[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74144-74146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30168]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]


QPS Evaluation Services, Inc.: Request for Renewal of Recognition 
and Applications for Expansion of Recognition

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces the application of QPS 
Evaluation Services, Inc. (QPS), for renewal of recognition as a 
Nationally Recognized Testing Laboratory (NRTL). Additionally, this 
notice announces QPS's applications for expansion of its recognition as 
an 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 14, 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-2010-0046, 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

[[Page 74145]]

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-2010-0046). 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.
    5. 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.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before December 14, 2015 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: Information regarding this notice is 
available from the following sources:
    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. Background

    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in Section 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within its 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
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. OSHA maintains an informational Web site for each NRTL 
that details its scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    The Agency processes applications by an NRTL for renewals and 
expansions of recognition following requirements in Appendix A to 29 
CFR 1910.7. OSHA conducts renewals in accordance with the procedures in 
29 CFR 1910.7, App. II.C. OSHA processes applications for modifying the 
scope of recognition in accordance with 29 CFR 1910.7, App. IB4. In 
accordance with these procedures, NRTLs may submit an application to 
modify its scope of recognition at any time within its recognition 
period. For renewals, NRTLs must submit a request to OSHA, between nine 
months and one year before the expiration date of its current 
recognition. A renewal request includes an application for renewal and 
any additional information demonstrating its continued compliance with 
the terms of its recognition and 29 CFR 1910.7. If OSHA did not conduct 
an on-site assessment of the NRTL's headquarters and key sites within 
the past 18 to 24 months, the Agency will schedule the necessary on-
site assessments prior to the expiration date of the NRTL's 
recognition. Upon review of the submitted material and, as necessary, 
the successful completion of the on-site assessment, OSHA announces its 
preliminary decision to grant or deny renewal and QPS's requested scope 
expansion in the Federal Register and solicits comments from the 
public. OSHA then publishes a final Federal Register notice responding 
to any comments and announcing the Agency's Final Decision on modifying 
an NRTL's scope of recognition and on the renewal of the NRTL's 
recognition.

II. Notice of Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that QPS is applying for expansion of its current recognition as 
an NRTL. QPS requests the addition of seven test standards to its NRTL 
scope of recognition.
    QPS currently has one facility (site) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
QPS Evaluation Services, Inc., 81 Kelfield Street, Unit 8, Toronto, 
Ontario, M9W 5A3.

III. General Background on the Application for Expansion

    QPS submitted two applications, one dated July 16, 2014, and one 
dated June 9, 2015 (QPS Exhibit 14-1--Expansion Application for Six 
Standards OSHA-2010-0046 and QPS Exhibit 15-1--Amended Expansion 
Application to Add an Additional Standard OSHA-2010-0046), to expand 
its recognition to include seven additional test standards. These two 
applications were combined. OSHA staff performed a comparability 
analysis and reviewed other pertinent information. OSHA performed an 
on-site review in relation to these applications (as well as the 
application for renewal) on July 16-17, 2015.
    Table 1 below lists the appropriate test standards found in QPS's 
applications for expansion for testing and certification of products 
under the NRTL Program.

Table 1--Proposed Appropriate Test Standards for Inclusion in QPS's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 48.............................  Standard for Electric Signs.
UL 8750...........................  Standard for Light Emitting Diode
                                     (LED) Equipment for Use in Lighting
                                     Products.
UL 73.............................  Standard for Motor-Operated
                                     Appliances.

[[Page 74146]]

 
UL 1310...........................  Standard for Class 2 Power Units.
UL 1598...........................  Luminaries.
UL 1741...........................  Standard for Inverters, Converters,
                                     Controllers and Interconnection
                                     System Equipment for Use with
                                     Distributed Energy Resources.
ANSI/ISA 12.12.01.................  Nonincendive Electrical Equipment
                                     for Use in Class I and II, Division
                                     2 and Class III, Divisions 1 and 2
                                     Hazardous (Classified) Locations.
------------------------------------------------------------------------

IV. General Background on Application for Renewal

    OSHA is additionally providing notice that QPS is applying for 
renewal of its current recognition as an NRTL. QPS initially received 
OSHA recognition as an NRTL on March 2, 2011 (76 FR 11518) for a five-
year period expiring on March 2, 2016. QPS submitted a timely request 
for renewal, dated April 21, 2015 (Exhibit 2--Renewal Application, 
OSHA-2010-0046) and retains its recognition pending OSHA's final 
decision in this renewal process. The current address of QPS facilities 
recognized by OSHA and included as part of the renewal request are:
    1. QPS Evaluation Services, Inc., 81 Kelfield Street,Unit 8, 
Toronto, Ontario, M9W 5A3 Canada.

V. Notice of Preliminary Findings of the Applications

    QPS submitted acceptable applications for expansion of its scope of 
recognition. OSHA's review of the application file and on-site review 
indicate that QPS can meet the requirements prescribed by 29 CFR 1910.7 
for expanding its recognition to include the addition of the test 
standards for NRTL testing and certification noted in Table 1 above. 
This preliminary finding does not constitute an interim or temporary 
approval of QPS's applications.
    This requested renewal covers QPS's existing NRTL scope of 
recognition. OSHA evaluated QPS's application for renewal, conducted an 
on-site review of QPS's facilities and preliminarily determined that 
QPS can continue to meet the requirements prescribed by 20 CFR 1910.7 
for recognition. This information includes OSHA's most recent on-site 
assessment of QPS's facilities conducted on July 16-17, 2015 (Toronto, 
Canada). The assessors found some nonconformances with the requirements 
of 29 CFR 1910.7. QPS addressed these issues sufficiently to meet the 
applicable NRTL requirements. This preliminary finding does not 
constitute an interim or temporary approval of the application.
    OSHA welcomes public comment as to whether QPS meets the 
requirements of 29 CFR 1910.7 for expansion and renewal of its 
recognition as an 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. 
Commenters must submit the written request for an extension by the due 
date for comments. OSHA will limit any extension to 10 days unless the 
requester justifies a longer period. OSHA may deny a request for an 
extension if it is not adequately justified. To obtain or review copies 
of the exhibits identified in this notice, as well as comments 
submitted to the docket, contact the Docket Office, Room N-2625, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, at the above address. These materials also are available online 
at http://www.regulations.gov under Docket No. OSHA-2010-0046.
    OSHA staff will review all comments submitted to the docket in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend whether to grant QPS's application for renewal 
and for expansion of its scope of recognition. The Assistant Secretary 
will make the final decision on granting the application and, in making 
this decision, may undertake other proceedings prescribed in Appendix A 
to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision 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 November 23, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-30168 Filed 11-25-15; 8:45 am]
 BILLING CODE 4510-26-P