• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    88:83972-83973
  • Standard Number:
  • Title:
    LabTest Certification Inc.: Application for Expansion of Recognition
  [Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
  [Notices]
  [Pages 83972-83973]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2023-26454]
  
  
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  DEPARTMENT OF LABOR
  
  Occupational Safety and Health Administration
  
  [Docket No. OSHA-2021-0005]
  
  
  LabTest Certification Inc.: Application for Expansion of 
  Recognition
  
  AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
  
  ACTION: Notice.
  
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  SUMMARY: In this notice, OSHA announces the application of LabTest 
  Certification Inc., for expansion of the recognition as a Nationally 
  Recognized Testing Laboratory (NRTL) and presents the agency's 
  preliminary finding to grant the application.
  
  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 December 18, 2023.
  
  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.
      Docket: To read or download comments or other material in the 
  docket, go to http://www.regulations.gov or the OSHA Docket Office. 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 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.
      Instructions: All submissions must include the agency name and the 
  OSHA docket number (OSHA-2021-0005). 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 December 18, 2023 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-3653, Washington, DC 20210, or by fax to (202) 693-
  1644.
  
  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, phone: (202) 693-1999 or 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, phone: (202) 693-1911 or email: 
  robinson.kevin@dol.gov.
  
  SUPPLEMENTARY INFORMATION:
  
  I. Notice of the Application for Expansion
  
      OSHA is providing notice that LabTest Certification Inc. (LCI), is 
  applying for expansion of the current recognition as a NRTL. LCI 
  requests the addition of nine test standards to the NRTL scope of 
  recognition.
      OSHA recognition of a NRTL signifies that the organization meets 
  the requirements specified in 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. Each NRTL's scope of recognition includes: (1) 
  the type of products the NRTL may test, with each type specified by the 
  applicable test standard; and (2) the recognized site(s) that has/have 
  the technical capability to perform the product-testing and product-
  certification activities for test standards within the NRTL's scope. 
  Recognition is not a delegation or grant of government authority; 
  however, recognition enables employers to use products approved by the 
  NRTL to meet OSHA standards that require product testing and 
  certification.
      The agency processes applications by a NRTL for initial recognition 
  and for an expansion or renewal of this recognition, following 
  requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
  that the agency publish two notices in the Federal Register in 
  processing an application. In the first notice, OSHA announces the 
  application and provides a preliminary finding. In the second notice, 
  the agency provides a final decision on the application. These notices 
  set forth the NRTL's scope of recognition or modifications of that 
  scope. OSHA maintains an informational web page for each NRTL, 
  including LCI, which details the NRTL's scope of recognition. These 
  pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
      LCI currently has one facility (site) recognized by OSHA for 
  product testing and certification, with the headquarters located at: 
  LabTest Certification, Inc., 205--8291 92 Street, Delta, BC Canada V4G 
  0A4. A complete list of LCI's scope of recognition is available at 
  https://www.osha.gov/nationally-recognized-testing-laboratory-program/lci.
  
  II. General Background on the Application
  
      LCI submitted an application dated March 8, 2022 (OSHA-2021-0005-
  0003), requesting the addition of ten test standards to the NRTL scope 
  of
  
  
  recognition. That application was updated on June 26, 2023 (OSHA-2021-
  0005-0004), to remove one standard from the original submission. This 
  expansion will cover the remaining nine standards. OSHA staff performed 
  a detailed analysis of the application packet and reviewed other 
  pertinent information. OSHA did not perform any on-site reviews in 
  relation to this application.
      Table 1, below, lists the appropriate test standards found in LCI's 
  application for expansion for testing and certification of products 
  under the NRTL Program.
  
  Table 1--Proposed Appropriate Test Standards for Inclusion in LCI's NRTL
                            Scope of Recognition
  ------------------------------------------------------------------------
             Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 48.............................  Electric Signs.
  UL 508............................  Electric Industrial Control
                                       Equipment.
  UL 508A...........................  Industrial Control Panels.
  UL 61010-1........................  Electrical Equipment for
                                       Measurement, Control and Laboratory
                                       Use; Part 1: General Requirements.
  UL 62368-1........................  Audio/Video, Information and
                                       Communication Technology Equipment--
                                       Part 1: Safety Requirements.
  UL 8750...........................  Standard for Light Emitting Diode
                                       (LED) Equipment for Use in Lighting
                                       Products.
  NFPA 496..........................  Purged and Pressurized Enclosures
                                       for Electrical Equipment.
  UL 1203...........................  Explosion-Proof and Dust-Ignition-
                                       Proof Electrical Equipment for Use
                                       in Hazardous (Classified)
                                       Locations.
  UL 121201.........................  Nonincendive Electrical Equipment
                                       for Use in Class I and II, Division
                                       2 and Class III, Divisions 1 and 2
                                       Hazardous (Classified) Locations.
  ------------------------------------------------------------------------
  
  III. Preliminary Findings on the Application
  
      LCI submitted an acceptable application for expansion of the scope 
  of recognition. OSHA's review of the application files and pertinent 
  documentation indicates that LCI can meet the requirements prescribed 
  by 29 CFR 1910.7 for expanding the recognition to include the addition 
  of these nine test standards for NRTL testing and certification listed 
  in Table 1. This preliminary finding does not constitute an interim or 
  temporary approval of LCI's application.
      OSHA seeks comment on this preliminary determination.
  
  IV. Public Participation
  
      OSHA welcomes public comment as to whether LCI meets the 
  requirements of 29 CFR 1910.7 for expansion of 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 by the due date for 
  comments. OSHA will limit any extension to 10 days unless the requester 
  justifies a longer time period. OSHA may deny a request for an 
  extension if it is not adequately justified.
      To review copies of the exhibits identified in this notice, as well 
  as comments submitted to the docket, contact the Docket Office, 
  Occupational Safety and Health Administration, U.S. Department of 
  Labor. These materials also are generally available online at http://www.regulations.gov under Docket No. OSHA-2021-0005 (for further 
  information, see the ``Docket'' heading in the section of this notice 
  titled ADDRESSES).
      OSHA staff will review all comments to the docket submitted in a 
  timely manner. After addressing the issues raised by these comments, 
  staff will make a recommendation to the Assistant Secretary of Labor 
  for Occupational Safety and Health on whether to grant LCI's 
  application for expansion of the scope of recognition. The Assistant 
  Secretary will make the final decision on granting the application. In 
  making this decision, the Assistant Secretary may undertake other 
  proceedings prescribed in Appendix A to 29 CFR 1910.7.
      OSHA will publish a public notice of the final decision in the 
  Federal Register.
  
  V. Authority and Signature
  
      James S. Frederick, Deputy Assistant Secretary of Labor for 
  Occupational Safety and Health, 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, 
  Sept. 18, 2020), and 29 CFR 1910.7.
  
      Signed at Washington, DC.
  James S. Frederick
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2023-26454 Filed 11-30-23; 8:45 am]
  BILLING CODE 4510-26-P