[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71284-71285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27122]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]


QPS Evaluation Services, Inc.: 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 QPS 
Evaluation Services, Inc. (QPS) 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 December 30, 2021.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: https://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-2019-0008, 
Occupational Safety and Health Administration, U.S. Department of 
Labor; telephone (202) 693-2350. OSHA's TTY number is (877) 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 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.
    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 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 December 30, 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. Background

    OSHA recognition of a NRTL signifies that the organization meets 
the requirements 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 its 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 its scope of recognition available at http://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 its current recognition. The 
submission includes a request for renewal and any additional 
information the NRTL wishes to submit to demonstrate its continued 
compliance with the terms of its 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 its 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.
    QPS initially received OSHA recognition as a NRTL on March 2, 2011 
(76 FR 11518). QPS's most recent renewal was granted on April 25, 2016, 
for a five-year period ending on April 25, 2021 (81 FR 24133). QPS 
submitted its request for renewal in July, 2019 (OSHA-2010-0046-0016). 
While OSHA should have rejected the renewal request because it was 
submitted more than one year before the expiration of QPS's current 
recognition (see above discussion), OSHA failed to do so and instead 
accepted the request. Because OSHA accepted the request rather than 
rejecting it, OSHA is processing the renewal request even though it was 
filed outside the time period permitted by 29 CFR 1910.7 Appendix A.
    The renewal application was amended on August 25, 2021 (OSHA-2010-
0046-0017) to indicate that a change in company ownership had occurred 
after QPS submitted the original renewal application. Through 
communications with QPS, OSHA confirmed that QPS's acquisition by 
another company was the only material change that occurred after QPS 
submitted its initial renewal application.
    QPS retains its recognition pending OSHA's final decision in this 
renewal process. The current address of the QPS facility recognized by 
OSHA and included as part of the renewal request is: QPS Evaluation 
Services, Inc., 81

[[Page 71285]]

Kelfield Street, Unit 8, Toronto, Ontario M9W 5A3 Canada.

II. Notice of Preliminary Findings

    OSHA is providing notice that QPS is applying for renewal of its 
recognition as a NRTL. This renewal covers QPS's existing NRTL scope of 
recognition. OSHA evaluated QPS's application for renewal and 
preliminarily determined that QPS can continue to meet the requirements 
prescribed by 29 CFR 1910.7 for recognition. OSHA has determined that 
it does not need to conduct an on-site review of QPS's facility, based 
on its evaluations of QPS's application and all other available 
information. This information includes OSHA's most recent audit of 
QPS's NRTL recognized site during this recognition period, and the 
satisfactory resolution of non-conformances with the requirements of 29 
CFR 1910.7.
    OSHA welcomes public comment as to whether QPS 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 QPS's application and other pertinent 
documents (including exhibits), as well as all submitted comments, 
contact the Docket Office, Room N-3653, 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-
2010-0046.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these comments 
(if any), will make a recommendation to the Assistant Secretary on 
whether to grant QPS'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

    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 8, 2021.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-27122 Filed 12-14-21; 8:45 am]
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