FRN Announcing October 22, 2014 Stakeholder Meeting

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brigade members regarding special
hazards such as the storage and use of
flammable liquids and gases, toxic
chemicals, radioactive sources, and
water-reactive substances that may be
present during fires and other
emergencies, as well as about any
changes in these special hazards. It also
requires that employers develop written
procedures describing the actions that
brigade members are to take when
special hazards are present, and to make
these procedures available in the
education and training program and for
review by brigade members.

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II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• 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;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting an adjustment
decrease of the previous estimate of
6,292 burden hours to 2,510 burden
hours, a total decrease of 3,782 hours.
The adjustment is primarily due to a
decrease in the estimated number of
manufacturing facilities with 100 or
more workers.
Type of Review: Extension of a
currently approved collection.
Title: Fire Brigades Standards (29 CFR
1910.156).
OMB Control Number: 1218–0075.
Affected Public: Business or other forprofits.
Number of Respondents: 23,247.
Total Responses: 3,487.
Frequency of Responses: On occasion.
Average Time per Response: Varies
from five minutes (.08 hour) to obtain a
physician’s certificate to 2 hours to
develop or revise an organizational
plan.
Estimated Total Burden Hours: 2,510.
Estimated Cost (Operation and
Maintenance): $0.
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:

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(1) electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2011–0009).
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 from 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 from this 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,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).

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Signed at Washington, DC on May 20,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–12023 Filed 5–22–14; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0028]

Nationally Recognized Testing
Laboratory Program; Stakeholder
Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

OSHA invites interested
parties to attend an informal stakeholder
meeting concerning the Nationally
Recognized Testing Laboratory (NRTL)
Program. The meeting will focus on the
following NRTL Program topics: use of
the private sector to increase the
efficiency of the NRTL Program;
certification marks; factory inspections;
field inspections; fees; and, at OSHA’s
discretion and as time permits, other
topics raised by participants or OSHA
staff. OSHA plans to use the information
gathered at this meeting to explore
potential updates to NRTL Program
policies and regulations.
DATES: The stakeholder meeting will be
held on October 22, 2014, from 9:00
a.m. to 5:00 p.m., e.t., in Washington,
DC. Attendees should arrive at least 30
minutes early to allow time for security
access. Security-access information is
available at http://www.dol.gov/dol/
aboutdol/visit.htm.
The deadline to register to attend the
meeting as a presenter, participant, or
an observer is July 22, 2014. If space
remains after this deadline, OSHA may
accept additional presenters,
participants, and observers until the
meeting is full. Those who submit their
registrations after July 22, 2014, may not
receive confirmation of their attendance
from OSHA. The deadline to submit
written comments, information, and
documents in response to the meeting
topics found in Appendix A of this
notice, to submit suggestions for
additional topics for the meeting, or to
request an extension of time to make a
submission is July 22, 2014. All
submissions must bear a postmark or
provide other evidence of the
submission date.
ADDRESSES:
SUMMARY:

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1. Stakeholder Meeting
OSHA will hold the stakeholder
meeting in the Francis Perkins Building,
U.S. Department of Labor, at 200
Constitution Avenue NW., Washington,
DC 20210. Information concerning the
room number for the meeting will be
available, no later than Wednesday,
September 20, 2014, on OSHA’s NRTL
Program Web site at http://
www.osha.gov/nrtlpi, in the docket for
this meeting (Docket ID: OSHA–2013–
0028, available at http://
www.regulations.gov, and in the OSHA
Docket Office). The nearest Metro
station is Judiciary Square (Red Line),
and private parking is available within
walking distance of the building.
Meeting attendees must have a valid
form of government identification (e.g.,
driver’s license), and will need to obtain
a pass from our security desk to enter
the building. Attendees should arrive at
least 30 minutes early to allow time for
security access. Security-access
information is available at http://
www.dol.gov/dol/aboutdol/visit.htm.

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2. Registration to Attend
To register to attend as a presenter,
during the presentation portion of the
meeting, a participant, during the
discussion portion of the meeting, or an
observer of the meeting, you must use
one of the three methods listed below.
If you are registering as a presenter, you
must include your presentation topic(s)
and a synopsis of your presentation.
OSHA will include, in the docket for
this meeting (Docket No. OSHA–2013–
0028, available at http://
www.regulations.gov, and the OSHA
Docket Office), the presentation topic(s)
and synopses, and any additional
information (including any comments,
information, documents, or suggestions
for additional topics) that it receives
with individual registrations.
All presentation topics must address
the NRTL Program, and presentations
that address those topics described in
Appendix A of this notice will have
priority. Once registered, OSHA will
coordinate directly with presenters
regarding the schedule of presentations.
For additional information about
registering, see the ‘‘Registration’’
section of this notice under
SUPPLEMENTARY INFORMATION below.
a. Electronically: Email your
registration to attend to Ms. Kristin
Webster at [email protected], and
label the subject line of the email
‘‘NRTL October 22, 2014, Stakeholder
Meeting Registration.’’
b. Facsimile: Fax your registration to
attend to Ms. Webster at (202) 693–
1644, and label it ‘‘NRTL October 22,

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2014, Stakeholder Meeting
Registration.’’
c. Regular or express mail, hand
delivery, or messenger (courier) service:
Send your registration to attend to:
OSHA Directorate of Technical Support
and Emergency Management, 200
Constitution Ave. NW., Room N–3655,
Washington, DC 20210, Attention:
Kristin Webster. On the outside of the
envelope, write ‘‘NRTL October 22,
2014, Stakeholder Meeting
Registration.’’ Note that security
procedures may result in significant
delays in receiving registrations by
regular mail. If you have any questions
about these instructions, contact Ms.
Webster at (202) 693–2145.
3. Submitting Comments in Response to
Listed Meeting Topics and
Corresponding Questions, and
Comments Suggesting Additional
Topics
In addition to including comments,
information, documents, or suggestions
for additional topics in individual
registrations (see Section 2 of this
Notice, ‘‘Registration to Attend,’’ above),
stakeholders and the general public may
also submit written comments,
information, and documents in response
to the meeting topics and corresponding
questions found in Appendix A of this
notice, or suggestions for additional
topics to address at the meeting, through
one of the three methods listed below.
For additional information about
submissions to the docket, see the
‘‘Submissions to the Docket’’ section of
this notice under SUPPLEMENTARY
INFORMATION, below.
a. Electronically: Submit comments
and any attachments electronically to
Docket No. OSHA–2013–0028 at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
b. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
c. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments and any attachments
to: OSHA Docket Office, Docket No.
OHSA–2013–0028, Technical Data
Center, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–2350
(TTY number: (877) 889–5627). Note
that security procedures may result in
significant delays in receiving
submissions and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by regular or express mail,

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hand delivery, or messenger (courier)
service. The hours of operation for the
OSHA Docket Office are 8:15 a.m.–4:45
p.m., e.t.
4. Accessing the Docket
To read or download submissions or
other material in the docket (e.g., public
submissions of suggested topics), go to
http://www.regulations.gov or to the
OSHA Docket Office. You can reference
all documents placed in the docket
electronically at http://
www.regulations.gov (Docket No.
OSHA–2013–0028); however, some
information (e.g., copyrighted material)
is not publicly available to read or
download through the Web site. All
submissions, including copyrighted
material, will be available for inspection
at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in
locating docket submissions.
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, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
[email protected].
General and Technical Information:
Contact Mr. David Johnson, 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, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
telephone: (202) 693–2145; email:
[email protected]. OSHA’s Web
page includes information about the
NRTL Program (see http://
www.osha.gov/otpca/nrtl/index.html).
Copies of the Federal Register
Notice: Electronic copies of this Federal
Register notice are available at http://
www.regulations.gov. This Federal
Register notice, as well as other relevant
information, is also available on OSHA’s
Web page at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. The Nationally Recognized Testing
Laboratory Program
Several OSHA standards require an
NRTL to approve equipment as safe if
used in the workplace (see https://
www.osha.gov/dts/otpca/nrtl/1910
refs.html (listing specific references to
OSHA standards requiring NRTL
approval)). NRTLs are independent
laboratories that meet OSHA’s
requirements for performing safety

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testing and certification of products
used in the workplace. To obtain and
retain OSHA recognition, an NRTL must
meet the requirements in the NRTL
Program regulations at 29 CFR 1910.7.
Recognition is an acknowledgement by
OSHA that an NRTL has the capability
to perform independent safety testing
and certification of the specific products
covered within the NRTL’s scope of
recognition. Recognition also allows
employers to use products certified by
that NRTL to meet those OSHA
standards that require approval by an
NRTL.
OSHA’s NRTL Program recognition
process involves a thorough analysis of
an NRTL applicant’s policies and
procedures, and a comprehensive onsite review of the applicant’s testing and
certification facilities, to ensure that the
applicant meets the requirements of 29
CFR 1910.7. Once an NRTL obtains
recognition from OSHA, OSHA’s staff
conducts on-site audits to ensure that
existing NRTLs adequately perform
their testing and certification activities
and maintain the quality of their
operations.
An NRTL’s approval of a product
generally consists of testing, inspection,
and certification. Testing involves
determining whether a sample or
prototype of the product meets the
applicable requirements of one or more
specific consensus-based, U.S. productsafety test standards. If the product
meets the requirements of the test
standard, the NRTL then performs an
initial inspection of the factory that
manufactures, or will manufacture, the
product to verify that the units of the
product resulting from production runs
are or will be in conformance with the
test standard’s requirements. Following
a satisfactory initial inspection, the
NRTL issues its certification, which
provides assurance that the product
conforms to the specific test standard(s).
The NRTL also authorizes the
manufacturer to apply the NRTL’s mark
to each unit of the manufactured
product. After issuing its certification,
the NRTL conducts periodic follow-up
(i.e., quality-assurance and compliance)
inspections of each manufacturing
facility to provide assurance that the
product currently manufactured at the
facility and bearing the NRTL’s mark is
identical to the product that the NRTL
tested, initially inspected, and certified.
For more information about the NRTL
Program, see the NRTL Program Web
site (www.osha.gov/dts/otpca/nrtl/
index.html).

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B. Events Leading to This Stakeholder
Meeting
In 2012, the Government
Accountability Office (GAO) performed
a study of OSHA’s NRTL Program to
examine the program’s recognition
process. GAO published its findings and
recommendations from that study in
December 2012, in a report entitled,
Product Safety Laboratories: OSHA’s
Accreditation Process Needs
Reexamination (Exhibit 14–1—GAO
Report GAO–13–88). In the report, GAO
recommended that OSHA review its
current structure and procedures for
recognizing NRTLs and implement
alternatives that would maintain
effectiveness while improving
timeliness. More specifically, GAO
suggested that OSHA explore various
structural approaches for making
decisions regarding recognition,
including use of private accreditation
bodies and/or contractors. GAO also
recommended that OSHA review its
current regulations and procedures to
identify changes to existing regulations
and program modifications, including
increased alignment with international
standards on accreditation.
As a result of GAO’s report, in early
2013, OSHA staff began reexamining
several aspects of the NRTL Program to
determine how it could improve
program operations without
compromising the Agency’s mission to
protect worker safety and health. On
March 15, 2013, OSHA held an informal
stakeholder meeting to help OSHA staff
assess the NRTL Program and make
efforts to increase program effectiveness.
At the March meeting, OSHA discussed
and received feedback from
stakeholders on several potential NRTL
Program policy, procedure, and
guideline changes.
Following the March 15 stakeholder
meeting, OSHA began investigating the
possibility of aligning the NRTL
Program requirements with ISO/IEC
17025:2005 and ISO/IEC 17065:2012. As
part of this effort, OSHA may propose
developing NRTL Program-specific
guidance that would permit NRTLs to
obtain and maintain recognition under
the NRTL Program regulation, 29 CFR
1910.7, by following specific provisions
in ISO/IEC 17025 and ISO/IEC 17065 in
conjunction with OSHA guidance that
tailors the general criteria found in ISO/
IEC 17025 and ISO/IEC 17065 to the
specific NRTL Program requirements for
testing and certification activities.
As part of its investigation into
aligning the NRTL Program
requirements with international
standards, OSHA also is investigating
the use of the private sector to improve

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the timeliness and efficiency of the
NRTL recognition process, while still
maintaining the integrity of the
program. As part of its effort to explore
the use of the private sector for this
purpose, OSHA is holding this
stakeholder meeting to gather more
information on the topic. Moreover,
after reviewing the NRTL Program
requirements as part of its alignment
investigation, OSHA developed
potential modifications to existing
policies and regulatory requirements
with respect to certification marks,
factory inspections, field inspections,
and fees. OSHA also seeks to gather
input on these potential policy and
regulatory changes through this
stakeholder meeting.
The stakeholder meeting will consist
of stakeholder presentations concerning
the topics described in Appendix A of
this notice, and, at OSHA’s discretion,
other NRTL Program-related topics. A
facilitated discussion will follow the
presentations. OSHA determined that
stakeholder presentations, in
conjunction with informal discussion
on specific topics related to the NRTL
Program, will be beneficial to OSHA’s
further deliberations on developing,
updating, and proposing new or revised
NRTL Program policies, procedures,
regulations, or guidelines.
II. Stakeholder Meeting
The stakeholder meeting will last
approximately eight hours. The first part
of the meeting will consist of
stakeholder presentations on those
topics described in Appendix A of this
notice, and, at OSHA’s discretion, other
suggested topics related to the NRTL
Program. Each presenter will have 10–
20 minutes to make a presentation,
depending on the number of people
who request to make a presentation. A
short period of 5–10 minutes will follow
each presentation so that OSHA, other
presenters, and registered participants
can ask questions of, and request
clarification from, the presenter. OSHA
is limiting participation in these periods
to OSHA and registered presenters and
participants. Presenters may, at their
discretion, submit written copies of
their presentation to OSHA, either
during the meeting or in written
comments submitted to the docket in
accordance with the procedures
outlined in this notice. OSHA believes
that having access to written copies of
the presentations will facilitate its
decisionmaking. OSHA will include
copies of the presentations in the docket
for this meeting (Docket No. OSHA–
2013–0028, available at http://
www.regulations.gov and the OSHA
Docket Office).

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OSHA is limiting the meeting to
approximately 20 presentations, but
may accommodate more presentations
at its discretion and as time permits.
OSHA will try to accommodate all
presenters who respond in a timely
fashion. To ensure all views are
represented, OSHA encourages
individuals and groups having similar
interests to consolidate their
information and present this
information through a single
representative. OSHA will try to
accommodate, as space permits, all
those who would like to observe the
presentations.
If time permits, OSHA may hold an
open-session portion of the meeting
with facilitated discussion. OSHA is
limiting the open-session portion of the
meeting to approximately 30
participants. OSHA will try to
accommodate all attendees who would
like to participate. To ensure all views
are represented, OSHA encourages
individuals and groups having similar
interests to consolidate their
information and participate through a
single representative. OSHA staff will be
present to take part in the discussions.
The topics for the stakeholder meeting
and related questions about these topics
are in Appendix A of this notice. OSHA
believes the discussion and related
questions in Appendix A will provide
the Agency with useful information, and
will facilitate discussion during the
meeting. If stakeholders and the public
would like to provide input on the
meeting topics and their corresponding
questions prior to the stakeholder
meeting, OSHA welcomes any available
data, documentation, information, or
comments related to those topics that
might help facilitate the meeting.
Stakeholders and the members of the
public chosen to make presentations at
the meeting and/or to participate during
the open-session portion of the meeting,
will also have an opportunity to provide
information and comment on these
topics and questions during the
meeting. Any stakeholder or member of
the public who chooses to provide data,
documentation, information, or
comments prior to the meeting should:
identify any organization they are
representing at the meeting; their
position within that organization; and
describe any qualifications they have
that are relevant to their submission.
OSHA will provide the public with a
copy of the final meeting agenda and
any specific documents OSHA will use
at the stakeholder meeting no later than
five days prior to the meeting. These
documents also will be available by that
date at OSHA’s NRTL Program Web site
(http://www.osha.gov/nrtlpi) and in the

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docket for this notice (Docket No.
OSHA–2013–0028, available at http://
www.regulations.gov and the OSHA
Docket Office).
OSHA will prepare a full transcript of
the meeting and post this transcript on
the NRTL Program Web site (http://
www.osha.gov/nrtlpi) and in the docket
(Docket No. OSHA–2013–0028,
available at http://www.regulations.gov
and the OSHA Docket Office).
III. Registration
Register to attend as a presenter,
participant, or an observer in the
stakeholder meeting by July 22, 2014,
using one of the three methods
described above in the ‘‘Registration to
Attend’’ section of this notice under
ADDRESSES. OSHA will accommodate
attendees who do not register for the
meeting if space permits. However,
those who would like to make a
presentation during the meeting must
register as presenters and submit a copy
of their presentation topic(s) and a
synopsis of their presentations.
Additionally, those who would like to
participate during the open-session
portion of the meeting must register as
participants. OSHA will consider as an
observer any attendee who does not
register as a presenter or participant.
OSHA is limiting the number of
attendees who may present or
participate in the meeting; therefore,
OSHA will grant priority to current or
former NRTLs, and current NRTL
applicants. Only one representative
from each organization may make a
presentation, and only one
representative from each organization
may attend as a participant; however,
each organization may register one
representative to be a presenter and a
different representative to be a
participant. Each organization may have
more than one observer in attendance
(space permitting).
Any individual or entity not affiliated
with a current or former NRTL, or a
current NRTL applicant, who would
like to present and/or participate in the
meeting must submit, with their
registration to attend, a written
statement that indicates their interest in
the NRTL Program and the specific
topic(s) they would like to present or
discuss. If they would like to make a
presentation, they must also submit a
synopsis of their presentation. OSHA
will enter these presentations and
synopses into the docket for the meeting
(Docket No. OSHA–2013–0028,
available at http://www.regulations.gov
and the OSHA Docket Office). However,
if OSHA receives these documents after
July 22, 2014 (the last day to timely
submit topics), OSHA may not review

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the documents for the purpose of
generating a meeting agenda (see the
‘‘Submissions to the Docket’’ section
below).
Registrants not affiliated with a
current or former NRTL, or with a
current NRTL applicant, who would
like to present a specific topic during
the first portion of the meeting, and/or
participate in the discussion during the
open-session portion of the meeting,
will be chosen as presenters and/or
participants over similar attendees who
would like to address broad topics only.
OSHA cannot guarantee presenter and/
or participation status to all those who
register as presenters and/or
participants; however, it will make
every effort to accommodate registrants
who want to present and/or participate,
ensure a fair representation of interests,
and facilitate the presentation of diverse
viewpoints.
In registering to participate during the
open-session portion of the meeting,
current or former NRTLs, and current
NRTL applicants, need not submit
statements indicating their interest in
the NRTL Program and the specific
topic(s) they would like to discuss.
However, if they would like to make a
presentation during the first portion of
the meeting, they must submit their
presentation topic(s) and a synopsis of
their presentation. Additionally, these
organizations are welcome to submit, in
writing, suggestions for additional
topics for discussion (pursuant to the
procedures described under ADDRESSES
above and in the ‘‘Submissions to the
Docket’’ section below).
When registering, please provide the
following information:
a. Name, contact address, daytime
phone, fax, and email address;
b. The organization for which you
work or represent, if any;
c. Whether you are employed at,
affiliated with, or represent a current or
former NRTL or a current NRTL
applicant;
d. Whether you are registering to be
a presenter during the presentation
portion of the meeting and/or a
participant during the open-session
portion of the meeting, or an observer;
e. If you registering to be a presenter
during the presentation portion of the
meeting, provide your presentation
topic(s) and a synopsis of your
presentation; and
f. If you are not affiliated with a
current or former NRTL, or current
NRTL applicant, and would like to
make a presentation during the
presentation portion of the meeting and/
or be a participant during the opensession portion of the meeting, provide
a written statement that indicates your

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interest in the NRTL Program and the
specific topic(s) you would like to
present and/or discuss. Additionally, if
you are registering to be a presenter,
provide a synopsis of your presentation.
4. Submissions to the Docket
You must make all submissions to the
docket using any of the methods listed
above under ADDRESSES, and the
submission must include the Agency
name (i.e., OSHA) and the OSHA docket
number (OSHA–2013–0028). You must
make submissions to the docket by July
22, 2014.
Note that a submission to the docket
does not constitute registration to attend
the meeting as a presenter, participant,
or observer. To register as a presenter,
participant, or observer, you must
follow the procedures described above
in the section of this notice titled
‘‘Registration’’ under SUPPLEMENTARY
INFORMATION.
OSHA will use the submissions it
timely receives to establish the meeting
agenda, which it will release no later
than five days prior to the meeting on
its NRTL Program Web site (http://
www.osha.gov/nrtlpi) and in the docket
for this notice (Docket No. OSHA–2013–
0028, available at http://
www.regulations.gov and the OSHA
Docket Office). OSHA will consider
submissions made after July 22, 2014 to
be untimely and, therefore, may not use
such submissions when establishing the
meeting agenda.
OSHA will place all submissions,
including any personal information, in
the docket without revision, and these
submissions and other material will be
available online at http://
www.regulations.gov and in the OSHA
Docket Office (as described above in
‘‘Accessing the Docket’’ section under
ADDRESSES). Therefore, OSHA cautions
commenters about submitting
statements they do not want made
public, or submissions that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.

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IV. 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. Accordingly, the Agency is
issuing this notice pursuant to 29 U.S.C.
657(g)(2)), Secretary of Labor’s Order
No. 1–2012 (77 FR 3912, Jan. 25, 2012),
and 29 CFR 1910.7.

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Signed at Washington, DC, on May 20,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.

Appendix A
Topics for Informal Stakeholder Meeting
Concerning the Nationally Recognized
Testing Laboratory Program
OSHA presents here a discussion of the
topics for the October 22, 2014, NRTL
Program informal stakeholder meeting.
OSHA believes the discussion and related
questions presented here will assist
commenters and presenters in narrowing
their comments and presentations to topics
about which OSHA has an interest in
obtaining information, and facilitate
discussion during the open-session portion of
the meeting. OSHA numbered the individual
topics below, and asks that commenters
clearly delineate which number(s) (i.e.,
topics) each of their comments or other
submissions is addressing.
A. Options for Using the Private Sector to
Increase the Efficiency of the NRTL Program
OSHA is considering using private-sector
accreditation bodies and/or independent
contractors to increase the efficiency of the
NRTL Program. As a result, OSHA is
considering a number of different models to
serve this purpose. This subsection of topics
presents these models in general terms, and
asks specific questions about each of these
approaches.
OSHA is not endorsing any of these models
at this time. Moreover, OSHA is open to
considering other options or models for
revising NRTL Program policies and
regulations. OSHA invites stakeholders to
provide any additional options, models,
feedback, or suggestions that may assist
OSHA in its decisionmaking.
1. OSHA is considering a model that uses
private-sector accreditation as evidence of
conformance to ISO/IEC 17025 and ISO/IEC
17065 to facilitate processing applications
and performing on-site assessments.
Although, OSHA would continue to conduct
on-site assessments to NRTL Programspecific requirements, inclusion of
accreditations may facilitate validation of
generic ISO/IEC 17025 and ISO/IEC 17065
requirements. Under this approach, OSHA
would deem NRTLs in compliance with the
NRTL Program regulation, 29 CFR 1910.7, if
along with OSHAs validation of compliance
with NRTL Program specific requirements, a
private-sector accreditation body accredits
the NRTL headquarters to the appropriate
scope of accreditation for ISO/IEC 17025 and
ISO/IEC 17065, and the NRTL maintains this
accreditation. In addition, under this
approach, all of the NRTL’s sites would
require independent accreditation to ISO/IEC
17025.
a. Are you in favor of this approach?
Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this
approach?
d. What resources and/or costs would be
associated with this approach? Please
explain.

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e. Would there be any cost savings
associated with this approach? Please
explain.
f. As part of this approach, NRTLs would
need to provide complete audit reports and
final corrective actions to OSHA during
OSHA’s on-site assessments or upon request
by OSHA. Note that such information could
be subject to release by OSHA under the
Freedom of Information Act (FOIA). Please
explain the impact of this part of the
approach.
2. OSHA is considering a model under
which it makes use of one or more privatesector accreditation bodies as part of the
NRTL recognition process. Under this
approach, OSHA would delegate, to one or
more private-sector accreditation bodies, the
responsibility to assess NRTLs for
recognition and perform NRTL Program onsite assessments. OSHA would maintain the
official list of recognized NRTLs and still
retain the authority to approve, deny, amend,
or revoke NRTL recognition.
a. Are you in favor of this approach?
Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this
approach?
d. What resources and/or costs would be
associated with this approach? Please
explain.
e. Would there be any cost savings
associated with this approach? Please
explain.
f. Are you in favor of using private-sector
accreditation bodies in a manner not
described in this approach? Please explain.
3. OSHA is considering a model under
which it contracts with independent
technical experts to perform specific
functions for the NRTL Program. For
example, OSHA may use independent
technical experts to assess the technical
requirements of NRTLs or applicants for
purposes of NRTL applications and/or NRTL
Program on-site assessments. OSHA would
continue to perform all other aspects of the
NRTL Program, and still would make all
decisions regarding recognition.
a. Are you in favor of this approach?
Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this
approach?
d. What resources and/or costs would be
associated with this approach? Please
explain.
e. Would there be any cost savings
associated with this approach? Please
explain.
f. Are you in favor of using independent
technical experts in a manner not described
in this approach? Please explain.
4. Under 29 CFR 1910.7, an NRTL must
have the capability to perform both testing
and certification functions. OSHA is
considering a modification to the regulation
that separates these two functions, thus
allowing organizations to apply to the NRTL
Program to perform testing only, certification
only, or both testing and certification. If
OSHA revises the regulation in this manner,
it would also plan to use ISO/IEC 17025 and
NRTL Program-specific policies to evaluate
testing organizations, and ISO/IEC 17065 and

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Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Notices
NRTL Program-specific policies to evaluate
certification organizations. Under this
approach, OSHA-recognized testing
organizations would submit evaluation and
testing results to OSHA-recognized
certification organizations, and these
organizations would authorize the
certification of the product and conduct
factory-surveillance on-site assessments.
a. Are you in favor of this approach?
Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this
approach?
d. What resources and/or costs would be
associated with this approach? Please
explain.
e. Would there be any cost savings
associated with this approach? Please
explain.
f. If OSHA were to revise its regulation
as described above, OSHA also may revise its
regulation to require certification
organizations authorized under the NRTL
Program to accept test results from any
testing organization authorized under the
NRTL Program. Are you in favor of such a
requirement? If OSHA had to adopt this
requirement to successfully implement this
model, would you be in favor of this
requirement? Please explain.

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B. Certification Marks for the NRTL Program
Under OSHA’s current policy regarding
certification marks, an NRTL is in
compliance with the NRTL Program
regulation, 29 CFR 1910.7, if it has a
registered certification mark issued by the
U.S. Patent and Trademark Office (USPTO)
or by a national or international body under
a registration system that requires ownership
of the mark(s) and that is equivalent to the
USPTO system of registration. Additionally,
the NRTL can only use this certification
mark(s) for its NRTL activities. OSHA is
considering revising its policy to better
account for ownership and use of
certification marks for NRTL activities.
5. OSHA is considering making the
following policy change: If an entity wholly
owned by an NRTL owns a certification
mark, and the NRTL uses that mark for its
NRTL certifications, the entity owned by the
NRTL could no longer use the mark for any
purpose, including marketing or
advertisement.
a. What impact would this policy change
have on NRTLs? Please explain.
b. What resources and/or costs would be
associated with this approach? Please
explain.
6. OSHA is considering making the
following policy change: Any mark owned by
an NRTL, and used for its NRTL
certifications, would need to be clearly
distinguishable from the mark of another
entity owned or affiliated with the NRTL
(e.g., a mark used by an entity that is not a
recognized NRTL would need to be clearly
distinguishable from the mark used by the
entity recognized as an NRTL, and a product
certified by a non-NRTL could not appear to
be a product certified by the NRTL).
a. What impact would this policy change
have on NRTLs? Please explain.

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b. What resources and/or costs would be
associated with this approach? Please
explain.
7. Under current OSHA policy, NRTLs
need not add a unique identifier to their
certification mark to signify work conducted
under the NRTL Program and compliance to
particular product-safety test standards (i.e.,,
similar to the ‘‘C’’ mark for Canada). Some
NRTLs voluntarily include the acronym
‘‘NRTL’’ with their regular certification
marks. Under a policy change OSHA is
considering, each NRTL would need to add
a unique identifier to its certification mark to
signify testing and certification conducted
under the NRTL Program.
a. Are you in favor of requiring the
NRTLs to add a unique identifier to their
certification mark? Please explain.
b. What resources and/or costs would be
associated with this approach? Please
explain.
c. OSHA is considering delaying the
effective date of this policy change for 2 years
after it finalizes the policy change. Are you
in favor of delaying the effective date of this
policy change? If so, are you in favor of a 2
year delay? Please explain.
C. Factory Inspections
8. Under OSHA’s current policy for factory
inspections (OSHA Instruction CPL 01–00–
003, NRTL Program Policies, Procedures, and
Guidelines, App. C.III.A, ‘‘NRTL Follow-up
Inspections at Manufacturing Facilities,
Frequency of Inspections’’ (Dec. 2, 1999)),
NRTLs need to perform more frequent
inspections at facilities where heightened
safety concerns exist regarding the
manufacture of products certified by the
NRTLs. As outlined in the existing policy, an
NRTL needs to perform no fewer than four
(4) inspections per year at facilities where
heightened safety concerns exist, but needs
to perform no fewer than two (2) inspections
per year at facilities where heightened safety
concerns or similar situations do not exist.
OSHA is considering modifying its policy
regarding the frequency of inspections to
allow each NRTL to adopt its own risk-based
approach 1 to determine the frequency with
which it performs factory inspections.
a. Should OSHA allow each NRTL to
adopt its own risk-based approach to
determine the frequency with which it
performs factory inspections or should OSHA
keep its current policy in which NRTLs must
perform a minimum number of inspections
per year? Please explain.
b. What resources and/or costs would be
associated with allowing NRTLs to adopt
their own risk-based approach to determine
the frequency with which they perform
factory inspections? Please explain.
9. Under OSHA’s current policy for
factory inspections (OSHA Instruction CPL
01–00–003, NRTL Program Policies,
Procedures, and Guidelines, App. C.III.B,
‘‘NRTL Follow-up Inspections at
Manufacturing Facilities, Policies and
Procedures for Inspections’’ (Dec. 2, 1999)),
NRTLs need to determine the specific
1 See, for example, ISO 31000:2009; Risk
management—Principles and guidelines on
implementation; International Organization for
Standardization.

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29809

activities to undertake in performing each
inspection, and document these activities.
However, follow-up inspections activities
(but not necessarily every inspection) need to
at least include or address activities specified
in the policy. OSHA is considering
modifying its policy regarding factory
inspections, and seeks input on the following
questions:
a. Are you in favor of OSHA
standardizing inspection content and
processes for factory inspections? For
example, should OSHA specify the activities
NRTLs need to perform during each factory
inspection and delineate how documentation
should occur? Please explain.
b. Are you in favor of OSHA developing
forms, with stakeholder involvement, for
NRTLs to use during factoring inspections?
Please explain.
c. What resources and/or costs would be
associated with the modifications addressed
in questions (a)–(c) above for your
organization? Please explain.
D. Field Inspections
10. Under 29 CFR 1910.7(b)(2)(iii), an
NRTL must conduct field inspections to
monitor and assure proper use of its
identifying mark or labels on products.
OSHA is considering eliminating this
requirement. Are you in favor of OSHA
eliminating this requirement? Please explain.
E. Fees
11. OSHA currently requires NRTLs to pay
all NRTL Program fees in U.S. dollars by
check or money order. OSHA is considering
allowing NRTLs to make online electronic
payments only (e.g., through credit card or
ACH), and disallowing payments made by
check or money order.
a. What impact would such a change
have? Please explain
b. What resources and/or costs would be
associated with this approach? Please
explain.
[FR Doc. 2014–12015 Filed 5–22–14; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0036]

Tully/OHL USA Joint Venture: Grant of
a Permanent Variance
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of grant of a permanent
variance.
AGENCY:

In this notice, OSHA grants a
permanent variance to Tully/OHL USA
Joint Venture from the provisions of
OSHA standards that regulate work in
compressed-air environments at 29 CFR
1926.803.
DATES: The permanent variance
specified by this notice becomes
SUMMARY:

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