[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,

[[Page 95651]]

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 ([email protected]) or 
Todd Owen ([email protected]), 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

[[Page 95652]]

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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