[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Notices]
[Page 76365-76375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-127]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL95-F-1]
Nationally Recognized Testing Laboratories; Proposed Revised Fee
Schedule
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice provides the proposed revised schedule of fees to
be charged by the Occupational Safety and Health Administration (OSHA)
to Nationally Recognized Testing Laboratories (NRTLs). OSHA charges
fees for specific types of services it provides to NRTLs. The fees
charged to NRTLs first went into effect on October 1, 2000.
DATES: The new fees shown in this notice will become effective on
February 5, 2007. You must submit information or comments by the
following dates:
Hard copy: postmarked or sent by January 4, 2007.
Electronic transmission or facsimile: sent by January 4,
2007.
ADDRESSES: You may submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions on-line for making
electronic submissions.
Fax: If your submissions, 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:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket No. NRTL95-F-1, U.S. Department of Labor,
Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number for this notice (OSHA Docket No. NRTL95-F-1).
Submissions, 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 submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket 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 Web site. All submissions,
including copyrighted material, are available for inspection and copying at
the OSHA Docket Office.
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: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N3655, Washington, DC 20210,
or phone (202) 693-2110. Our Web page includes information about the
NRTL Program (see http://www.osha.gov and select ``N'' in the site
index).
SUPPLEMENTARY INFORMATION:
I. Introduction
The Occupational Safety and Health Administration (OSHA) is
proposing to adjust the fees that the Agency charges for the services
it provides to Nationally Recognized Testing Laboratories (NRTLs). OSHA
is taking this action as a result of its process for annually reviewing
the fees, as provided under 29 CFR 1910.7(f). This review has shown
that the costs of providing the services covered by the fees have
changed sufficiently to warrant adjustments to the current fee
schedule, which has been in effect since January 2002. The fee
adjustments described in this notice are based on the current approach
for calculating fees, which is the same approach OSHA used in
developing the first fee schedule (effective October 1, 2000).
OSHA is also in the process of developing a new approach to
calculating fees that would more accurately recoup the total costs of
the services OSHA provides to NRTLs. The Agency will be proposing this
new approach, and seeking comments on it, in a Federal Register notice
to be published at a later date.
II. Background
Many of OSHA's safety standards require that equipment or products
used in the workplace be tested and certified to help ensure they can
be used safely. See, e.g., 29 CFR part 1910, subpart S. In general,
this testing and certification must be performed by a Nationally
Recognized Testing Laboratory (NRTL). Products or equipment that have
been tested and certified must have the NRTL's certification mark on
them, or, if this is not feasible, then on its packaging. An employer
may rely on the certification mark, which shows that the equipment or
product has been tested and certified in accordance with OSHA
requirements. In order to ensure that the testing and certification is
done appropriately, OSHA implemented the NRTL Program. The NRTL Program
establishes the criteria that an organization must meet in order to be
and remain recognized as an NRTL.
The NRTL Program requirements are set forth under 29 CFR 1910.7,
``Definition and requirements for a nationally recognized testing
laboratory.'' To be recognized by OSHA, an organization must: (1) Have
the appropriate capability to test, evaluate, and approve products to
assure their safe use in the workplace; (2) be completely independent
of the manufacturers, vendors, and major users of the products for
which OSHA requires certification; (3) have internal programs that
ensure proper control of the testing and certification process; and (4)
have effective reporting and complaint handling procedures.
OSHA requires NRTL applicants (i.e., organizations seeking initial
recognition as an NRTL) to provide detailed and comprehensive
information about their programs, processes, and procedures in writing
when they apply. OSHA reviews the written information and conducts an
on-site assessment to determine whether the organization meets the
requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL
(i.e., an organization already recognized) applies for expansion or
renewal of its recognition. In addition, the Agency conducts annual
audits to ensure that the recognized laboratories maintain their programs
and continue to meet the recognition requirements. Currently, there are 18
NRTLs operating over 50 recognized sites in the U.S., Canada, Europe,
and the Far East.
III. Program Costs and Fee Calculation
To understand the adjustments we are proposing to make to the fee
schedule, Section A discusses the derivation of the hourly rate we will
use to assess the fees. Section B discusses changes we are making to
the estimate of activity times and briefly describes new chargeable
activities for the services to NRTLs. Section C details the proposed
new activity costs.
A. Derivation of Hourly Rate (ECR)
In preparing the proposed fee schedule presented in this notice,
OSHA has updated its calculation of the total resources that it has
committed to the NRTL Program overall and has then computed the costs
that are involved solely with the application approval and the periodic
review (i.e., audit) functions.
OSHA calculates the fees for these services by multiplying an
equivalent average direct staff cost per hour rate (ECR) by the time it
takes to perform the activities involved in application processing or
audit functions. Simply put,
Fee for activity = ECR x Time for activity.
OSHA derives the ECR by taking the total estimated direct and
indirect costs of the program, consisting of personnel costs (salary
and fringe) and office expenses, but excluding travel, and dividing
that total by the total available annual work hours of the direct staff
devoted to all the NRTL Program activities, i.e., the number of full-
time equivalent (FTE) personnel.\1\ Illustrated as an equation:
\1\ In discussing total hours in this notice, we often refer to
FTEs which stands for full-time equivalents and equals total hours
divided by 2,080, the total available annual work hours for one
full-time employee.
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ECR = TPC / TAW,
where TPC is the total estimated direct and indirect program costs
(excluding travel) and TAW is the total available annual work hours
of the direct staff.
Figure 1, below, represents OSHA's TPC of providing the services
for which we charge fees and shows the calculation of the ECR. As a
result of our proposed adjustments, our base hourly rate for
calculating our fees, i.e., the ECR, would increase approximately 17%
above its present level, from $54.50 to $63.80. The $54.50 was derived
using 2002 projected staff salary and fringe, and other program costs.
The 17% increase mainly reflects annual salary adjustments provided to
Federal employees that have accumulated since the revision in 2002. The
Agency believes these costs are fair and reasonable.
Figure 1.--NRTL Program Annual Cost Estimates
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Avg. cost per
FTE
Cost description FTE (including Total costs
fringe)
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Direct Staff Costs.............................................. 5.24 $110,743 $580,294
Indirect Staff & Other Costs.................................... (\1\) (\1\) \2\115,130
Subtotal Costs............................................. .............. .............. 695,424
Travel Expenses................................................. (\1\) (\1\) 60,000
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Total Program Costs......................................... .............. .............. 755,424
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Avg. direct staff cost/hr. = $580,294/(5.24 FTE x 2,080 hours) = $53.20.
ECR = Equivalent avg. direct staff cost/hr. rate = $695,424/(5.24 FTE x 2,080 hours) = $63.80 (includes direct &
indirect costs but not travel).
\1\ Not applicable.
\2\ This amount consists of $60,150 for management and support staff and $54,980 for equipment and other costs.
In Figure 1, Direct Staff Costs are personnel costs for the staff
that perform direct activities (i.e., the services, such as the
application, on-site and legal reviews, and other activities involved
in application processing and audits) as well as activities not
directly connected to the fees. Indirect Staff and Other Costs are
expenses for support and management staff, equipment, and other costs
that are involved in the operation of the program. Support and
management staff consists of program management and secretarial staff.
Equipment and other costs are intended to cover items such as
computers, telephones, building space, utilities, and supplies, which
are necessary to perform the services covered by the proposed fees. In
general, indirect costs, by their very nature, are not readily
identified with a specific output (in the present context, a specific
activity) but are used in producing it. They are allocated to the
application processing and audit activities based on direct staff
costs. Travel Expenses shown in the figures are estimates of the costs
we incur for travel related to the services that are covered by the
fees. However, this amount is not included in the ECR since we charge
for the actual staff travel expenses of the on-site visits performed by
our program staff. In Figure 1, the travel expenses figure is presented
only to show total program costs.
The use of an ``equivalent average direct staff cost per hour
rate'' (ECR) measure is a convenient method of allocating indirect
costs to each of the services for which OSHA will charge fees. The same
result is obtained if direct staff costs are first calculated and then
indirect costs are allocated based on the value, i.e., dollar amount,
of the direct staff costs, which is an approach that is consistent with
Federal accounting standards.
To illustrate this, assume that a direct staff member spends 10
hours on an activity; the direct staff costs would then be calculated
as follows:
Direct staff costs = 10 hours x $53.20/hour = $532.
The $53.20/hour is the direct staff cost/hour amount shown in
Figure 1. The indirect costs would be allocated by first calculating
the ratio of indirect costs to direct staff costs, again using the
costs shown in Figure 1. This ratio would be as follows:
Indirect costs/direct staff costs = $115,130/$580,294 = 0.1984.
Next, the indirect costs would be calculated based on the $532
estimate of direct staff costs:
Indirect costs = $532 x 0.1984 = $106.
Finally, the total costs of the activity are calculated:
Total costs = direct staff costs + indirect costs = $532 + $106 = $638.
We derive the same amount using the ECR of $63.80, i.e., 10 hours x
$63.80/hour = $638.
B. Modified Activity Times and Additional Activities
In addition to updating the ECR, the Agency has updated estimates
of the average staff time that it spends on some specific activities or
functions of the services covered by the fees. The staff activity times
we updated resulted in a portion of the adjustments in the proposed Fee
Schedule. OSHA previously developed these times for each major activity
within the main types of services, which are application processing and
audits.
For application processing, OSHA is increasing the average staff
activity time in the areas of the on-site assessment and the final
report/federal register notice activities. In the first case, the
increase mainly reflects the time necessary for making travel
arrangements and, in the second case, mainly reflects the separate time
necessary for the preparation of the notice. For audits, OSHA is
increasing the average staff activity time in the areas of the pre-site
review and report preparation activities, each for similar reasons as
the corresponding application activities just described. In addition,
in both cases, we propose to charge for actual travel time (i.e., time
in travel to and from sites), which replaces the nominal 4 hours that
we currently include in the first day fee for assessments and audits.
OSHA also is charging for some additional activities it performs
during application processing and audits. These activities are for
Additional Application Review, Supplemental Program Review, and Invoice
Processing. Section IV of this notice further explains these activities
and the modifications mentioned above. The proposed estimates reflect
the Agency's experience with the NRTL Program fees over the four years
since OSHA published the current fee schedule.
C. Tables of Activity Costs
Figures 2, 3, 4, and 5, below, present the costs of the major
activities for which fees are charged. We include average travel costs
in the figures below to provide an overall cost for a particular
activity. However, as explained above, since we charge for actual
travel, only the non-travel costs serve as the basis for the fees later
shown in the Proposed Fee Schedule (Table A). In deriving the fee
amounts shown in the Table A, OSHA has generally rounded the costs
shown in Figures 2, 3, 4, and 5, up or down, to the nearest $5 or $10
amount.
Figure 2.--Initial Application Cost Estimates
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Average Average
Major activity Type of cost hours cost*
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Initial Application Review.................. Office and field staff time................. 80 $5,100
Additional Review Time...................... Office staff................................ 16 1,020
On-Site Assessment--first day (per site, per Field staff time (16 hours preparation, 6 30 1,914
assessor). hours travel processing, and 8 hours at
site).
Field staff travel expense ($700 airfare/ (\1\) 800
other + $100 per diem).
Total...................................... ......... 2,714
On-Site Assessment--each addnl. day** (per Field staff time (at site).................. 8 510
site, per assessor).
Field staff travel expense (per diem only).. (\1\) 100
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Total...................................... ......... 610
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On-Site Assessment travel time--per day (per Field staff................................. 8 510
site, per assessor).
Review and Evaluation (10 test standards)... Office staff time........................... 2 128
Final Report & Federal Register notice...... Field and office staff time................. 132 8,422
Fees Invoice Processing..................... Office staff time........................... 2 128
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* Average cost for staff time = average hours x equivalent average direct staff cost/hr. ($63.80).
** Note: 2 additional days estimated if there are 2 assessors and 4 additional days estimated if there is 1
assessor.
\1\ Not applicable.
Figure 3.--Expansion Application (Additional Site) Cost Estimates
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Average Average
Major activity Type of cost hours cost*
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Application Review (expansion for site)..... Office and field staff time................. 16 $1,021
Additional Review Time...................... Office staff................................ 8 510
On-Site Assessment--first day (per site, per Field staff time (12 hours preparation, 4 24 1,531
assessor). hours travel processing, and 8 hours at
site).
Field staff travel time expense ($700 (\1\) 800
airfare/other + $100 per diem).
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Total...................................... ......... 2,331
On-Site Assessment--addnl. day** (per site, Field staff time (at site).................. 8 510
per assessor).
Field staff travel expense (per diem only).. (\1\) 100
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Total...................................... ......... 610
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On-Site Assessment travel time--per day (per Field staff................................. 8 510
site, per assessor).
Review and Evaluation Fee (10 test Office staff time........................... 2 128
standards).
Final Report & Federal Register notice...... Field and office staff time................. 50 3,190
Fees Invoice Processing..................... Office staff time........................... 2 128
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* Average cost for staff time = average hours x equivalent average direct staff cost/hr. ($63.80).
** Note: 2 additional days estimated for 1 assessor.
\1\ Not applicable.
Figure 4.--Renewal Or Expansion (Other Than Additional Site) Application Cost Estimates
----------------------------------------------------------------------------------------------------------------
Average Average
Major activity Type of cost hours cost*
----------------------------------------------------------------------------------------------------------------
Application Review (renewal or expansion Office and field staff time................. 2 $128
other than additional site).
Additional Review Time...................... Office staff................................ 8 510
Renewal Application Information Review...... Office staff................................ 16 1,021
On-Site Assessment--first day (expansion) Field staff time (8 hours preparation, 4 20 1,276
(per site, per assessor). hours travel processing, and 8 hours at
site).
Field staff travel expense ($700 airfare/ (\1\) 800
other + $100 per diem).
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Total...................................... ......... 2,076
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
On-Site Assessment--first day (renewal) (per Field staff time (16 hours preparation, 4 28 1,787
site, per assessor). hours travel processing, and 8 hours at
site).
Field staff travel expense ($700 airfare/ (\1\) 800
other + $100 per diem).
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Total...................................... ......... 2,587
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
On-Site Assessment--addnl. day ** (per site, Office staff time (at site)................. 8 510
per assessor).
Field staff travel expense (covers per diem (\1\) 100
only).
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Total...................................... 610
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
On-Site Assessment travel time--per day (per Field staff................................. 8 510
site, per assessor).
Review and Evaluation Fee (10 test Office staff time........................... 2 128
standards) (expansion).
Final Report & Federal Register notice...... Office and field staff time (if there is an 50 3,190
on-site assessment).
Final Report & Federal Register notice...... Office and field staff time (if there is NO 30 1,914
on-site assessment).
Supplemental Program Review................. Office and field staff time (per program 4 255
requested incl. consultation and assessor's
memo).
Fees Invoice Processing..................... Office staff time........................... 2 128
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\*\ Average cost for staff time = average hours x equivalent average direct staff cost/hr. ($63.80).
\**\ Note: 2 additional days estimated for renewal assessment; no additional days for expansion assessment.
\1\ Not applicable.
Figure 5.--On-Site Audit Cost Estimates
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Average Average
Major activity Type of cost hours cost *
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On-Site Audit--first day (per site, per Field staff time (12 hours pre-site review 24 1,531
auditor). preparation, 4 hours travel processing, and
8 hours at site).
Prepare report/contact NRTL plus office 18 1,148
review staff time (2 days for field staff
and 2 hours for office staff).
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Subtotal (first day)....................... ......... 2,679
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Field staff travel expense ($700 airfare/ (\1\) 800
other + $100 per diem).
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Total...................................... ......... 3,479
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
On-Site Audit--addnl. day** (per site, per Field staff time (at site).................. 8 510
auditor).
Travel expense (covers per diem only)....... (\1\) 100
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
Total...................................... ......... 610
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
On-Site Audit travel time--per day (per Field staff................................. 8 510
site, per auditor).
Fees Invoice Processing..................... Office staff time........................... 2 128
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\*\ Average cost for staff time = average hours x equivalent average direct staff cost/hr. ($63.80).
\**\ Note: 1.0 additional day estimated for 1 auditor.
\1\ Not applicable.
IV. Proposed Fee Schedule and Description of Fees
OSHA proposes the adjusted fee schedule shown below as Table A.
Table A.--Fee Schedule: Nationally Recognized Testing Laboratory Program (NRTL Program)
[Fee Schedule (Effective February 5, 2007)] \12\
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Activity or
category (fee
Type of service charged per Fee amount
application unless
noted otherwise)
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APPLICATION PROCESSING....................... Initial Application $5,100.
Review 1 8.
Expansion 1,020.
Application Review
(per additional
site) 1 8.
Renewal or 130.
Expansion (other)
Application Review
\1\.
Renewal Information 1,020.
Review Fee \7\.
Additional Review-- 1,020.
Initial
Application (if
the application is
substantially
revised, submit
one-half Initial
Application Review
fee) \7\.
Additional Review-- 510.
Renewal or
Expansion
Application \7\.
Assessment--Initial 8,890.
Application (per
site--SUBMIT WITH
APPLICATION) 2 4 8.
Assessment--Initial 1,910 + actual travel expenses.
Application (per
person, per site--
first day--BILLED
AFTER ASSESSMENT)
2 10.
Assessment--Renewal 1,790 + actual travel expenses.
Application (per
person, per site--
first day) 3 10.
Assessment--Expansi 1,530 + actual travel expenses.
on Application
(additional site)
(per person, per
site--first day)
\3\.
Assessment--Expansi 1,280 + actual travel expenses.
on Application
(other) (per
person, per site--
first day) \3\.
Assessment--each 510 + actual travel expenses.
addnl. day or each
day on travel (per
person, per site)
2 3.
Review & Evaluation 13 per standard OR $64 per standard.
\5\ ($13 per
standard if it is
already recognized
for NRTLs and
requires minimal
review; OR else
$64 per standard).
Final Report/ 8,420.
Register Notice--
Initial
Application 5 9.
Final Report/ 3,190.
Register Notice--
Renewal or
Expansion
Application (if
OSHA performs on-
site assessment) 5
9.
Final Report/ 1,910.
Register Notice--
Renewal or
Expansion
Application (if
OSHA performs NO
on-site
assessment) 5 9.
AUDITS....................................... On-site Audit (per 2,680 + actual travel expenses.
person, per site,
first day) \6\.
On-site Audit--each 510 + actual travel expenses.
addnl. day or each
day on travel (per
person, per site)
\6\.
Office Audit (per 510.
person, per site)
\6\.
MISCELLANEOUS................................ Supplemental Travel 1,000.
(per site--for
sites located
outside the 48
contiguous States
or the District of
Columbia) \4\.
Supplemental 260.
Program Review
(per program
requested) \4\.
Fees Invoice 130.
Processing (per
application or
audit) \4\.
Late Payment \11\.. 64.
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\1\ Who must pay the Application Review fees, and when must they be paid? If you are applying for initial
recognition as an NRTL, you must pay the Initial Application Review fee and include this fee with your initial
application. If you are an NRTL and applying for an expansion or renewal of recognition, you must pay the
Expansion Application Review fee or Renewal Application Review fee, as appropriate, and submit this fee
concurrently with your expansion or renewal application. See note 7 if you amend or revise your initial or
expansion application.
\2\ What assessment fees do you submit for an initial application, and when must they be paid? If you are
applying for initial recognition as an NRTL, you must pay $8,890 for each site for which you wish to obtain
recognition, and you must submit this amount concurrently with your initial application. We base this amount
on two assessors performing a three-day assessment at each site. After completing the actual assessment, we
calculate our assessment fee based on the actual staff time and travel costs incurred in performing the
assessment. We calculate this fee at the rate of $1,910 for the first day at the site, $510 for each
additional day at the site, and $510 for each day in travel, plus actual travel expenses, for each assessor.
(Note: days charged for being in travel status are those allowed under government travel rules. This note
applies to any assessment or audit.) Actual travel expenses are determined by government per diem and other
travel rules. We bill or refund the difference between the amount you pre-paid and the actual assessment fee.
We reflect this difference in the final bill that we send to you at the time we publish the preliminary
Federal Register notice announcing the application.
\3\ What assessment fees do you submit for an expansion or renewal application, and when must they be paid? If
you are an NRTL and applying solely for an expansion or renewal of recognition, you do not submit any
assessment fee with your application. If we need to perform an assessment for the expansion or renewal
request, we bill you for this fee after we perform the assessment. The fee is based on the actual staff time
and travel costs we incurred in performing the assessment. We calculate this fee at the rate of $1,790,
$1,530, or $1,280 for the first day at the site of a renewal, expansion (site), and expansion (other)
assessment, respectively. We also include $510 for each additional day at the site and $510 for each day in
travel, plus actual travel expenses, for each assessor. Actual travel expenses are determined by government
per diem and other travel rules. When more than one site of the NRTL is visited during one trip, we charge the
$510 additional day fee, plus actual travel expenses, for each day at a site.
\4\ When do I pay the Supplemental Travel, the Supplemental Program Review, or the Fees Invoice Processing fees?
You must include the Supplemental Travel fee when you submit an initial application for recognition and the
site you wish to be recognized is located outside the 48 contiguous U.S. states or the District of Columbia.
The current supplemental travel fee is $1,000. We factor in this prepayment when we bill for the actual costs
of the assessment, as described in our note 2, above. See note 8 for possible refund of application or
assessment fees. You must include the Supplemental Program Review fee when you apply for approval to use other
qualified parties or facilities to perform specific activities. See Chapter 2 of the NRTL Program Directive
for more information. We will include the Fees Invoice Processing fee in the total for each of our invoices to
you.
\5\ When do I pay the Review and Evaluation and the Final Report/Register Notice fees? We bill an applicant or
an NRTL for the appropriate fees at the time we publish the preliminary Federal Register notice to announce
the application. We calculate the Review and Evaluation Fee at the rate of $13 per test standard requested for
those standards that OSHA previously recognized for any NRTL and that require minimal review or do not
represent a new area of testing for the NRTL. Otherwise, this fee is $64 per standard requested.
\6\ When do I pay the Audit fee? We bill the NRTL for this fee (on-site or office, as deemed necessary) after
completion of the audit and base the fee on actual staff time and travel costs incurred in performing the
audit. We calculate our fee at the rate of $2,680 for the first day at the site, $510 for each additional day
at the site, and $510 for each day in travel, plus actual travel expenses for each auditor. Actual travel
expenses are determined by government per diem and other travel rules.
\7\ When do I pay the Additional Review fee or Renewal Information Review fee? The Additional Review fees cover
the staff time in reviewing new or modified information submitted after we have completed our preliminary
review of an application. There is no charge for review of a ``minor'' revision, which entails modifying or
supplementing less than approximately 10% of the documentation in the application. The Additional Review fee
applies to revisions modifying or supplementing from 10% to 50% of that documentation. For a new application,
the fee represents 16 hours of additional review time and for a renewal or expansion application, the fee
represents 8 hours of additional review time. If an applicant exceeds that 50% threshold in revising its
application, we will charge one-half the Initial Application Review fee and the full Expansion Application
Review fee, as applicable. The Renewal Information Review fee applies when an NRTL submits updated information
to OSHA in connection with a request for renewal of recognition.
\8\ When and how can I obtain a refund for the fees that I paid? If you withdraw before we complete our
preliminary review of your initial application or your expansion application to include an additional site, we
will refund half of the application fee. If you are applying for initial recognition as an NRTL, we will
refund the pre-paid assessment fees if you withdraw your application before we have traveled to your site to
perform the on-site assessment. For an initial application, we will also credit your account for any amount of
the pre-paid assessment fees collected that is greater than the actual cost of the assessment. Other than
these cases, we do not generally refund or grant credit for any other fees that are due or collected.
\9\ Will I be billed even if my application is rejected? If we reject your application, we will bill you for the
fees pertaining to tasks that we have performed that are not covered by the fees you have submitted. For
example, if we perform an assessment for an expansion application but deny the expansion, we will bill you for
the assessment fee. Similarly, we will bill you for the Final Report and Federal Register fee if we also wrote
the report and published the notice. See note 11 for the consequences of non-payment.
\10\ What rate does OSHA use to charge for staff time? OSHA has estimated an equivalent staff cost per hour that
it uses for determining the fees that are shown in the Fee Schedule. This hourly rate takes into account the
costs for salary, fringe benefits, equipment, supervision and support for each ``direct staff'' member, that
is, the staff that perform the main activities identified in the Fee Schedule. The rate is an average of these
amounts for each of these direct staff members. The current estimated equivalent staff costs per hour =
$63.80.
\11\ What happens if I do not pay the fees that I am billed? As explained above, if you are an applicant, we
will send you a final bill (for any assessment and for the Review and Evaluation and Final Report/Register
Notice fees) at the time we publish the preliminary Federal Register notice. If you do not pay the bill by the
due date, we will assess the Late Payment fee shown in the Fee Schedule. This late payment fee represents one
hour of staff time at the equivalent staff cost per hour (see note 10). If we do not receive payment within 60
days of the bill date, we will cancel your application. As also explained above, if you are an NRTL, we will
generally send you a bill for the audit fee after completion of the audit. If you do not pay the fee by the
due date, we will assess the Late Payment Fee shown in the Fee Schedule. If we do not receive payment within
60 days of the bill date, we will publish a Federal Register notice stating our intent to revoke recognition.
However, please note that in either case, you may be subject to collection procedures under U.S. (Federal)
law.
\12\ How do I know whether this is the most Current Fee Schedule? You should contact OSHA's NRTL Program (202-
693-2110) or visit the program's Web site to determine the effective date of the most current Fee Schedule.
Access the site by selecting ``N'' in the Subject Index at http://www.osha.gov. Any application review fees
are those in effect on the date you submit your application. Other application processing fees are those in
effect when the activity covered by the fee is performed. Audit fees are those in effect on the date we begin
our audit.
In evaluating the adjustments to the fee schedule, OSHA has
considered the following: (1) Actual expenditures for the 2005 fiscal
year, and (2) expected costs for the 2006 fiscal year. Both increases
and decreases are reflected in these adjustments.
The following is a description of the tasks and functions currently
covered by each type of fee category, e.g., application fees, and the
basis used to charge each fee.
Application Fees: This fee reflects the technical work performed by
office and field staff in reviewing application documents to determine
whether an applicant submitted complete and adequate information. The
application review does not include a determination on the test
standards requested, which is reflected in the Review and Evaluation
fee. Application fees are based upon average costs per type of
application. OSHA uses an average cost because the amount of time spent
on the application review does not vary greatly by type of application.
This is based on the premise that the number and type of documents
submitted will generally be the same for a given type of application.
Experience has shown that, indeed, most applicants do follow the
application guide that OSHA provides. Two new fees are being added in
this area, which are explained in the Section VI, below.
Assessment Fees: This fee is different for the initial renewal
expansion (site) and expansion (other) applications. It is based on the
number of days for staff preparatory and on-site work and related
travel. Six types of fees are shown, and five are charged per site and
per person. The four fees for the first day reflect time for office
preparation and 8 hours at the applicant's facility. There is one fee
covering either additional days at the facility and/or days in travel.
Additional days or days in travel are assessed for either a half or a
full day. A supplemental travel amount is assessed for travel outside
the contiguous 48 states or the District of Columbia. For initial
applications, an amount to cover the assessment must be submitted ``up-
front'' with the application. In addition to the first day and
additional day amounts, the applicant or NRTL must pay actual travel
expenses, based on government per diem and travel rules. For initial
applications, any difference between actual travel expenses and the up-
front travel amount is reflected in the final bill or refund sent to the
applicant.
Similar to the application fee, the office preparation time
generally involves the same types of activities. Actual time at the
facility may vary, but the staff devote at least a full day to
performing the on-site work. The fee for the additional day reflects
time spent at the facility and the actual travel expenses for that day.
Review and Evaluation Fee: This fee is charged per test standard
(which is part of an applicant's proposed scope of recognition). The
fee reflects the fact that staff time spent on the office review of an
application varies based on the number of test standards requested by
the applicant. In general, the fee is based on the estimated time
necessary to review test standards to determine whether each one is
``appropriate,'' as defined in 29 CFR 1910.7, and covers equipment for
which OSHA mandates certification by an NRTL. The fee also covers time
to determine the current designation and status (i.e., active or
withdrawn) of a test standard by reviewing current directories of the
applicable test standard organization. Furthermore, it includes time
spent discussing the results of the application review with the
applicant. The actual time spent will vary depending on whether an
applicant requests test standards that have previously been approved
for other NRTLs. When the review is minimal, these activities take
approximately 2 hours for 10 standards. This translates to $13 per
standard. When the review is more substantial, the estimated average
review time per standard is one hour for each standard, which
translates to $64 per standard. Substantial review will occur when the
standard has not been previously recognized for any NRTL or when the
NRTL is proposing to conduct testing in a ``new'' area, i.e., for a
type of product not similar to any currently included under its scope
of recognition.
Final Report/Register Notice Fees: Each of these fees are charged
per application. The fee reflects the staff time required to prepare
the report of the on-site review of an applicant's or an NRTL's
facility, which includes contacting the applicant or NRTL to discuss
issues or items in its response to our findings during our assessment.
The fee also reflects the time spent making the final evaluation of an
application, preparing the required Federal Register notices, and
responding to comments received in response to the preliminary finding
notice. These fees are based on average costs per type of application,
since the type and content of documents prepared are generally the same
for each type of applicant. There is a separate fee when OSHA performs
no on-site assessment. In these cases, the NRTL Program staff perform
an office assessment and prepare a memo to recommend the expansion or
renewal.
Audit (Post-Recognition Review) Fees: These fees reflect the time
for office preparation, time at the facility and travel, and time to
prepare the audit report of the on-site audit. A separate fee is shown
for an office audit conducted in lieu of an actual visit. Each fee is
per site and does not generally vary for the same reasons described for
the assessment fee and because the audit is generally limited to
between one and two days. As previously described, the audit fee
includes amounts for travel, and, similar to assessments, OSHA will
bill the NRTL for actual travel expenses.
Miscellaneous Fees: Four different fees are shown under this
category. OSHA can charge a Late Payment fee if an invoice is not paid
by the due date. This amount represents 1 hour of staff time for
contacting the NRTL and preparing a late invoice and cover letter. The
Supplemental Travel fee applies per site for an initial application if
the site to be recognized is located outside the 48 contiguous U.S.
states or the District of Columbia. The fee is $1,000. We are adding
two new miscellaneous fees, which are explained in Section VI, below.
VI. Major Changes to the Fee Schedule
The following table shows the major adjustments (i.e., increases or
decreases of $100 or more) that we propose to make to the fee schedule
in Table A as compared to the current fee schedule.\2\ Following the
table, we explain each of the major adjustments.
---------------------------------------------------------------------------
\2\ Our current fee schedule is available on the OSHA Web site.
Table of Major Adjustments to Fee Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comment on change in fee
Description of activity or category Current fee amount Proposed fee amount amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Application Review....................... $4,400................................. $5,100........................ None.
Expansion Application Review..................... 850.................................... 1,020......................... None.
Additional Review--Initial Application........... None................................... 1,020......................... New fee.
Renewal Application Information Review........... None................................... 1,020......................... New fee.
Additional Review--Renewal or Expansion None................................... 510........................... New fee.
Application.
Assessment--Initial Application (SUBMIT WITH 6,500.................................. 8,890......................... None.
APPLICATION).
Assessment--Initial Application (per person, per 1,500.................................. 1,910......................... None.
site--first day--BILLED AFTER ASSESSMENT).
Assessment--Renewal Application (per person, per 1,100.................................. 1,790......................... Currently combined with
site--first day). expansion assessment fee.
Assessment--Expansion (additional site) (per 1,100.................................. 1,530......................... Currently combined with
person, per site--first day). renewal assessment fee.
Assessment--Expansion (other) (per person, per 1,100.................................. 1,280......................... Currently combined with
site--first day). renewal assessment fee.
Assessment--each addnl. day OR travel time--each 440.................................... 510........................... Only 4 hours of travel time
day (per person, per site). currently charged through
the first day fee for
assessments.
Review & Evaluation.............................. 10 per ten standards................... 13 per standard............... Correction of undercharge
per ten standards: $130 +
$10 = $120.
Final Report/Register Notice--Initial Application 6,550.................................. 8,420......................... None.
Final Report/Register Notice--Renewal or 2,600.................................. 3,190......................... None.
Expansion Application (if OSHA performs on-site
assessment).
Final Report/Register Notice--Renewal or 1,500.................................. 1,910......................... None.
Expansion Application (if OSHA performs NO on-
site assessment).
On-site Audit (first day)........................ 1,950.................................. 2,680......................... None.
Supplemental Program Review...................... None................................... 260........................... New fee
Fees Invoice Processing.......................... None................................... 130........................... New fee.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Application and Assessment. The increase in the application review
fees, the assessment-related fees, and the final report/register notice
fees resulted primarily from the increase in the hourly cost charged
for the direct staff time. The audit-related fees also increased in
part for the same reason but also because we added 4 hours for the pre-
site review of each audit and 14 hours for the preparation of the audit
report. These extra hours are reflected in Figure 5. In our current fee
schedule, we have a fee for Assessment--Expansion or Renewal
Application (first day). Under the proposed schedule, we would replace
this with a separate assessment fee for renewals and a separate fee for
each type of expansion.
Travel. We changed our treatment of ``travel time,'' which is time
in travel to and from a site, as opposed to audit or assessment time at
a site. Travel time is determined following Government travel
regulations. Currently, the fee schedule includes only 4 hours of
travel time for an entire trip, which is reflected in the first day fee
for assessments and audits. As explained in the notes to the fee
schedule, we have removed the 4-hour travel time from these first day
fees and propose to charge for actual travel time at the rate for an
additional day, which under the proposed schedule would be $510. This
rate would be charged based on either a half-day or a full day. We are
charging for this fee separately, as opposed to including it in the
first day flat fee, in order to more accurately recoup our travel
costs. For example, if a trip for an audit lasts a total of three days,
with two of those days spent at the site, we currently charge the lab
for 2.5 workdays (20 hours). Under the proposed schedule, we would
charge for 3 workdays (24 hours). This charge is most important in the
case of foreign travel where travel time may be 2 or 3 days in total.
Of course, the removal of the 4 hours of travel time from the first day
of an assessment or of an audit reduces those fees.
Additional Application Review. The new Additional Review fees cover
the staff time in reviewing new or modified information submitted for
an application. For example, an applicant may need to revise or amend
an initial or expansion application if we find that there are ``major''
deficiencies with it. There is no charge for review of a ``minor''
revision, which as Note 7 to the Fee Schedule describes, entails
modifying or supplementing less than approximately 10% of the
documentation in the application. The Additional Review fee applies to
revisions modifying or supplementing from 10% to 50% of that
documentation. For a new application, the fee represents 16 hours of
additional review time and for a renewal or expansion application, the
fee represents 8 hours of additional review time. If an applicant
exceeds that 50% threshold in revising its application, we will charge
one-half the Initial Application Review fee and the full Expansion
Application Review fee, as applicable. The Renewal Information Review
fee applies when an NRTL submits updated information to OSHA in
connection with a request for renewal of recognition. For example, such
information may include revised procedures and manuals for various
parts of its testing and certification activities.
Supplemental Program Review and Fees Invoice Processing. There are
two more new fees, which would recoup costs for tasks we now perform in
application processing and/or audits, but for which we do not charge.
The first fee, Supplemental Program Review, covers the time to review
requests by NRTLs to use a supplemental program, under which NRTLs can
use other qualified parties to perform tasks necessary for product
testing and certification. Currently, there are eight of these
programs, and NRTLs may apply to use one or more of them. The use of
the term ``program'' in this context may be a bit misleading. It is not
separate from, but just a segment within, the NRTL Program and defines
the category or type of activity or service that the NRTL can accept
from other parties or facilities. To be approved to use a program, the
NRTL must meet certain criteria and the fee covers the time for us to
make the office review and determination. If an on-site assessment were
needed as part of granting the approval, this would be covered
separately in the fee for the on-site assessment or audit during which
we review documentation or other operational aspects related to a
proposed use of the applicable program(s). The second fee is Fees
Invoice Processing, which also involves tasks directly related to the
application processing or audit activities and for which we have not
been recouping costs. We follow essentially the same process to prepare
each invoice for either an application or an audit and would thus
charge per invoice prepared.
Review and Evaluation Fee. The increase in the Review and
Evaluation Fee is primarily a correction to the basis we used in the
current fee schedule. In both cases, we base the fee on performing two
separate reviews of 10 standards in 2 hours. However, the current fee
schedule incorrectly reflects a $10 cost for those 2 hours. Since the
current hourly rate is $54.50, this means the current fee is
understated by about $100 per ten standards (i.e., currently, it should
be $109 per 10 standards, but we are only charging $10 per 10
standards). At the proposed hourly rate, those 2 hours would result in
a cost of $130 for the 10 standards or $13 per standard.
Notes to the Fee Schedule. We also propose to change a few of the
notes to the fee schedule. In the table below, we show the notes that
we plan to modify or add and explain why. Proposed adjustments that
merely update a fee amount mentioned in a note are not explained or
described in the table below.
Table of Modified or New Notes to the Fee Schedule
----------------------------------------------------------------------------------------------------------------
Note to fee schedule Fee or area covered by note Reason(s) for modifying or adding note
----------------------------------------------------------------------------------------------------------------
2.......................... Initial application assessment. This note now also describes the separate charge
for staff travel time.
3.......................... Expansion or renewal assessment This note now also describes the separate charge
for staff travel time and shows the different
first day fees for renewal and expansion
assessments.
4.......................... Supplemental travel............ This note mentions possible refund of application
fees. It also describes the new Supplemental
Program Review and Fees Invoice Processing fees.
5.......................... Review and evaluation.......... We corrected the basis for charging this fee, as
explained in the section above.
6.......................... Audit.......................... This note now also describes the separate charge
for staff travel time.
7.......................... Additional review.............. Note 7 previously covered refund of fees and now
would cover the fee for additional reviews of
applications.
8.......................... Refunds........................ This note would permit refunds of half the
application fee if an applicant withdraws its
initial or expansion (additional site)
application before we complete our preliminary
review. Note 8 previously covered the hourly rate
for staff time, which is now under Note 10.
9.......................... Application rejection.......... Note 9 previously covered non-payment of fees and
now would cover the new area of fees due if we
were to reject an application.
11......................... Non-payment.................... Note 11 is new. This area was previously covered
under Note 9 and now would include a statement
about collection procedures under U.S. (Federal)
law.
12......................... Fees in effect................. Note 12 is new. This area was previously covered
under Note 10 and now would include a note
primarily to change the ``in-effect'' criterion
for certain application processing fees.
----------------------------------------------------------------------------------------------------------------
Finally, we are explaining again a matter dealing with the fee for
Review and Evaluation, which was addressed when revising our fees in
2002. We revisit it here to clarify one aspect of our work involved in
this activity. NRTLs submit requests to expand their scope to include
additional test standards, i.e., testing of additional types of
products. Generally, this request has consisted of a listing of the
test standards. If we determine that the products requested are similar
to products already in the particular NRTL's scope, the testing would
fall within its current capabilities, and no additional documentation
needs to be reviewed. In that case, the NRTL would be charged the
proposed fee of $13 per standard requested. However, if the NRTL
requests a standard that represents a new area of testing under its
scope, then it must submit information on the testing equipment and
procedures it will use as well as qualifications of personnel that will
perform the testing. In that case, the charge would be $64 per
standard, representing an average of 1 hour to review the information
that must be submitted. Similarly, if OSHA has not previously
recognized a particular standard for any NRTL, even though it may cover
types of products under test standards that we have recognized, we
would charge $64 per standard, representing an average of 1 hour to
review the testing and other provisions of the standard and to
determine if the NRTL has the necessary capability.
Proposed Decision
OSHA has performed its annual review of the fees it currently
charges to Nationally Recognized Testing Laboratories, as provided
under 29 CFR 1910.7(f). Based on this review, OSHA has determined that
the current fee schedule warrants adjustment, as detailed in this
notice. As a result, OSHA proposes to revise those current fees by
adopting the Nationally Recognized Testing Laboratory Program Fee
Schedule shown as Table A, above, which would become effective on
February 5, 2007.
OSHA welcomes public comments, including supporting information on
the proposed fee schedules. Your comment 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 15 days, unless the requester justifies a longer period.
You may obtain or review documents related to the establishment of the
fees and all submitted comments, as received, by contacting the Docket
Office, Room N2625, Occupational Safety and Health Administration, U.S.
Department of Labor, at the above address. Docket No. NRTL95-F-1,
contains all materials in the record concerning OSHA's NRTL Program
fees.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend the final
version of the NRTL Program Fee Schedule to the Assistant Secretary.
The Agency will publish a public notice of its final version of the fee
schedule in the Federal Register, as provided under 29 CFR 1910.7.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
For the reasons discussed in the preamble, OSHA proposes to revise
the fees it currently charges to Nationally Recognized Testing
Laboratories by adopting the following Fee Schedule:
Nationally Recognized Testing Laboratory Program (NRTL Program)
[FEE SCHEDULE (Effective December 20, 2006)] 12
----------------------------------------------------------------------------------------------------------------
Activity or category (fee
Type of service charged per application Fee Amount
unless noted otherwise)
----------------------------------------------------------------------------------------------------------------
APPLICATION PROCESSING................ Initial Application $5,100.
Review 1 8.
Expansion Application 1,020.
Review (per additional
site) 1 8.
Renewal or Expansion 130.
(other) Application
Review 1.
Renewal Information 1,020.
Review Fee 7.
Additional Review-- 1,020.
Initial Application (if
the application is
substantially revised,
submit one-half Initial
Application Review fee)
7.
Additional Review-- 510.
Renewal or Expansion
Application 7.
Assessment--Initial 8,890.
Application (per site--
SUBMIT WITH APPLICATION)
2 4 8.
Assessment--Initial 1,910 + actual travel expenses.
Application (per person,
per site--first day--
BILLED AFTER ASSESSMENT)
2 10.
Assessment--Renewal 1,790 + actual travel expenses.
Application (per person,
per site--first day) 3
10.
Assessment--Expansion 1,530 + actual travel expenses.
Application (additional
site) (per person, per
site--first day) 3.
Assessment--Expansion 1,280 + actual travel expenses.
Application (other) (per
person, per site--first
day) 3.
Assessment--each addnl. 510 + actual travel expenses.
day or each day on
travel (per person, per
site) 2 3.
Review & Evaluation 5 (13 per standard if it is 13 per standard OR 64 per standard.
already recognized for
NRTLs and requires
minimal review; OR else
$64 per standard).
Final Report/Register 8,420.
Notice--Initial
Application 5 9.
Final Report/Register 3,190.
Notice--Renewal or
Expansion Application
(if OSHA performs on-
site assessment) 5 9.
Final Report/Register 1,910.
Notice--Renewal or
Expansion Application
(if OSHA performs NO on-
site assessment) 5 9.
AUDITS................................ On-site Audit (per 2,680 + actual travel expenses.
person, per site, first
day) 6.
On-site Audit--each 510 + actual travel expenses.
addnl. day or each day
on travel (per person,
per site) 6.
Office Audit (per person, 510.
per site) 6.
MISCELLANEOUS......................... Supplemental Travel (per 1,000.
site--for sites located
outside the 48
contiguous States or the
District of Columbia) 4.
Supplemental Program 260.
Review (per program
requested) 7.
Fees Invoice Processing 130.
(per application or
audit) 4.
Late Payment 11.......... 64.
----------------------------------------------------------------------------------------------------------------
\1\ Who must pay the Application Review fees, and when must they be paid? If you are applying for initial
recognition as an NRTL, you must pay the Initial Application Review fee and include this fee with your initial
application. If you are an NRTL and applying for an expansion or renewal of recognition, you must pay the
Expansion Application Review fee or Renewal Application Review fee, as appropriate, and submit this fee
concurrently with your expansion or renewal application. See note 7 if you amend or revise your initial or
expansion application.
\2\ What assessment fees do you submit for an initial application, and when must they be paid? If you are
applying for initial recognition as an NRTL, you must pay $8,890 for each site for which you wish to obtain
recognition, and you must submit this amount concurrently with your initial application. We base this amount
on two assessors performing a three-day assessment at each site. After completing the actual assessment, we
calculate our assessment fee based on the actual staff time and travel costs incurred in performing the
assessment. We calculate this fee at the rate of $1,910 for the first day at the site, $510 for each
additional day at the site, and $510 for each day in travel, plus actual travel expenses, for each assessor.
(Note: days charged for being in travel status are those allowed under government travel rules. This note
applies to any assessment or audit.) Actual travel expenses are determined by government per diem and other
travel rules. We bill or refund the difference between the amount you pre-paid and the actual assessment fee.
We reflect this difference in the final bill that we send to you at the time we publish the preliminary
Federal Register notice announcing the application.
\3\ What assessment fees do you submit for an expansion or renewal application, and when must they be paid? If
you are an NRTL and applying solely for an expansion or renewal of recognition, you do not submit any
assessment fee with your application. If we need to perform an assessment for the expansion or renewal
request, we bill you for this fee after we perform the assessment. The fee is based on the actual staff time
and travel costs we incurred in performing the assessment. We calculate this fee at the rate of $1,790,
$1,530, or $1,280 for the first day at the site of a renewal, expansion (site), and expansion (other)
assessment, respectively. We also include $510 for each additional day at the site and $510 for each day in
travel, plus actual travel expenses, for each assessor. Actual travel expenses are determined by government
per diem and other travel rules. When more than one site of the NRTL is visited during one trip, we charge the
$510 additional day fee, plus actual travel expenses, for each day at a site.
\4\ When do I pay the Supplemental Travel, the Supplemental Program Review, or the Fees Invoice Processing fees?
You must include the Supplemental Travel fee when you submit an initial application for recognition and the
site you wish to be recognized is located outside the 48 contiguous U.S. states or the District of Columbia.
The current supplemental travel fee is $1,000. We factor in this prepayment when we bill for the actual costs
of the assessment, as described in our note 2, above. See note 8 for possible refund of application or
assessment fees. You must include the Supplemental Program Review fee when you apply for approval to use other
qualified parties or facilities to perform specific activities. See Chapter 2 of the NRTL Program Directive
for more information. We will include the Fees Invoice Processing fee in the total for each of our invoices to
you.
\5\ When do I pay the Review and Evaluation and the Final Report/Register Notice fees? We bill an applicant or
an NRTL for the appropriate fees at the time we publish the preliminary Federal Register notice to announce
the application. We calculate the Review and Evaluation Fee at the rate of $13 per test standard requested for
those standards that OSHA previously recognized for any NRTL and that require minimal review or do not
represent a new area of testing for the NRTL. Otherwise, this fee is $64 per standard requested.
\6\ When do I pay the Audit fee? We bill the NRTL for this fee (on-site or office, as deemed necessary) after
completion of the audit and base the fee on actual staff time and travel costs incurred in performing the
audit. We calculate our fee at the rate of $2,680 for the first day at the site, $510 for each additional day
at the site, and $510 for each day in travel, plus actual travel expenses for each auditor. Actual travel
expenses are determined by government per diem and other travel rules.
\7\ When do I pay the Additional Review fee or Renewal Information Review fee? The Additional Review fees cover
the staff time in reviewing new or modified information submitted after we have completed our preliminary
review of an application. There is no charge for review of a ``minor'' revision, which entails modifying or
supplementing less than approximately 10% of the documentation in the application. The Additional Review fee
applies to revisions modifying or supplementing from 10% to 50% of that documentation. For a new application,
the fee represents 16 hours of additional review time and for a renewal or expansion application, the fee
represents 8 hours of additional review time. If an applicant exceeds that 50% threshold in revising its
application, we will charge one-half the Initial Application Review fee and the full Expansion Application
Review fee, as applicable. The Renewal Information Review fee applies when an NRTL submits updated information
to OSHA in connection with a request for renewal of recognition.
\8\ When and how can I obtain a refund for the fees that I paid? If you withdraw before we complete our
preliminary review of your initial application or your expansion application to include an additional site, we
will refund half of the application fee. If you are applying for initial recognition as an NRTL, we will
refund the pre-paid assessment fees if you withdraw your application before we have traveled to your site to
perform the on-site assessment. For an initial application, we will also credit your account for any amount of
the pre-paid assessment fees collected that is greater than the actual cost of the assessment. Other than
these cases, we do not generally refund or grant credit for any other fees that are due or collected.
\9\ Will I be billed even if my application is rejected? If we reject your application, we will bill you for the
fees pertaining to tasks that we have performed that are not covered by the fees you have submitted. For
example, if we perform an assessment for an expansion application but deny the expansion, we will bill you for
the assessment fee. Similarly, we will bill you for the Final Report and Federal Register fee if we also wrote
the report and published the notice. See note 11 for the consequences of non-payment.
\10\ What rate does OSHA use to charge for staff time? OSHA has estimated an equivalent staff cost per hour that
it uses for determining the fees that are shown in the Fee Schedule. This hourly rate takes into account the
costs for salary, fringe benefits, equipment, supervision and support for each ``direct staff'' member, that
is, the staff that perform the main activities identified in the Fee Schedule. The rate is an average of these
amounts for each of these direct staff members. The current estimated equivalent staff costs per hour =
$63.80.
\11\ What happens if I do not pay the fees that I am billed? As explained above, if you are an applicant, we
will send you a final bill (for any assessment and for the Review and Evaluation and Final Report/Register
Notice fees) at the time we publish the preliminary Federal Register notice. If you do not pay the bill by the
due date, we will assess the Late Payment fee shown in the Fee Schedule. This late payment fee represents one
hour of staff time at the equivalent staff cost per hour (see note 10). If we do not receive payment within 60
days of the bill date, we will cancel your application. As also explained above, if you are an NRTL, we will
generally send you a bill for the audit fee after completion of the audit. If you do not pay the fee by the
due date, we will assess the Late Payment Fee shown in the Fee Schedule. If we do not receive payment within
60 days of the bill date, we will publish a Federal Register notice stating our intent to revoke recognition.
However, please note that in either case, you may be subject to collection procedures under U.S. (Federal)
law.
\12\ How do I know whether this is the most Current Fee Schedule? You should contact OSHA's NRTL Program (202-
693-2110) or visit the program's Web site to determine the effective date of the most current Fee Schedule.
Access the site by selecting ``N'' in the Subject Index at http://www.osha.gov. Any application review fees
are those in effect on the date you submit your application. Other application processing fees are those in
effect when the activity covered by the fee is performed. Audit fees are those in effect on the date we begin
our audit.
[FR Doc. E6-21670 Filed 12-19-06; 8:45 am]
BILLING CODE 4510-26-P
