Definition and Requirements for a Nationally Recognized Testing Laboratory (29 CFR 1910.7)

Forms and Documents

Document Name	Status
Form OSHA 5-30.5 Definition and Requirement for a Nationally Recognized Testing Laboratory (NRTL) (29 CFR 1910.7) Form and Instruction	Modified
SS 1218-0147 Supporting Statement NRTLS_20181128.docx Supporting Statement A	2018-11-28
FRN 09_22_2015 NRTL Fee Schedule proposed.pdf Supplementary Document	2017-02-22
FRN 05_23_2014 Stakeholder Meeting.pdf Supplementary Document	2017-02-22
FRN 02-01_2013 Stakeholder Meeting.pdf Supplementary Document	2017-02-22
60 day FRN 1218-0147 (2).pdf Supplementary Document	2017-02-22
CFR-2016-title29-vol5-sec1910-7.pdf Supplementary Document	2017-02-22
NRTL_application_guidelines[1].pdf Supplementary Document	2010-05-05
29cfr70.41(2009).pdf Supplementary Document	2010-05-05
29cfr70.40(2009).pdf Supplementary Document	2010-05-05
29cfr1903.9(2009).pdf Supplementary Document	2010-05-05
Section 8~29-USC-657.pdf Supplementary Document	2010-05-05
Section 2~651.pdf Supplementary Document	2010-05-05

IC Document Collections

IC ID	Document Title	Status
14090	Definition and Requirement for a Nationally Recognized Testing Laboratory (NRTL) (29 CFR 1910.7) Form and Instruction	Modified

ICR Details

OMB Control No: 1218-0147	ICR Reference No: 201711-1218-001
Status: Active	Previous ICR Reference No: 201702-1218-004
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0147(2018)
Title: Definition and Requirements for a Nationally Recognized Testing Laboratory (29 CFR 1910.7)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/29/2018
	Date Received in OIRA: 06/29/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2021	36 Months From Approved	04/30/2020
Responses	140	0	150
Time Burden (Hours)	1,523	0	1,623
Cost Burden (Dollars)	728,352	0	348,192

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Abstract: A number of standards issued by the Occupational Safety and Health Administration (OSHA) contain requirements for equipment, products, or materials. These standards often specify that employers use only equipment, products, or material tested or approved by a Nationally Recognized Testing Laboratory (NRTL). This requirement ensures that employers use safe equipment, products, or materials in complying with the standards. Accordingly, OSHA promulgated the regulation 29 CFR 1910.7, "definition and requirements for a nationally recognized testing laboratory" (the Regulation). The Regulation specifies procedures that organizations must follow to apply for, and to maintain, OSHA's recognition to test and certify equipment, products, or material for this purpose. OSHA proposed revising the existing schedule of fees that the Agency charges to NRTLs and NRTL applicants and adopting new application acceptance and review procedures (80 FR 57222, September 22, 2015, Docket No. OSHA-2007-0031). OSHA intends to publish a Federal Register notice adopting a revised fee schedule.

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Authorizing Statute(s): US Code: 29 USC 651 Name of Law: Occupational Safety and Health Act
   US Code: 29 USC 657 Name of Law: Occupational Safety and Health Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 95650	12/28/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 30779	06/29/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Definition and Requirement for a Nationally Recognized Testing Laboratory (NRTL) (29 CFR 1910.7)	OSHA Form 5-30.6, OSHA Form 30.7, OSHA Form 5-30.8, F92031-NRTL, OSHA 5-30.5	NRTL Initial Application, Expansion, and/or Scope Reduction Request ,   Request for Renewal/NRTL Certification of Continued Compliance ,   NRTL Initial Application and Expansion Test Standard Worksheet ,   NRTL Application, Expansion Company Profile Worksheet ,   NRTL Program Fee Payment

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	140	150	0	-10	0	0
Annual Time Burden (Hours)	1,523	1,623	0	-100	0	0
Annual Cost Burden (Dollars)	728,352	348,192	0	380,160	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Using Information Technology

Short Statement: The Agency intends to revise the NRTL Program’s fee schedule associated with initial recognition, program expansion, renewals of recognition, and on-site audits. The existing fee schedule for these activities can be found at http://www.osha.gov/dts/otpca/nrtl/nrtlfees.html. To facilitate the payment of fees and reduce the burden on NRTLs, the Agency is in the process of establishing an electronic payment mechanism on Pay.gov. For each transaction on this site, users would be required to complete a short payment form. OSHA believes that the on-line process and associated form will simplify fee transactions and facilitate flexibility in payment options. This accounts for the reduction in burden hours from 1,623 to 1,523. OSHA is also requesting an increase in costs associated with OSHA’s planned increase in filing and assessment fees. As explained fully in the September 22, 2015 Federal Register notice proposing the updated NRTL Fee Schedule (80 FR 57222, Docket No. OSHA-2007-0031), the fees charged by OSHA under the existing fee schedule have been far lower than the costs of performing the activities for which OSHA charges fees. OSHA is required to set fees at a level that cover its full costs in reviewing NRTL applications (29 CFR 1910.7(f)(2)). The proposed fee schedule will rectify this flaw and more accurately reflect the full cost of performing the activities for which OSHA charges fees.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/29/2018

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