[Federal Register: March 4, 2010 (Volume 75, Number 42)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0007]
Definition and Requirements for a Nationally Recognized Testing
Laboratory (NRTL); Extension of the Office of Management and Budget's
(OMB) Approval of Information Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for comment.
SUMMARY: OSHA requests comment concerning its proposed extension of the
information collection requirements specified by its Regulation on the
Definition and Requirements for a Nationally Recognized Testing
Laboratory (29 CFR 1910.7). The Regulation specifies procedures that
organizations must follow to apply for, and to maintain, OSHA's
recognition to test and certify equipment, products, or material.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 3, 2010.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2010-0007,
U.S. Department of Labor, Occupational Safety and Health
Administration, 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. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2010-
0007). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov.
For further information on submitting comments see the "Public
Participation" heading in the section of this notice titled
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Todd Owen at the
address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries, illnesses
and accidents (29 U.S.C. 657).
A number of standards issued by OSHA contain requirements for
equipment, products, or materials. These standards often specify that
employers use only equipment, products, or material tested or approved
by a nationally recognized testing laboratory (NRTL); this requirement
ensures that employers use safe and effective equipment, products, or
materials in complying with the standards. Accordingly, OSHA
promulgated the regulation titled "Definition and Requirements for a
Nationally Recognized Testing Laboratory" (the Regulation). The
Regulation specifies procedures that organizations must follow to apply
for, and to maintain, OSHA's recognition to test and certify equipment,
products, or material for this purpose.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend its approval of the collection
of information requirements specified by the Standard on the Definition
and Requirements for a Nationally Recognized Testing Laboratory. The
Agency is requesting to retain its current burden hour estimate of
1,340 hours. The Agency will summarize the comments submitted in
response to this notice, and will include this summary in its request
to OMB to extend the approval of these information collection
Type of Review: Extension of a currently approved information
Title: Definition and Requirements for a Nationally Recognized
Testing Laboratory (29 CFR 1910.7).
OMB Control Number: 1218-0147.
Affected Public: Business or other for-profits.
Number of Respondents: 67.
Frequency of Recordkeeping: On occasion.
Total Responses: 67.
Average Time Per Response: 160 hours for an organization to prepare
initial recognition applications to 16 hours for an annual site visit.
Estimated Total Burden Hours: 1,340.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0007). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's "User
Tips" link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.
V. Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.), and Secretary of Labor's Order No. 5-2007 (72 FR 31160).
Signed at Washington, DC, this 26th day of February 2010.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-4555 Filed 3-3-10; 8:45 am]
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