment. See 29 U.S.C. 213, et al.

FLSA section 11(a) provides that the

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MET Laboratories, Inc.: Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards

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