• Publication Date:
  • Publication Type:
  • Fed Register #:
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  • Title:
    Bay Area Compliance Laboratories Corporation: Request for Renewal of Recognition
[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Pages 16500-16501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06134]



Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]

Bay Area Compliance Laboratories Corporation: Request for Renewal 
of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.


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; 
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.


I. Background

    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 
Federal Register.

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]