[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71287-71288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27120]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]


QPS Evaluation Services, Inc.: Grant of Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for QPS Evaluation Services, Inc. as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
December 15, 2021.

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 Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of QPS Evaluation Services, Inc. (QPS) as a NRTL. QPS's 
expansion covers the addition of eleven 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 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 of the products.
    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 QPS, 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.
    QPS submitted an application, dated January 30, 2020 (OSHA-2010-
0046-0015) to add eleven additional test standards to QPS's NRTL 
recognition. 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.
    OSHA published the preliminary notice announcing QPS's expansion 
application in the Federal Register on August 16, 2021 (86 FR 45759). 
The agency requested comments by August 31, 2021, but it received no 
comments in response to this notice. OSHA is now proceeding with this 
final notice to grant expansion of QPS's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
QPS's application, go to http://www.regulations.gov or contact the 
Docket Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions. Docket No. OSHA-2010-0046 contains all 
materials in the record concerning QPS's recognition.

II. Final Decision and Order

    OSHA staff examined QPS's expansion application, its capability to 
meet the requirements of the test standard, and other pertinent 
information. Based on its review of this evidence, OSHA finds that QPS 
meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the limitations and conditions listed in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
this expansion to QPS's scope of recognition. OSHA limits the expansion 
of QPS's recognition to testing and certification of products for 
demonstration of conformance to the test standards listed below in 
Table 1.

[[Page 71288]]



 Table 1--List of Appropriate Test Standards for Inclusion in QPS's NRTL
                          Scope of Recognition
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      Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-0...............  Explosive Atmospheres--Part 0: Equipment--
                            General Requirements.
UL 60079-1...............  Explosive Atmospheres--Part 1: Equipment
                            Protection by Flameproof Enclosures ``d''.
UL 60079-2...............  Explosive Atmospheres--Part 2: Equipment
                            Protection by Pressurized Enclosure ``p''.
UL 60079-7...............  Explosive Atmospheres--Part 7: Equipment
                            Protection by Increased Safety ``e''.
UL 60079-11..............  Explosive Atmospheres--Part 11: Equipment
                            Protection by Intrinsic Safety ``i''.
UL 60079-15..............  Explosive Atmospheres--Part 15: Equipment
                            Protection by Type of Protection ``n''.
UL 60079-18..............  Explosive Atmospheres--Part 18: Equipment
                            Protection by Encapsulation ``m''.
UL 60079-25..............  Explosive Atmospheres--Part 25: Intrinsically
                            Safe Electrical Systems.
UL 60079-26..............  Explosive Atmospheres--Part 26: Equipment for
                            Use in Class I, Zone 0 Hazardous
                            (Classified) Locations.
UL 60079-28..............  Explosive Atmospheres--Part 28: Protection of
                            Equipment and Transmission Systems Using
                            Optical Radiation.
UL 60079-31..............  Explosive Atmospheres--Part 31: Equipment
                            Dust Ignition Protection by Enclosure ``t''.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standard listed above as an American National Standard. However, 
for convenience, OSHA may use the designation of the standards-
developing organization for the standard as opposed to the ANSI 
designation. Under the NRTL Program's policy (see OSHA Instruction CPL 
01-00-004, Chapter 2, Section VIII), only standards determined to be 
appropriate test standards may be approved for NRTL recognition. Any 
NRTL recognized for an appropriate test standard may use either the 
proprietary version of the test standard or the ANSI version of that 
standard. Contact ANSI to determine whether a test standard is 
currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
QPS must abide by the following conditions of the recognition:
    1. QPS must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as a NRTL, and provide details of the 
change(s);
    2. QPS must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. QPS must continue to meet the requirements for recognition, 
including all previously published conditions on QPS's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of QPS, subject to the limitations and conditions 
specified above.

III. Authority and Signature

    Douglas L. Parker, 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, September 18, 2020) and 29 CFR 
1910.7.

    Signed at Washington, DC, on December 7, 2021.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-27120 Filed 12-14-21; 8:45 am]
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