• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    81:95650-95652
  • Standard Number:
  • Title:
    Nationally Recongized Testing Laboratory Program Regulation;Revision of the Office of Management and Budget's (OMB) Approval ofInformation Collection (Paperwork) Requirements
  [Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
  [Notices]
  [Pages 95650-95652]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2016-31351]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2010-0007]


  Nationally Recongized Testing Laboratory Program Regulation;
  Revision 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 comments.

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  SUMMARY: OSHA requests comments concerning its proposed revision of the
  information collection requirements specified by its Program Regulation
  for Nationally Recognized Testing Laboratories, 29 CFR 1910.7 (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 safe use in the workplace.

  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 February 27, 2017.

  ADDRESSES: Submit comments by any of the following methods:
      Electronically: Submit comments and attachments electronically at
  http://www.regulations.gov, which is the Federal eRulemaking Portal.
  Follow the instructions online for making electronic submissions.
      Facsimile: If submissions, including attachments, are not longer
  than 10 pages, commenters may fax them to the OSHA Docket Office at
  (202) 693-1648.
      Regular or express mail, hand delivery, or messenger (courier)
  service: Submit a copy of comments and any attachments to the OSHA
  Docket Office, Docket No. OSHA-2010-0007, Technical Data Center, Room
  N-3508, U.S. Department of Labor, 200 Constitution Avenue NW.,
  Washington, DC 20210; telephone: (202) 693-2350 (TDY number: (877) 889-
  5627). Note that security procedures may result in significant delays
  in receiving comments and other written materials by regular mail.
  Contact the OSHA Docket Office for information about security
  procedures concerning delivery of materials by express delivery, hand
  delivery, or messenger service. The hours of operation for the OSHA
  Docket Office are 10:00 a.m.--2:30 p.m., e.t.
      Instructions: All submissions must include the Agency name and the
  OSHA docket number (OSHA-2010-0007). OSHA will place all submissions,
  including any personal information provided, in the public docket
  without revision, and these submissions will be 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.
  Contact the OSHA Docket Office for assistance in locating docket
  submissions.
      Extension of comment period: Submit requests for an extension of
  the comment period on or before February 27, 2017 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-
  1644.

  FOR FURTHER INFORMATION CONTACT: Theda Kenney (kenney.theda@dol.gov) or
  Todd Owen (owen.todd@dol.gov), Directorate of Standards and Guidance,
  OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-
  3609, Washington, DC 20210; telephone (202) 693-2222.

  SUPPLEMENTARY INFORMATION:

  I. Background

      The Department of Labor, as part of its continuing effort to reduce
  paperwork and respondent burden, conducts a preclearance consultation
  program to provide the public with an opportunity to comment on
  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 OSH Act) (29 U.S.C. 651 et seq.) authorizes information
  collection from employers as necessary or appropriate for enforcement
  of the OSH Act or for developing information regarding the causes and
  prevention of occupational injuries, illnesses, and accidents (29
  U.S.C. 657). The OSH Act also requires OSHA to obtain such information
  with minimum burden upon employers, especially those operating small
  businesses, and to reduce to the maximum extent feasible unnecessary
  duplication of efforts in obtaining information (29 U.S.C. 657).
      A number of standards issued by OSHA contain requirements that
  specify employers use only equipment, products, or material tested or
  approved by a Nationally Recognized Testing Laboratory (NRTL). These
  requirements ensure that employers use safe and efficacious equipment,
  products, or materials in complying with the standards. Accordingly,
  OSHA promulgated its Program Regulation for Nationally Recognized
  Testing Laboratories, 29 CFR 1910.7 (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 safe use in the workplace.

  II. Special Issues for Comment

      OSHA has a particular interest in comments on the following issues:
      1. Whether the proposed information collection requirements are
  necessary and useful for the proper performance of the Agency's
  functions;
      2. 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;
      3. The quality, utility, and clarity of the information collected;
  and
      4. Ways to minimize the burden on organizations that must comply;
  for example, by using automated or other technological information
  collection and transmission techniques.

  III. Proposed Actions

      OSHA proposes to revise the Office of Management and Budget's (OMB)
  approval of the collection of information requirements specified by the
  Regulation. In addition to extending its current approval by OMB, the
  Agency plans to implement a proposed fee schedule, see 80 FR 57222,
  Sept. 22, 2015. This proposed fee schedule would be based in part on
  proposed streamlined procedures for accepting and reviewing
  applications for NRTL recognition, expansion and renewal, and would
  contain revisions to the cost burden to respondents resulting from the
  collections of information required by the Regulation. The Agency also
  plans to obtain OMB approval for optional standardized forms to
  facilitate and simplify the information collection process as part of
  its information collection process. The optional forms correspond to
  the applications for initial, expansion of, and renewal of recognition
  procedures prescribed by the Regulation. Where practicable, the forms
  would provide for automations such as drop down lists to increase ease
  of use and reduce the information collection burden. The Agency expects
  the use of the optional standardized forms to marginally reduce the
  burden hours associated with these information collection requirements.
  The forms are included in a draft copy of the updated Directive on NRTL
  Program Policies, Procedures, and Guidelines, which has been attached
  to a Supporting Statement for the Information Collection Requirements
  of the Regulation. The Agency developed the Supporting Statement to
  outline the particulars of the collection of information proposed for
  approval by OMB. The Agency

  requests a $718,836 increase, resulting from a determination that the
  costs should be considered a cost to respondents rather than a cost to
  the Federal government, since respondents reimburse the Government for
  expenses related to this program. The Supporting Statement will be
  added to the docket (OSHA-2010-0007), and available at regulations.gov,
  once this Notice is published. The Agency will summarize the comments
  submitted in response to this Notice, and will include this summary in
  its request to OMB to revise the approval of these information
  collection requirements.
      Type of Review: Revision of a currently approved information
  collection.
      Title: Definition and Requirements of a Nationally Recognized
  Testing Laboratory (29 CFR 1910.7).
      OMB Control Number: 1218-0147.
      Affected Public: Business or other for-profit.
      Number of Respondents: 20.
      Frequency of Recordkeeping: On occasion.
      Total Responses: 140.
      Average Time per Response: 160 hours for initial recognition
  applications (3 responses per year); 10 hours for expansion of
  recognition applications, additional testing categories (5 responses
  per year); 24 hours for expansion of recognition applications,
  additional testing sites (2 responses per year); 5 hours for renewal of
  recognition applications (3 responses per year); .25 hours for
  electronic fee submission (63 responses per year); and 16 hours for
  assessments (57 responses per year).
      Estimated Total Burden Hours: 1,523.
      Estimated Cost (Operation and Maintenance): $718,836.

  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 in the Federal eRulemaking Portal at http://www.regulations.gov under Docket Number OSHA-2010-007; (2) by facsimile
  (FAX); or (3) by hard copy. For further information on submitting
  comments by facsimile or in hard copy, please see the section of this
  notice entitled ADDRESSES above. 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, Ph.D., MPH, Assistant Secretary of Labor for
  Occupational Safety and Health, 200 Constitution Avenue NW.,
  Washington, DC 20210, authorized the preparation of this notice. The
  Agency is issuing this notice pursuant to Section 8(g)(2) of the
  Occupational Safety and Health Act of 1970 (29 U.S.C. 657(g)(2)),
  Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012),
  OSHA's Program Regulation for Nationally Recognized Testing
  Laboratories, 29 CFR 1910.7, and the Paperwork Reduction Act of 1995
  (44 U.S.C 3506 et seq.).

      Signed at Washington, DC, this 22nd day of December, 2016.
  David Michaels,
  Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2016-31351 Filed 12-27-16; 8:45 am]
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