• Publication Date:
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  • Title:
    Bay Area Compliance Laboratories Corporation: Grant of Renewal of Recognition
[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Pages 30998-30999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10887]



Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]

Bay Area Compliance Laboratories Corporation: Grant of Renewal of 

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

ACTION: Notice.


SUMMARY: In this notice, OSHA announces the final decision to grant 
renewal of recognition to Bay Area Compliance Laboratories Corporation 
(BACL) as a Nationally Recognized Testing Laboratory (NRTL).

DATES: The renewal of recognition becomes effective on May 20, 2022.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
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 hereby gives notice that it is granting the renewal of 
recognition of Bay Area Compliance Laboratories (BACL) as a NRTL under 
29 CFR 1910.7.
    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 the 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 the 
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 ending April 6, 2022. BACL 
submitted a timely request for renewal, dated July 6, 2021 (OSHA-2016-
0022-0014), and has retained 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 
     Bay Area Compliance Laboratories Corporation, 1274 
Anvilwood Avenue, Sunnyvale, California 94089.
    OSHA evaluated BACL's application for renewal and made a 
preliminary determination that BACL can meet the requirements 
prescribed by 29 CFR 1910.7 for NRTL recognition.
    OSHA published the preliminary notice announcing BACL's renewal 
application in the Federal Register on March 23, 2022 (87 FR 16500). 
The agency requested comments by April 7, 2022, but it received no 
comments in response to this notice. OSHA is now proceeding with this 
final notice to renew BACL's NRTL recognition.
    To obtain or review copies of all public documents pertaining to 
the BACL renewal application, go to www.regulations.gov or contact the 
Docket Office. Docket No. OSHA-2016-0022 contains all materials in the 
record concerning BACL's NRTL recognition. Please note: Due to the 
COVID-19 pandemic, the Docket Office is closed to the public at this 
time but can be contacted at (202) 693-2350.

II. Final Decision and Order

    OSHA hereby gives notice of the renewal of recognition of BACL as a 
NRTL. OSHA examined BACL's renewal application for renewal and all 
pertinent information related to BACL's request for renewal of NRTL 
recognition. Based on this review of the renewal request and other 
pertinent information, OSHA finds that BACL meets the requirements of 
29 CFR 1910.7 for renewal of recognition as a NRTL, subject to the 
specific limitation and conditions. OSHA limits the renewal of BACL's 
recognition to include the terms and conditions of BACL's recognition 
found in 82 FR 16856. The NRTL scope of recognition for BACL is also 
available on the OSHA website at: https://www.osha.gov/dts/otpca/nrtl/bacl.html. This renewal extends BACL's recognition as a NRTL for a 
period of five years from May 20, 2022.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
BACL must abide by the following conditions of recognition:
    1. BACL must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in their operations as a NRTL, and provide details of the 
    2. BACL must meet all the terms of their recognition and comply 
with all OSHA policies pertaining to this recognition; and
    BACL must continue to meet the requirements for recognition, 
including all previously published conditions on BACL's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the 
recognition of BACL as a NRTL.

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 May 12, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-10887 Filed 5-19-22; 8:45 am]