[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06134]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2016-0022]
Bay Area Compliance Laboratories Corporation: Request for Renewal
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: In this notice, OSHA announces Bay Area Compliance
Laboratories Corporation (BACL), application requesting renewal of
recognition as a Nationally Recognized Testing Laboratory (NRTL).
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 April 7, 2022.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. 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 website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions. Please
note: While OSHA's docket office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the rulemaking record by express delivery, hand delivery, and messenger
Instructions: All submissions must include the agency name and OSHA
docket number for this Federal Register notice (OSHA-2016-0022). OSHA
places comments and other materials, including any personal
information, in the public docket without revision, and these materials
will be available online at http://www.regulations.gov. Therefore, the
agency cautions commenters about submitting statements they do not want
made available to the public or submitting comments that contain
personal information (either about themselves or others) such as Social
Security numbers, birth dates and medical data.
Extension of comment period: Submit requests for an extension of
the comment period on or before April 7, 2022 to the Office of
Technical 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-3655, Washington, DC 20210, or by fax to (202) 693-
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, telephone: (202) 693-1999;
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: email@example.com.
OSHA recognition of a NRTL signifies that the organization meets
the requirements in section 1910.7 of title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details its
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
OSHA processes applications by a NRTL for renewal of recognition
following requirements in appendix A to 29 CFR 1910.7. OSHA conducts
renewals in accordance with the procedures in 29 CFR 1910.7, Appendix
A, paragraph II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA, not less than nine months or no more than one
year, before the expiration date of its current recognition. The
submission includes a request for renewal and any additional
information the NRTL wishes to submit to demonstrate its continued
compliance with the terms of its recognition and 29 CFR 1910.7. If OSHA
has not conducted an on-site assessment of the NRTL's headquarters and
key sites within the past 18 to 24 months, it will schedule the
necessary on-site assessments prior to the expiration date of the
NRTL's recognition. Upon review of the submitted material and, as
necessary, the successful completion of the on-site assessment, OSHA
announces its preliminary decision to grant or deny renewal in the
Federal Register and solicit comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
BACL initially received OSHA recognition as a NRTL on April 6, 2017
(82 FR 16856) for a five-year period that ends on April 6, 2022. BACL
submitted a timely request for renewal, dated July 7, 2021 (OSHA-2016-
0022-0013), and retains its recognition pending OSHA's final decision
in this renewal process. The current address of the BACL facility
recognized by OSHA and included as part of the renewal request is:
Bay Area Compliance Laboratories Corporation, 1274
Anvilwood Avenue, Sunnyvale, California 94089.
II. Notice of Preliminary Findings
OSHA is providing notice that BACL is applying for renewal of its
recognition as a NRTL. This renewal covers BACL's existing NRTL scope
of recognition. OSHA evaluated BACL's application for renewal and
preliminarily determined that BACL can continue to meet the
requirements prescribed by 29 CFR 1910.7 for recognition. Accordingly,
OSHA is making a preliminary determination that it does not need to
conduct an additional on-site review of BACL's facility based on its
evaluations of BACL's application and all other available information.
This information includes OSHA's most recent audit of BACL's NRTL
recognized site during this recognition period, and the satisfactory
resolution of non-conformances with the requirements of 29 CFR 1910.7.
This preliminary finding does not constitute an interim or temporary
approval of the request.
OSHA welcomes public comment as to whether BACL meets the
requirements of 29 CFR 1910.7 for renewal of its recognition as a NRTL.
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. OSHA must receive the
written request for an extension by the due date for comments. OSHA
will limit any extension to 30 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the publicly
available information in BACL's application and other pertinent
documents (including exhibits), as well as all submitted comments,
contact the Docket Office, Room N-3653, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2016-0022.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary on
whether to grant BACL's application for renewal. The Assistant
Secretary will make the final decision on granting the application and,
in making this decision, may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of this final decision in the
III. Authority and Signature
James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, September 18,
2020), and 29 CFR 1910.7.
Signed at Washington, DC, on March 15, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-06134 Filed 3-22-22; 8:45 am]
BILLING CODE 4510-26-P