[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Notices]
[Pages 58694-58696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23030]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]


Bay Area Compliance Laboratories Corp.: Application for Expansion 
of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Bay Area 
Compliance Laboratories Corp., for expansion of recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before November 8, 2021.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal

[[Page 58695]]

eRulemaking Portal. Follow the online instructions for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    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-2016-0022, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries, (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office's normal business hours, 10:00 a.m. 
to 3:00 p.m., ET. 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 rulemaking record by express delivery, hand 
delivery, and messenger service.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2016-0022). 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.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. 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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before November 8, 2021 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, 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. Notice of the Application for Expansion

    OSHA is providing notice that Bay Area Compliance Laboratories 
Corp. (BACL) is applying for expansion of recognition as a NRTL. BACL 
requests the addition of seven test standards to the NRTL scope of 
recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified in 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within the 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The agency processes applications by a NRTL for initial recognition 
and for an expansion or renewal of this recognition, following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides a preliminary finding. In the second notice, 
the agency provides the final decision on the application. These 
notices set forth the NRTL's scope of recognition or modifications of 
that scope. OSHA maintains an informational web page for each NRTL, 
including BACL, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    BACL currently has one facility (site) recognized by OSHA for 
product testing and certification, with headquarters located at: Bay 
Area Compliance Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, 
California 94089. A complete list of BACL's scope of recognition is 
available at https://www.osha.gov/dts/otpca/nrtl/bacl.html.

II. General Background on the Application

    BACL submitted an application, dated July 20, 2017 (OSHA-2016-0022-
0009), to expand recognition to include seven additional test 
standards. OSHA staff performed a detailed analysis of the application 
packet and reviewed other pertinent information. OSHA did not perform 
any on-site reviews in relation to this application.
    Table 1 lists the appropriate test standards found in BACL's 
application to expand for testing and certification of products under 
the NRTL Program.

   Table 1--Proposed List Appropriate Test Standards for Inclusion in
                    BACL's NRTL Scope of Recognition
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           Test standard                     Test standard title
------------------------------------------------------------------------
UL 153............................  Portable Electric Luminaires.
UL 935............................  Standard for Fluorescent-Lamp
                                     Ballasts.
UL 1310...........................  Standard for Class 2 Power Units.
UL 1598...........................  Luminaires.
UL 1598C..........................  Standard for Light Emitting Diode
                                     (LED) Retrofit Luminaire Conversion
                                     Kits.
UL 1993...........................  Self-Ballasted Lamps and Lamp
                                     Adapters.
UL 8750...........................  Standard for Light Emitting Diode
                                     (LED) Equipment for Use in Lighting
                                     Products.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    BACL submitted an acceptable application for expansion of the scope 
of recognition. OSHA's review of the application file and pertinent 
documentation indicates BACL can meet the requirements prescribed by 29 
CFR 1910.7 for expanding recognition to include the addition of these 
seven test standards for NRTL testing and certification in Table 1. 
This preliminary finding does not constitute an interim or temporary 
approval of BACL's application.
    OSHA welcomes public comment as to whether BACL meets the 
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.

[[Page 58696]]

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 the request 
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, Occupational Safety and Health 
Administration, U.S. Department of Labor. These materials also are 
available online at http://www.regulations.gov under Docket No. OSHA-
2016-0022.
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
the agency will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health whether to grant BACL's application for 
expansion of the scope of recognition. The Assistant Secretary will 
make the final decision on granting the application. In making this 
decision, the Assistant Secretary may undertake other proceedings 
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the 
Federal Register.

IV. Authority and Signature

    James S. Frederick, Acting 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.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-23030 Filed 10-21-21; 8:45 am]
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