[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57222-57231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24107]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0031]


Nationally Recognized Testing Laboratories; Proposed Revised Fee 
Schedule and Proposed Adoption of New Application Acceptance and Review 
Procedures

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA proposes to revise the schedule of fees 
that the Agency charges to Nationally Recognized Testing Laboratories 
(NRTLs) and NRTL applicants. In addition, OSHA proposes to adopt new 
streamlined procedures for accepting and reviewing applications of 
organizations seeking to obtain, renew, or expand NRTL recognition.

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 October 22, 2015.

ADDRESSES: Submit comments by any of the following methods:
    1. 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.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0031, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY 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 mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2007-0031). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials may 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.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or to 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 at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before October 7, 2015 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational

[[Page 57223]]

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: Press inquiries: Contact Mr. Frank 
Meilinger, Director, OSHA Office of Communications, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; 
telephone: (202) 693-1999; email: [email protected].
    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, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    OSHA proposes to adopt new streamlined procedures for accepting and 
reviewing applications of organizations seeking to obtain, renew, or 
expand NRTL recognition, and to revise the existing NRTL Program fee 
schedule pursuant to the NRTL Program regulation, 29 CFR 1910.7(f). 
Section III of this notice covers the proposed adoption of new 
application acceptance and review procedures, and Section IV covers the 
proposed revision of the fee schedule.

II. Background on the NRTL Program

    Many of OSHA's safety standards (e.g., 29 CFR 1910, Subpart S) 
require that equipment and products be tested and certified to help 
ensure their safe use in the workplace. To implement these 
requirements, OSHA established the NRTL Program and the Agency 
generally requires NRTLs to perform this testing and certification.
    The NRTL Program regulation, 29 CFR 1910.7, requires that, to 
obtain and retain OSHA recognition as an NRTL, an organization must: 
(1) Have the appropriate capability to test, evaluate, and approve 
products to assure their safe use in the workplace; (2) be completely 
independent of employers subject to the tested equipment requirements 
and manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures (29 CFR 1910.7(b)). OSHA requires 
organizations applying for NRTL recognition to provide, in their 
applications, detailed and comprehensive information about their 
programs, processes, and procedures, in writing. When an organization 
makes an initial application to be recognized as an NRTL, OSHA reviews 
the written information contained in the organization's application and 
conducts an on-site assessment to determine whether the organization 
meets the requirements of 29 CFR 1910.7. OSHA uses a similar process 
when an NRTL applies for expansion or renewal of its recognition, 
although the type and amount of information in some areas can differ 
significantly from those of initial applications. In addition, the 
Agency conducts annual assessments \1\ of NRTLs to ensure that the 
recognized laboratories adequately maintain their programs and continue 
to meet the recognition requirements.
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    \1\ OSHA uses the term ``assessments'' to mean those activities 
described by the term ``audits'' under 29 CFR 1910.7(f). OSHA uses 
the term ``assessments,'' rather than ``audits'' because it better 
reflects the overall purpose of the program's activities, i.e., 
conformity assessments.
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    To support these core functions, OSHA also performs a number of 
ancillary activities. For example, OSHA: Investigates complaints filed 
against NRTLs to ensure that the laboratories are performing their 
testing and certification functions adequately; represents the NRTL 
Program in a variety of forums related to conformity assessment 
products used in the workplace; and maintains a detailed Web site that 
both explains the program and, more importantly for the NRTLs, lists 
all the laboratories currently recognized under the NRTL Program, the 
products each laboratory can test, and registered certification marks 
used by each laboratory.

III. Proposed Revision of Existing Application Acceptance and Review 
Procedures

    OSHA currently has a number of initiatives underway to improve the 
operations of the NRTL Program. This section of the notice discusses 
one such initiative, under which OSHA proposes new streamlined 
procedures for accepting and reviewing applications of organizations 
seeking to obtain, renew, or expand NRTL recognition. OSHA would follow 
these new procedures in lieu of those contained in the Agency's 
existing NRTL Program Directive (CPL 1-0.3, NRTL Program Policies, 
Procedures, and Guidelines, December 2, 1999) (``Directive'' or ``NRTL 
Program Directive'') and the additional practices OSHA has routinely 
followed in accepting applications.
    OSHA proposes the adoption of the new streamlined procedures to 
eliminate delays caused by multiple revisions by an applicant during 
the application-acceptance and -review process. In addition, OSHA seeks 
to simplify the application process to make it clearer when the 
application acceptance process ends and the substantive application 
review process begins. This streamlined application process would also 
reduce NRTL Program fees, as OSHA will discuss later in this notice.
    The existing procedures for application acceptance and review are 
contained in both Appendix A to the NRTL Program regulations 
(``Appendix A'') and the NRTL Program Directive. OSHA does not propose, 
in this notice, to revise Appendix A; instead, as stated, OSHA proposes 
to follow new streamlined procedures in lieu of the existing procedures 
in the Directive. The new streamlined procedures would be consistent 
with, and would clarify, the procedures contained in Appendix A.

A. Existing Procedures in Appendix A That Are Not Subject to Revision 
in This Notice

    Per Appendix A, the burden is generally ``on the applicant to 
establish by a preponderance of the evidence that it is entitled to 
recognition as an NRTL'' (App. A. Introduction). Thus, in its 
application, an applicant must ``provide sufficient information and 
detail demonstrating that it meets the requirements set forth in Sec.  
1910.7, in order for an informed decision concerning recognition to be 
made'' by the Assistant Secretary for Occupational Safety and Health 
(``Assistant Secretary''), and must also ``identify the scope of the 
NRTL-related activity for which the applicant wishes to be recognized'' 
(i.e., the test standards the applicant will use for testing products) 
(App. A.I.A.2.b). To meet its burden, the applicant may include any 
documentation (i.e., enclosures, attachments, or exhibits) it deems 
appropriate (App. A.I.A.2.c).
    Also under Appendix A, ``[a]pplications submitted by eligible 
testing agencies will be accepted by OSHA, and their receipt 
acknowledged in writing'' (App. A.I.B.1.a). Moreover, ``[a]fter receipt 
of an application, OSHA may request additional information if it 
believes information relevant to the requirements for recognition has 
been omitted'' (Id.). In addition, ``OSHA shall, as necessary, conduct 
an on-site review of the testing facilities of the

[[Page 57224]]

applicant, as well as the applicant's administrative and technical 
practices, and, if necessary, review any additional documentation 
underlying the application'' (App. A.I.B.1.b).
    Appendix A provides the responsible OSHA staff with two options 
following review of the application, and any additional information and 
on-site review report. On the one hand, if ``the applicant appears to 
have met the requirements for recognition,'' responsible OSHA staff 
must make a ``positive finding'' to the Assistant Secretary, which 
consists of ``a written recommendation . . . that the application be 
approved, accompanied by a supporting explanation'' (App. A.I.B.2). 
Once this recommendation is made, OSHA follows the procedures in the 
Appendix for making preliminary and final findings on the application 
(App. A.I.B.4, A.I.B.5, A.I.B.6).
    On the other hand, if ``the applicant does not appear to have met 
the requirements for recognition,'' responsible OSHA staff must make a 
``negative finding'' to the ``applicant in writing, listing the 
specific requirements of Sec.  1910.7 and [Appendix A] which the 
applicant has not met, and allow[ing] a reasonable period for 
response'' (App. A.I.B.3.a). After the applicant receives ``a 
notification of negative finding (i.e., for intended disapproval of the 
application), and within the response period provided,'' the applicant 
may either (1) ``[s]ubmit a revised application for further review, 
which could result in a positive finding'' (the procedures for which 
are explained in the previous paragraph), or (2) ``[r]equest that the 
original application be submitted to the Assistant Secretary with an 
attached statement of reasons, supplied by the applicant of why the 
application should be approved'' (App. A.I.B.3.b.i). In either case 
(i.e., if a positive finding is made on a revised application or if the 
applicant requests that the original application be submitted to the 
Assistant Secretary), OSHA would follow the procedures in the Appendix 
for making preliminary and final findings on the application (App. 
A.I.B.4, A.I.B.5, A.I.B.6). The ``procedure for applicant notification 
and potential revision shall be used only once during each recognition 
process'' (App. A.I.B.3.b.ii).

B. OSHA Proposes That It Will No Longer Follow Existing NRTL Program 
Directive Procedures for Accepting and Reviewing Applications

    Existing policies contained in the NRTL Program Directive expand on 
the application procedures contained in Appendix A, as follows. Per the 
Directive, OSHA staff ``formally accept or reject the application'' 
based on a review of the application for ``completeness and for 
adequacy'' (Directive Ch.2.V.B, Ch. 3.II.B.1). The procedures for this 
review are contained in Appendix D to the Directive (Directive Ch. 
3.II.B.1). An application is considered complete ``if it contains all 
necessary documents, and sufficient information for all relevant 
items,'' and is considered adequate ``if the information submitted 
sufficiently demonstrates that the requirements for recognition can be 
met, and where relevant, if at least one test standard requested can be 
approved'' (Directive App. D) (emphasis in original).
    In reviewing the application, OSHA staff will return and ``take[] 
no further action'' on an application ``[i]f [the] application is 
frivolous or grossly incomplete or inadequate.'' In such circumstances, 
``any future application from the applicant'' will be processed ``as a 
new application'' (Directive Ch. 3.II.A).
    If the application is not ``frivolous or grossly incomplete or 
inadequate,'' OSHA staff discusses its review with the applicant, 
``noting any deficiencies found or clarifications needed'' (Directive 
Ch. 3.II.B.2). If the ``application is determined to be complete and 
adequate,'' OSHA ``sends a letter to the applicant to accept the 
application'' (Directive Ch. 3.II.C).
    If the application is determined to be incomplete or inadequate, 
the Directive provides two opportunities for applicants to correct 
deficiencies before rejection of an application (Directive Ch. 3.II.C). 
In practice, however, OSHA has given applicants three such 
opportunities. Per the Directive, OSHA ``sends a letter to the 
applicant, detailing the deficiencies and the additional information 
needed and requesting a response by an appropriate deadline,'' and if 
``the response does not adequately resolve the deficiencies,'' OSHA 
``provides the applicant a [second] opportunity to respond within a 
given period.'' (Directive Ch. 3.II.C.) If deficiencies remain after 
the second opportunity, OSHA, in practice, gives applicants a third, 
but relatively limited, opportunity to make corrections before the 
effective date of the rejection. This limited duration is sufficient 
for applicants to correct deficiencies if only a few critical 
deficiencies remain.
    If an applicant's timely response cures the deficiencies in its 
application, OSHA ``sends an acceptance letter to the applicant'' 
(Directive Ch. 3.II.C). However, ``[i]f the applicant does not respond 
adequately or fails to reply by any deadline(s) provided or an approved 
extension of these deadline(s),'' OSHA ``sends a letter notifying the 
applicant that the application is not accepted and the Case File is 
closed'' (Directive Ch. 3.II.C.2).
    Finally, the Directive provides that, after an application is 
accepted, ``the assigned staff determines whether an on-site review is 
necessary'' (Directive Ch.3.II.D). However, the Directive also provides 
for non-acceptance during the on-site review process, if an applicant 
fails to respond adequately to the findings of an on-site review 
(Directive Ch.4.IV.C).
    Under OSHA's proposal, it would no longer follow the existing 
procedures, described above, to afford applicants three opportunities 
to modify their applications before acceptance or non-acceptance. This 
existing procedure is inefficient and causes delays because, in some 
cases, these multiple opportunities cause the process to take years. 
OSHA would also not follow its existing procedure for accepting an 
application only when it is found to be complete and adequate. This 
existing procedure has caused confusion as to when the application 
acceptance process ends and the substantive application review process 
begins.

C. OSHA Proposes new Streamlined Procedures for Accepting and Reviewing 
Applications

    In lieu of the existing NRTL Program Directive procedures, 
described above, OSHA proposes to follow streamlined procedures for 
accepting and reviewing applications. These streamlined procedures 
would reduce delays, fees, and confusion associated with application 
processing. Under these streamlined procedures, OSHA would review an 
application for completeness, but not adequacy, in deciding whether to 
accept the application. OSHA's review for adequacy, and any on-site 
review, would occur only after OSHA accepted the application. 
Furthermore, OSHA would permit the applicant one opportunity only, 
rather than three, to resolve deficiencies in the completeness of its 
application before deciding whether to accept it. OSHA describes these 
proposed streamlined procedures in more detail, below.
1. Initial Review and Acceptance
    When it receives an application, OSHA would acknowledge its 
receipt, establish (for initial applications) or update (for expansion 
and renewal applications) the docket for the organization, and upload 
the

[[Page 57225]]

application materials to the docket.\2\ OSHA would perform an 
administrative review of the application to determine whether it is 
complete (i.e., has sufficient information to determine whether the 
applicant meets the requirements for recognition). If not complete, 
OSHA would notify the applicant, in writing, that it has 30 days from 
the date of the notice to provide the missing or additional 
information. OSHA would also inform the applicant, in the notice, that 
it is unable to review the merits of the application because the 
application itself does not contain sufficient information to show that 
the requirements for recognition can be met. Finally, OSHA would inform 
the applicant, in the notice, that this review involved no technical 
determination, only an administrative one of whether the application 
has all of the necessary documentation. If the applicant does not 
respond by the 30-day deadline, or does not adequately respond, and the 
application remains incomplete, OSHA would inform the applicant that 
OSHA cannot accept the application, and the applicant must reapply. If 
the applicant provides a complete application within the 30 days, or 
provided a complete application when it was first received, OSHA would 
accept the application.
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    \2\ As currently used by OSHA, the term ``docket'' means an 
electronic file folder containing documents that pertain to an 
official action taken by the Agency. OSHA generally makes these 
documents available to the public.
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2. Determination of Adequacy
    After accepting the application, OSHA would review the merits of 
the application to determine whether the application is adequate. OSHA 
would first conduct a technical review of the application (i.e., a 
detailed review of all of the application's administrative and 
technical procedures and content). Following this technical review, 
OSHA would determine whether to conduct an on-site assessment as part 
of evaluating the management system and technical capabilities of the 
organization. OSHA would generally conduct an on-site review for 
initial applications and for expansion applications that involve new 
areas of testing for the NRTL or areas of concern to OSHA. If OSHA 
finds deficiencies during the technical review or during the on-site 
assessment, OSHA would provide the applicant with an explanation of 
deficiencies and needed corrections, and a 90-day opportunity to 
respond. Failure to respond by the 90-day deadline would constitute a 
withdrawal of the application, and OSHA would take no further action on 
it. If the applicant or NRTL responds, it would need to demonstrate it 
corrected all deficiencies found in its application and/or during the 
assessment, and provide evidence to OSHA that the corrections have been 
implemented into the applicant's or NRTL's management systems. In that 
case, OSHA would conclude the application is adequate. On the other 
hand, if OSHA finds that deficiencies remain, OSHA would conclude the 
application is not adequate.
    If OSHA staff determines an application is adequate, OSHA would 
follow existing procedures, and recommend a positive finding, per 
Appendix A.I.B.2. Otherwise, OSHA staff would notify the applicant in 
writing that they intend to recommend a negative finding. In that case, 
the applicant has two options under Appendix A.I.B.3. First, the 
applicant has one additional chance to revise its application within 30 
days of receipt of OSHA's written notice. Second, the applicant may 
request that its original application (as supplemented in response 
during the review for adequacy) be submitted to the Assistant Secretary 
(also within 30 days of receipt of OSHA's written notice). In this 
case, the applicant must attach a statement of reasons to the 
application explaining why the application should be approved. OSHA 
would consider the failure to submit a revised application or a request 
that the original application be submitted to the Assistant Secretary 
within the 30-day deadline to be a withdrawal of the application.
    If the applicant opts to revise its application, OSHA would invoice 
the applicant for the fee to review its revised submission. This fee 
would equal the estimated hours for the review multiplied by the hourly 
rate for the applicable Miscellaneous Fee in the NRTL Program's fee 
schedule. Like other application fees, this review fee would not be 
refundable. The applicant would need to pay this fee before OSHA 
performs the review of the revised application. OSHA would consider a 
failure to pay the fee within 30 days of receipt of the invoice as a 
withdrawal of the application. When OSHA receives the fee, OSHA would 
review the revised application to determine whether to sustain the 
negative finding or change it to a positive one. If OSHA staff decides 
to sustain the recommendation for a negative finding, they would first 
afford the applicant the opportunity to withdraw the application. If 
the applicant does not withdraw it, OSHA would proceed with the 
preliminary finding.
    Once OSHA staff recommends a positive finding on either an original 
or revised application, sustains its recommendation for a negative 
finding after a review of a revised application, or the applicant 
requests that the original application be submitted to the Assistant 
Secretary, OSHA would follow the procedures in Appendix A for making 
preliminary and final findings on the application (App. A.I.B.4, 
A.I.B.5, A.I.B.6).

IV. Proposed Revision of the NRTL Program Fee Schedule

A. Background

    OSHA proposes to revise the existing NRTL Program fee schedule 
pursuant to the NRTL Program regulation, 29 CFR 1910.7(f). That 
regulation requires NRTLs and applicants to ``pay fees for services 
provided by OSHA in advance of the provision of those services'' (29 
CFR 1910.7(f)(1)). OSHA assesses fees for core service activities, that 
is, for ``[p]rocessing of applications for initial recognition, 
expansion of recognition, or renewal of recognition, including on-site 
reviews; review and evaluation of the applications; and preparation of 
reports, evaluations and Federal Register notices;'' and ``[a]udits of 
sites'' (Id.). OSHA's fee schedule ``reflects the full cost of 
performing the activities'' for these services (29 CFR 1910.7(f)(2)).
    OSHA calculates fees ``based on either the average or actual time 
required to perform the work necessary; the staff costs per hour (which 
include wages, fringe benefits, and expenses other than travel for 
personnel that perform or administer the activities covered by the 
fees); and the average or actual costs for travel when on-site reviews 
are involved'' (Id.). Thus, the formula for calculating a fee for an 
activity is the ``[Average (or Actual) Hours to Complete the Activity x 
Staff Costs per Hour] + Average (or Actual) Travel Costs'' (Id.).
    OSHA periodically reviews the full costs of performing core 
services and, if warranted, will propose a revised fee schedule in the 
Federal Register (29 CFR 1910.7(f)(3), (f)(4)). If OSHA approves the 
proposed fee schedule (after giving the public an opportunity to 
comment), it ``publish[es] the final fee schedule in the Federal 
Register, making the fee schedule effective on a specific date'' (29 
CFR 1910.7(f)(3), (f)(4)).
    To ensure that its fees for core services reflect the full cost of 
those services, OSHA's existing fee schedule (which OSHA adopted in 
2011) takes into account both the direct and indirect costs it incurs 
in performing those services (76 FR 10501-10504). Direct costs include 
staff costs (i.e. the applicable portion of the salaries and

[[Page 57226]]

fringe benefits of the applicable staff) incurred for application 
processing and assessment (Id.). Ancillary (or indirect) costs include 
staff costs incurred for the administration and support of the program, 
including legal support, budgeting, policy matters, intragency and 
international coordination, responses to requests for information 
related to the program, handling complaints, Web site development and 
maintenance, and participation in meetings with stakeholders and 
outside interest groups (Id.). OSHA refers to the sum of its direct 
costs and ancillary costs as the total program costs (TPC) for the 
purpose of this notice. TPC does not include travel expenses, which are 
assessed separately (29 CFR 1910.7(f)(2), 76 FR 10504 n.5).
    In the existing fee schedule, OSHA calculates the fee for each core 
service activity by multiplying an equivalent average cost per hour 
rate (ECR) by the time it takes to perform that activity: Fee for 
Activity = ECR x Time for Activity (76 FR 10504). In 2000, when OSHA 
began assessing fees for services, OSHA explained that it derived that 
fee schedule's ECR by dividing TPC by the total available annual work 
hours of the NRTL Program and legal staff that perform the services 
(TAW) (Id.). Accordingly, ECR2000 = TPC2000/TAW2000. The approach used 
in 2000 resulted in fees that recouped the costs only of the time spent 
actually performing individualized audits and application processing, 
which is only a portion of TAW, and did not recoup the costs of the 
time associated with running the program and providing other benefits 
shared among all NRTLs (Id.).
    To account for the costs associated with these shared benefits, 
OSHA adopted a new approach for calculating ECR (ECR2011) in the 
existing fee schedule (Id.). Under the new approach, OSHA divides the 
estimated total cost of the NRTL Program (TPC2011) by the total annual 
service hours (TAS2011) (Id.). This latter term equals the total 
estimated work hours that the NRTL Program staff spend on the core 
service activities for which OSHA would bill NRTLs; accordingly, 
ECR2011 = TPC2011/TAS2011 (Id.). By way of comparison with the 2000 fee 
schedule, TAS equals TAW minus estimated hours spent on ancillary 
activities (AH) and leave (LH) (i.e., TAS = TAW - AH - LH) (Id.). By 
continuing to include the full program costs in the numerator 
(TPC2011), but including in the denominator (TAS2011) only the amount 
of time spent on providing ``billable'' core services, OSHA believed 
the revised ECR would more accurately represent the total work hours 
spent on those core activities than the 2000 equation \3\ (Id.).
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    \3\ The existing fee schedule was supposed to have been phased 
in over a three-year phase-in period. (76 FR 10508). OSHA 
implemented the first phase on March 28, 2011. However, due to other 
priorities and factors, OSHA was unable to implement the second and 
third phases of the increase, as planned. The revised fee schedule 
OSHA proposes in the current notice would render moot the 
implementation of the second and third phases.
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B. Explanation of Proposed Revision of Fee Schedule

    OSHA has reviewed its existing fee schedule and, based on that 
review, proposes to revise its fee schedule. This proposed fee schedule 
would more accurately reflect the full cost of performing the 
activities for which OSHA charges fees.
    OSHA proposes the following:
    1. OSHA proposes a new grouping of fees for each of the core 
activities for which OSHA charges fees to NRTLs (i.e., ``[p]rocessing 
of applications for initial recognition, expansion of recognition, or 
renewal of recognition, including on-site reviews; review and 
evaluation of the applications; and preparation of reports, evaluations 
and Federal Register notices;'' and ``[a]udits of sites'' (29 CFR 
1910.7(f)(1)). Under the existing fee schedule, OSHA groups these 
activities under the terms Application Processing, Audits, and 
Miscellaneous (76 FR 10508). Under OSHA's proposed fee schedule, shown 
below in Table A, OSHA would group these activities under the terms: 
Administrative Evaluation, Technical Evaluation, Assessments, Federal 
Register Notices, and Miscellaneous (which includes late fees and other 
activities not specifically described). OSHA proposes these new 
groupings to align its fee schedule with the proposed streamlined 
procedures for accepting and reviewing applications, described above. 
OSHA also believes that the times it proposes estimating for completion 
of these activities (see Tables 2 thru 5, below) more accurately 
represent the actual time it takes to complete the core activities for 
which OSHA charges fees. Therefore, adoption of the proposed groupings 
would more accurately reflect the full cost of the services for which 
fees are assessed.
    2. OSHA proposes to revise the approach it uses to calculate ECR. 
Again, under the existing approach, OSHA calculates ECR by dividing TPC 
by the total estimated work hours that the NRTL Program staff and legal 
staff spend on the core service activities for which OSHA bills NRTLs 
(or TAS) (76 FR 10504).
    The existing approach depends, in large measure, on OSHA estimating 
an accurate TAS (i.e., number of ``billable'' core hours). If this 
estimate is accurate, the ECR (i.e., the hourly rate OSHA charges for 
services) will accurately reflect the full cost of services (because 
ECR = TPC/TAS). But OSHA's estimate has not been accurate in practice. 
Due in part to insufficient program staffing and other uncontrollable 
factors, the staff has been unable to work the number of estimated 
billable hours. This has resulted in an hourly rate charged by OSHA 
that results in fees that are far lower than the fees OSHA would be 
charging if its estimate had been accurate.
    OSHA could reassess TAS on a regular basis to achieve a more 
accurate estimate. However, due to the changing nature of the staff's 
workload, OSHA likely would need to make such calculation adjustments, 
and thus publish fee schedules, more than once within a given year to 
ensure an accurate estimate. OSHA likely could not make such 
adjustments in a timely manner, largely due to the length of the 
process for issuing fee schedules.
    OSHA proposes to simplify the existing calculation; for the purpose 
of the fees proposed in this notice, OSHA would assume that certain 
NRTL Program staff (which OSHA calls ``direct staff'' in this notice) 
work exclusively on core billable activities, and that other NRTL 
Program staff (which OSHA calls ``indirect staff'' in this notice) work 
exclusively on ancillary activities. Under the proposal, OSHA would 
calculate the ECR (ECR2015) by dividing TPC by total direct staff 
annual paid (i.e., compensable) hours, or simply, direct staff annual 
hours (DSH).
    Because of the difficulties of implementing the existing approach, 
OSHA believes the proposed change in approach (replacing TAS with DSH) 
would, on average and in practice, more accurately reflect the full 
cost of services for which OSHA charges fees than the existing 
approach. The accuracy of the DSH approach also does not depend on the 
variable workload of staff, and would therefore be simpler to implement 
than the existing approach.
    OSHA estimates for the proposal that four full-time NRTL Program 
staff members are direct staff and the other full-time NRTL Program 
staff member is indirect staff. OSHA believes the estimate of four 
full-time direct staff is reasonable because OSHA projects a 
significant increase in the number of applications the NRTL Program 
will process and audits the NRTL Program will perform (i.e., a 
significant increase

[[Page 57227]]

in the time NRTL Program staff will spend on core activities).
    For the purposes of the proposed fee calculation, DSH would equal 
8,352 hours. This is derived by multiplying 2,088, the regular annual 
paid hours for one full-time staff, by the number of full-time direct 
staff \4\ (again, currently four).
---------------------------------------------------------------------------

    \4\ This figure is the number of compensable hours in a fiscal 
year, which is used to determine full-time equivalents (FTE) (i.e., 
full-time staffing levels) for purposes of the Federal Budget. See 
Office and Management and Budget (OMB) Circular A-11, Preparation, 
Submission, and Execution of the Budget, Section 85--Estimating 
Employment Levels and the Employment Summary (Schedule Q), 2015 
(available at http://www.whitehouse.gov/sites/default/files/omb/assets/a11_current_year/s85.pdf).
---------------------------------------------------------------------------

    3. OSHA proposes to break out the fees for the legal review of 
Federal Register notices associated with initial, renewal, and 
expansion applications from the general fees it charges for preparation 
of these Federal Register notices by NRTL Program staff. Under the 
existing fee structure, OSHA charges one general fee that covers both 
preparation and legal review of a Final Report and Federal Register 
notice (76 FR 10505-10511).\5\
---------------------------------------------------------------------------

    \5\ Although OSHA did not state explicitly in the 2011 notice 
that the Final Report and Federal Register notice fee included legal 
review, the hours used for calculating this fee did in fact include 
the legal staff's time for this review.
---------------------------------------------------------------------------

    OSHA proposes this revision to more accurately reflect the portion 
of the fees attributed to legal review. Under the existing fee 
structure, OSHA charges a single hourly rate for core activities, 
regardless of whether the time charged is attorney time or NRTL Program 
staff time (76 FR 10505). Under the proposed fee structure, OSHA 
calculates a separate hourly rate for core activities performed by 
legal staff to reflect that certain ancillary costs, such as Web site 
development and maintenance, which are properly incorporated into the 
hourly rate for NRTL Program staff, should not be incorporated into the 
hourly rate for legal services. OSHA would continue to incorporate in 
the hourly rate for legal costs those indirect costs that tie directly 
into the salary of legal staff, such as fringe benefits. As a result of 
the proposed change, the hourly rate for legal fees, shown in Table 5, 
would be less than the rate for NRTL Program staff fees, shown in Table 
1.
    OSHA notes that the Department of Labor incurs legal costs in 
connection with the NRTL Program other than costs associated with the 
legal review of Federal Register notices associated with initial, 
renewal, and expansion applications. These other legal costs are 
included in the existing fee schedule (See 76 FR 10504 n.5), and would 
continue to be included in the proposed fee schedule, as elements in 
TPC, and therefore, as elements of the calculation of the hourly rate 
for NRTL Program staff.
    4. OSHA proposes to revise the manner it calculates the salaries of 
NRTL Program staff and Solicitor of Labor staff for the purpose of 
calculating TPC. For the existing fee schedule, OSHA calculates staff 
costs using actual staff salaries, which can vary, sometimes 
significantly, over time due to changes in personnel and positions. 
OSHA proposes to calculate salaries using midpoint salaries. These 
midpoint salaries are the Step 5 amounts shown for a particular grade 
(e.g., grade 13) in the Office of Personnel Management (OPM) General 
Schedule (GS) salary table for 2015, called the ``Salary Table 2015-
DCB,'' which pertains to federal workers who have duty stations located 
mostly in Washington, D.C, Maryland, and Virginia. (See Office of 
Personnel Management 2015 General Schedule (GS) Locality Pay Tables at 
www.opm.gov.) These midpoint salaries may differ from actual staff 
salaries, which depend on the actual grade and step for each staff. 
However, using these midpoint figures would simplify the calculation of 
the staff costs and provide a consistent fee that OSHA expects will 
reflect, on average, actual staff salaries over time. Because OPM 
adjusts its salary tables annually, OSHA would monitor the adjustments 
to determine if their magnitude requires modification of the fee 
schedule.
    Also, to include an amount for regular fringe benefits, OSHA would 
multiply the midpoint salaries by a fringe benefit rate. OSHA proposes 
to use a 29% rate, and bases this rate on the one the Agency uses to 
estimate fringe costs of other OSHA activities.
    5. OSHA proposes to revise the manner in which it calculates 
ancillary (or indirect) costs. Under the existing fee schedule, OSHA 
includes, in its calculation of ancillary (or indirect) costs, 
equipment, training, and space of the staff. Under the proposed fee 
schedule, OSHA would not include these items in its calculation of 
ancillary costs because NRTLs do not derive a special benefit from 
these cost items. For example, training costs for the program staff 
currently consist of general training available to all employees. OSHA 
would include such costs in future fee schedules if it determines that 
NRTLs do derive special benefits from the items. OSHA believes the 
proposed revision to the fee schedule would more accurately reflect the 
full costs of performing the activities for which OSHA charges fees.
    6. OSHA proposes to not charge fees for determining whether 
proposed test standards are appropriate test standards under the NRTL 
Program. OSHA charges such fees under the existing fee schedule. 
However, OSHA recently updated its process whereby it incorporates new 
test standards into the NRTL Program's list of appropriate test 
standards (the scope of an appropriate test standard must cover 
products for which OSHA requires NRTL approval and must meet the 
requirements of 29 CFR 1910.7(c)(1)). Under the updated policy, OSHA 
adds new test standards when it is made aware of new test standards and 
determines them appropriate (79 FR 17188). It is therefore no longer 
necessary to charge NRTLs specific fees in connection with the 
incorporation of standards into the list of appropriate test standards. 
OSHA notes, however, that the costs associated with the incorporation 
of test standards would be ancillary costs under the proposed fee 
schedule, and would therefore be an element in the calculation of the 
fees OSHA proposes to assess.

C. Basis and Derivation of Proposed Fee Amounts

    Table 1, below, shows the direct and indirect program costs (TPC), 
direct staff annual hours (DSH), and hourly rate OSHA proposes to use 
to calculate the revised fees.

          Table 1--NRTL Program Staff--Hourly Rate Calculation
------------------------------------------------------------------------
                     Description
------------------------------------------------------------------------
OSHA Direct Costs....................................           $579,383
OSHA Ancillary Costs.................................            287,541
                                                      ------------------
    OSHA Total Costs of NRTL Program, excluding                  866,924
     travel (TPC)....................................
OSHA Direct Staff Annual Hours (DSH).................              8,352

[[Page 57228]]

 
OSHA Hourly rate (TPC divided by DSH)................                104
------------------------------------------------------------------------

    Tables 2 to 5, below, describe the fees OSHA proposes to adopt in 
conjunction with the core services for which OSHA charges fees. OSHA 
would calculate each fee (with the exception of fees for legal review 
of Federal Register notices) by multiplying the NRTL Program staff 
hourly rate of $104 (see Table 1, above) by the time OSHA estimates it 
takes NRTL Program staff to perform the activity at issue, on average 
(i.e., fee for activity = NRTL Program staff hourly rate ($104) X 
estimated time for activity). OSHA would calculate the fees for legal 
review of Federal Register notices by multiplying the hourly rate for 
legal services of $89 (see Table 5, below) by the time OSHA estimates 
its takes legal staff to perform the activity at issue, on average 
(i.e., fee for activity = legal staff hourly rate ($89) X estimated 
time for activity). OSHA notes that it rounds the proposed fees down to 
the lower multiple of ten.
    OSHA's proposed (and existing) fee for travel related to 
assessments is based on actual travel expenses, and thus OSHA does not 
derive a fee to charge for travel.

          Table 2--Proposed Fees for Administrative Evaluation
------------------------------------------------------------------------
            Program component              Average hours        Fee
------------------------------------------------------------------------
Initial Application--Limited review (per              40          $4,160
 application)...........................
Expansion Application--Limited review                 24           2,490
 (per application)......................
Renewal request review..................              16           1,660
------------------------------------------------------------------------


             Table 3--Proposed Fees for Technical Evaluation
------------------------------------------------------------------------
            Program Component              Average Hours        Fee
------------------------------------------------------------------------
Initial Application--Management                       80          $8,320
 Procedures review (per application)....
Initial or Expansion Application--                    24           2,490
 Testing capability review (per
 standard)..............................
Initial or Expansion Application--Site                24           2,490
 capability review (per site)...........
------------------------------------------------------------------------


                 Table 4--Proposed Fees for Assessments
------------------------------------------------------------------------
            Program component              Average hours        Fee
------------------------------------------------------------------------
Assessment preparation and close out                  54          $5,610
 (per lead auditor).....................
Assessment preparation and close out                  32           3,320
 (per assistant auditor)................
Each day on-site or at office (per                     8             830
 auditor)...............................
------------------------------------------------------------------------


           Table 5. Proposed Fees for Federal Register Notices
------------------------------------------------------------------------
            Program component              Average hours        Fee
------------------------------------------------------------------------
Initial Application Federal Register                  20          $4,080
 notice preparation (per application)**.
Initial Application Federal Register                  16           1,420
 notice legal review (per application)..
Total for Initial Application Federal                 36           5,500
 Register notices.......................
Renewal or Expansion Application Federal              16           2,470
 Register notice preparation (per
 application) **........................
Renewal or Expansion Application Federal               8             710
 Register notice legal review (per
 application)...........................
Total for Renewal or Expansion                        24           3,180
 Application Federal Register notices...
------------------------------------------------------------------------

    Includes estimated Office of Federal Register (OFR) processing 
fees: $2,000 per initial application notice, or $810 per expansion and 
renewal notice, as applicable.\6\
---------------------------------------------------------------------------

    \6\ The OFR charges Federal agencies a per column rate for 
publishing Federal Register notices. See http://www.archives.gov/federal-register/write/conference/publishing-billing.pdf. OSHA 
derived an estimated average processing fee based on the number of 
columns in typical Federal Register notices published for the NRTL 
Program.
---------------------------------------------------------------------------

D. Proposed Fee Schedule and Description of Fees

    OSHA proposes the adjusted fee schedule shown below in Table A.

               Table A--Proposed NRTL Program Fee Schedule
------------------------------------------------------------------------
        Fee category              Fee activity              Fee *
------------------------------------------------------------------------
Administrative Evaluation...  Initial application-- $4,160.
                               Limited review.
                              Expansion             2,490.
                               application--Limite
                               d review.

[[Page 57229]]

 
                              Renewal request       1,660.
                               review.
Technical Evaluation........  Initial application-- 8,300.
                               Detailed management
                               procedures review.
                              Initial or Expansion  2,490.
                               application--Testin
                               g capability review
                               (per standard).
                              Initial or Expansion  2,490.
                               application--Site
                               capability review
                               (per site).
Assessment..................  Assessment            5,610.
                               preparation and
                               close out (per lead
                               auditor, per site).
                              Assessment            3,320.
                               preparation and
                               close out (per
                               assistant auditor,
                               per site).
                              Assessment--per day   830 plus travel
                               at office, on-site,   expenses.
                               or on travel (per
                               auditor, per site).
Federal Register Notices....  Federal Register      5,500.
                               notices--initial
                               application.
                              Federal Register      3,180.
                               notices--renewal or
                               expansion
                               application.
Miscellaneous...............  Late Fees...........  210.
                              Other activities or   104.
                               services not
                               specifically
                               described (per
                               hour).
------------------------------------------------------------------------
* All fees must be paid in advance of activity or service.

General Information Regarding the Fees
1. Explanation of Fees
     The Administrative Evaluation fee covers an administrative 
review of the application packet to ensure completeness. It also covers 
creating the docket and addition of the application to the docket. An 
applicant must submit this fee with the application.
     The Technical Evaluation fee covers a detailed examination 
of the application packet to determine the applicant's ability to meet 
the requirements of the requested recognition/expansion. An applicant 
must submit this fee with the application.
     On-site or office assessment fees are calculated based on 
estimated staff time and, if applicable, actual travel expenses. Travel 
expenses include expenses for hotel, air transportation, ground 
transportation, and per diem. The assessment preparation and close-out 
fees (per lead and assistant auditor, as applicable) include staff time 
to make travel arrangements and file travel reimbursement claims. At 
the conclusion of the assessment, actual travel expenses are calculated 
based on the government per diem and other travel rules. OSHA will bill 
or refund the difference between the prepaid and the actual travel 
amounts.
     The fees for ``Other activities or services not 
specifically described'' cover application- or assessment-related 
activities that are not specifically covered by the other fee 
categories. One example would be the technical review of a revised 
application that an applicant submits to OSHA in response to OSHA's 
negative finding on an applicant's original application.
2. Refunds
     If an application is withdrawn before OSHA commences the 
Technical Evaluation, or the application is rejected after OSHA 
completes the Administrative Evaluation, OSHA will refund the Technical 
Evaluation fee.
     If an application is withdrawn before OSHA commences 
travel to a site to perform an on-site assessment, the Agency will 
refund any prepaid assessment fees.
    3. Late Fees/Failure to Pay. If an invoice is not paid in full by 
the due date, the Late Payment fee will be assessed. If payment for an 
application is not received within 30 days of the invoice's original 
due date, the application will be rejected. If payment for an 
assessment is not received within 30 days of the invoice's original due 
date, OSHA will commence the process to revoke the NRTL's recognition 
(see 29 CFR 1910.7, App. A.II.E). OSHA notes that NRTLs or applicants 
may be subject to collection procedures under U.S. Federal law for 
unpaid fees.
    4. Changes to Fee Schedule. The effective date of this fee schedule 
is thirty days after the publication of the Assistant Secretary's final 
decision in the Federal Register. An NRTL or applicant pays fees 
according to the fee schedule in effect on the date the Agency receives 
an application or commences an on-site assessment.

E. Comparison of Current and Proposed Fees

    The following table shows the differences between the existing fee 
schedule and the proposed fee schedule shown in Table A, above.

                   Table 6--Differences Between Planned 2013 Fees and the Proposed Fee Amounts
----------------------------------------------------------------------------------------------------------------
                                                                Proposed activity or
   Current activity or category    Planned 2013 fee amount *          category            Proposed fee amount.
----------------------------------------------------------------------------------------------------------------
Initial application review.......  $17,750..................  Initial application--     $4,160.
                                                               Limited review.
                                                              Initial application--     8,300.
                                                               Detailed management
                                                               procedures review.
                                                              Initial or Expansion      2,490.
                                                               application--Site
                                                               capability review
                                                               (assuming one site--add
                                                               $2,490 for each
                                                               additional site).
                                                              Subtotal Initial........  14,950.
Expansion-application review (per  8,280....................  Expansion application--   2,490.
 additional site).                                             Limited review.
                                                              Initial or Expansion      2,490.
                                                               application--Site
                                                               capability review
                                                               (assuming one site--add
                                                               $2,490 for each
                                                               additional site).
                                                              Subtotal Expansion......  4,980.
Renewal or expansion (other)       300......................  Renewal request review..  1,660.
 application review.
                                                              Expansion application--   2,490.
                                                               Limited review.
Renewal information review fee...  2,370....................  None....................  0.

[[Page 57230]]

 
Additional review--initial         2,370....................  None....................  0.
 application (if the application
 requires substantial revision,
 submit one-half of initial-
 application review fee).
Additional review--renewal or      730......................  None....................  0.
 expansion application.
Limited review--initial            3,550....................  Initial application--     4,160.
 application.                                                  Limited review.
Assessment--initial application    4,440 plus travel          Assessment preparation    5,610.
 (per person, per site--first       expenses.                  and close out (per lead
 day).                                                         auditor, per site).
Assessment--renewal application    4,140 plus travel
 (per person, per site--first       expenses..
 day).
Assessment--expansion application  3,550 plus travel
 (additional site) (per person,     expenses..
 per site--first day).
Assessment--expansion application  2,960 plus travel
 (other) (per person, per site--    expenses..
 first day).
None.............................  NA.......................  Assessment preparation    3,320.
                                                               and close out (per
                                                               assistant auditor, per
                                                               site).
Assessment--each additional day    1,180 plus travel          Assessment--per day at    830 plus travel
 or each day on travel (per         expenses.                  office, on-site, or on    expenses.
 person, per site).                                            travel (per auditor,
                                                               per site).
Review and evaluation ($30 per     30 per standard OR 296     Initial or Expansion      2,490.
 standard if already recognized     per standard.              application--Testing
 for NRTLs and requires minimal                                capability review (per
 review; otherwise, $296 per                                   standard).
 standard).
Final report and Federal Register  19,520...................  Federal Register          5,500.
 notice--initial application.                                  notices--initial
                                                               application.
Final report and Federal Register  7,390....................  Federal Register          3,180.
 notice--renewal or expansion                                  notices--renewal or
 application (if OSHA performs on-                             expansion application.
 site assessment).
Final report and Federal Register  4,440....................
 notice--renewal or expansion
 application (if OSHA performs no
 on-site assessment).
On-site audit (per person, per     7,400 plus travel          Assessment preparation    5,610.
 site, first day)                   expenses.                  and close out (per lead
 nonconformances).                                             auditor, per site).
On-site audit (per person, per     7,400 plus travel          Assessment preparation    3,320.
 site, first day).                  expenses.                  and close out (per
                                                               assistant auditor, per
                                                               site).
On-site audit--each additional     1,180 plus travel          Assessment--per day at    830 plus travel
 day (on-site or on travel) (per    expenses.                  office, on-site, or on    Expenses.
 person, per site); or review of                               travel (per auditor,
 revised audit response--per on-                               per site).
 site or office audit.
Office audit (per person, per      1,180 or 2,370...........  Assessment preparation    5,610.
 site, per day) (lower fee                                     and close out (per lead
 applies if no nonconformances).                               auditor, per site).
Supplemental travel (per site--    1,000....................  None....................  0.
 for sites located outside the 48
 contiguous U.S. states or the
 District of Columbia).
Supplemental program review (per   590......................  None....................  0.
 program requested).
Invoice processing fee (per        300......................  Included in Assessment    0.
 application or audit).                                        preparation and close
                                                               out (per lead auditor,
                                                               per site).
Travel document processing (4      590......................  Included in Assessment    0.
 hours, per application or audit).                             preparation and close
                                                               out.
Late payment.....................  150......................  Late payment............  210.
Compensatory time for travel (per  56.40....................  Included in Assessment--  None.
 hour).                                                        per day at office, on
                                                               site, or on travel (per
                                                               auditor, per hour).
----------------------------------------------------------------------------------------------------------------
* These fee amounts represent fees that were to have been associated with phase 3 of the fee increase authorized
  by OSHA's February 2011 final rule pertaining to NRTL Program fees (see footnote 3, above).

    As the Table shows, the proposed fees for individual core service 
activities are often significantly less than the analogous existing 
fees for such services. These changes arise from the change in the way 
that OSHA is proposing to calculate the ECR (which excludes some 
previously included indirect costs but increases the number of direct 
staff hours) and streamlined review procedures (which decrease the 
amount of staff hours needed for some tasks in the process). OSHA 
nonetheless estimates that fees collected under the proposed fee 
schedule will, in toto, approximate the full costs of administering the 
NRTL Program because, as stated above, OSHA estimates a significant 
increase in the number of applications the NRTL Program will process 
and audits the NRTL Program will perform (i.e., a significant increase 
in the time NRTL Program staff will spend on core service activities).

V. Proposed Decision

    OSHA performed its periodic review of the fees it currently charges 
to NRTLs, as provided under 29 CFR 1910.7(f). Based on this review, 
OSHA preliminarily determined that the existing fee schedule warrants 
adjustment, as detailed in this notice. As a result, OSHA proposes to 
replace the existing fee schedule with the proposed fee schedule shown 
in Table A, above. OSHA also proposes to adopt new streamlined 
procedures for accepting and reviewing applications of organizations 
seeking to obtain, renew, or expand NRTL recognition, as described 
above.
    OSHA welcomes public comments on this notice. Comments should 
consist of

[[Page 57231]]

pertinent written documents and exhibits. Commenters needing more time 
to comment must submit a request in writing, stating the reasons for 
the request. Commenters must submit comments or requests for extensions 
by the due dates, and follow all instructions for submitting comments 
and requests for extensions, specified in the DATES and ADDRESSES 
sections of this notice. OSHA will limit any extension to 10 days 
unless the requester justifies a longer period. OSHA may deny a request 
for an extension if the request is not adequately justified.
    OSHA staff will review all timely-submitted comments to the docket 
and, after addressing the issues raised by timely-submitted comments, 
will recommend to the Assistant Secretary for Occupational Safety and 
Health whether to adopt the proposed NRTL Program fee schedule and new 
streamlined procedures for accepting and reviewing applications. The 
Agency will publish a final fee schedule in the Federal Register, as 
provided under 29 CFR 1910.7, as well as a final decision on whether to 
adopt the new streamlined procedures for accepting and reviewing 
applications. The final fee schedule would become effective 30 days 
after the date of publication of the schedule in the Federal Register, 
and the final streamlined procedures for accepting and reviewing 
applications would become effective on the date of publication of the 
procedures in the Federal Register.

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. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 16, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-24107 Filed 9-21-15; 8:45 am]
BILLING CODE 4510-26-P