[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8042-8044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02209]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0013]


SolarPTL, LLC.: Request for Renewal 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 SolarPTL, 
LLC. (PTL), requesting renewal of recognition as a Nationally 
Recognized Testing Laboratory (NRTL).

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 18, 2021.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at: http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0013, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210; 
telephone (202) 693-2350. OSHA's TTY number is (877)

[[Page 8043]]

889-5627. Please note: While OSHA's docket office is continuing to 
accept and process submissions by regular mail, due to the COVID-19 
pandemic, the Docket Office is closed to the public and not able to 
receive submissions to the record by express delivery, hand delivery 
and messenger service.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2010-0013). All comments, including any personal 
information you provide, such as social security numbers and date of 
birth, are placed in the public docket without change, and may be made 
available online at https://www.regulations.gov.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov. All documents in the docket 
(including this Federal Register notice) are listed in the https://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. You may also contact 
Kevin Robinson, Director Office of Technical Programs and Coordination 
Activities (OTPCA) at the below address.

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, 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, phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    OSHA recognition of a NRTL signifies that the organization meets 
the requirements in Section 1910.7 of Title 29, Code of Federal 
Regulations (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 and is 
not a delegation or grant of government authority. As a result of 
recognition, employers may use products properly approved by the NRTL 
to meet OSHA standards that require testing and certification. OSHA 
maintains an informational web page for each NRTL that details the 
scope of recognition available at https://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications by a NRTL for renewal 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, Appendix 
A, paragraph II.C. In accordance with these procedures, NRTLs submit a 
renewal request to OSHA, not less than nine months or no more than one 
year, before the expiration date of the current recognition. The 
submission includes a request for renewal and any additional 
information the NRTL wishes to submit to demonstrate continued 
compliance with the terms of the NRTL recognition and 29 CFR 1910.7. If 
OSHA has not conducted an on-site assessment of the NRTL's headquarters 
and key sites within the past 18 to 24 months, it 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 the preliminary decision to grant or deny renewal in the 
Federal Register and solicit comments from the public. OSHA then 
publishes a final Federal Register notice responding to any comments 
and renewing the NRTL's recognition for a period of five years, or 
denying the renewal of recognition.
    The current address of the PTL facility recognized by OSHA and 
included as part of the renewal request is: SolarPTL, 1107 West 
Fairmont Avenue, Tempe, Arizona 85252.
    PTL initially received OSHA recognition as a NRTL in a Federal 
Register notice (76 FR 16452, March 23, 2011). PTL was previously 
recognized by OSHA as TUV Rheinland PTL, whose name was changed 
following a sale to SolarPTL in October 2018. PTL submitted a timely 
request for renewal, dated April 2, 2015 (OSHA-2010-0013), and retains 
their recognition pending OSHA's final decision in this renewal 
process. OSHA assessments of PTL during this recognition period 
(February 18-22, 2016; November 14-15, 2017; and January 30-31, 2019) 
identified nonconformities with 29 CFR 1910.7. Although PTL worked to 
resolve these nonconformities, it took several years for PTL to 
demonstrate compliance with 29 CFR 1910.7.
    As a result of the nonconformities identified during OSHA's 
assessments of PTL during this recognition period, PTL must abide by 
the conditions noted below in addition to those conditions already 
required by 29 CFR 1910.7:
    1. PTL must inform OSHA as soon as possible, in writing, of any 
change of
    ownership, facilities, or key personnel, and of any major change in 
their operations as a NRTL, and provide details of the change(s);
    2. PTL must agree to increased OSHA oversight of their operations 
including:
    (a) More frequent on-site assessments of PTL facilities; and
    (b) PTL shall continue to provide OSHA with written notification of 
any new or revised NRTL certificates that are issued on or after 
December 14, 2017, within 7 days of issuing the certification. This 
notification shall include:
    (a) Name and address of the applicant;
    (b) Model number(s) for the certified products;
    (c) PTL Certification number;
    (d) PTL Project number;
    (e) Name of PTL staff involved with the project; and
    (f) Location where the product evaluation and testing took place.
    3. Upon request, PTL must provide copies of the test data, 
certification report or other related information for new or revised 
certifications to OSHA.

II. Notice of Preliminary Findings

    OSHA is providing notice that PTL is applying for renewal of 
recognition as a NRTL. This renewal covers PTL's existing NRTL scope of 
recognition. OSHA evaluated PTL's application for renewal and 
preliminarily determined that PTL can continue to meet the requirements 
prescribed by 29 CFR 1910.7 for recognition. This information includes 
OSHA's audits of PTL's recognized NRTL site during this recognition 
period, and the satisfactory resolution of nonconformities with the 
requirements of 29 CFR 1910.7. This preliminary finding does not 
constitute an interim or temporary approval of the request.
    OSHA welcomes public comment as to whether PTL meets the 
requirements of 29 CFR 1910.7 for renewal of their 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. OSHA must receive the 
written request for an extension by the due date for comments. OSHA 
will limit any extension to 30 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 publicly 
available information in PTL's application and

[[Page 8044]]

other pertinent documents (including exhibits), as well as all 
submitted comments, contact the Docket Office, at the above address; 
these materials also are available online at https://www.regulations.gov under Docket No. OSHA-2010-0013.
    The NRTL Program staff will review all comments to the docket 
submitted in a timely manner and, after addressing the issues raised by 
these comments, will make a recommendation to the Assistant Secretary 
on whether to grant PTL's application for renewal. 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.

III. Authority and Signature

    Amanda L. Edens, Deputy 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. 8-2020 (85 FR 58393, Sept. 18, 2020), 
and 29 CFR 1910.7.

    Signed at Washington, DC, on January 28, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-02209 Filed 2-2-21; 8:45 am]
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