Ssa_1218-0147 Nrtl 09-13-2021_rocis

NATIONALLY RECOGNIZED TESTING LABORATORY (29 CFR 1910.7)

OMB Control Number 1218-0147

OMB Expiration Date: November 30, 2021

SUPPORTING STATEMENT FOR THE

INFORMATION COLLECTION REQUIREMENTS OF THE

REGULATION ON DEFINITION AND REQUIREMENTS FOR

A NATIONALLY RECOGNIZED TESTING LABORATORY (29 CFR 1910.7)

OFFICE OF MANAGEMENT AND BUDGET (OMB)

CONTROL NUMBER 1218-0147 (September 2021)

This ICR is requesting an extension for an already approved data collection.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The principal objective of the Occupational Safety and Health Act (OSH Act) is to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources (29 U.S.C. 651). In fulfilling this objective, the OSH Act authorizes “the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce” (29 U.S.C. 651) and to “prescribe such rules and regulations as may [be] deem[ed] necessary to carry out [his/her] responsibilities under the Act . . .” (29 U.S.C. 657).

A number of standards issued by the Occupational Safety and Health Administration (OSHA or the Agency) 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 its Program Regulation for NRTLs, 29 CFR 1910.7 (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 safe use in the workplace.

As part of the recognition process, the Regulation requires that organizations seeking recognition submit an initial-recognition application to OSHA (29 CFR 1910.7 Appendix A (App. A)). The Agency reviews the information provided in the initial-recognition application to determine if an organization meets the qualification criteria specified in the Regulation (App. A). These criteria address, among other things, an organization’s independence and capability to test and examine equipment, products, or material for safety (including fire or electrical safety) (29 CFR 1910.7). In this regard, the Agency evaluates an organization's facilities, equipment, staff training, written testing procedures, and calibration and quality control programs necessary to test and examine equipment, products, and material for safety.

Once recognized, an NRTL may apply to expand its current recognition to cover additional categories of NRTL testing (App. A). To do so, an NRTL must submit an expansion-of-recognition application that provides the Agency with information demonstrating that it meets the testing criteria specified by the Regulation for these additional categories (App. A). A NRTL may also revise its testing procedures, such as testing methods or pass-fail criteria, provided those revisions are in conformance with an appropriate test standard for which the NRTL is recognized. OSHA may review these revisions during assessments of the NRTL (discussed below).

Recognition is site-specific. However, an NRTL may apply to expand the number of sites for which it is recognized. To do so, an NRTL must submit an expansion of recognition application that provides the Agency with information demonstrating that the site for which it seeks recognition meets the qualification criteria specified in the Regulation.

Recognition by OSHA of an NRTL is valid for five years (App. A). To renew recognition for another five-year period, an NRTL must request renewal from the Agency not less than nine months and not more than one year before the current recognition expires (App. A). n some cases, OSHA may dispense with this renewal requirement provided the organization certifies its continuing compliance with the Regulation (App. A).

To ensure that NRTLs are meeting the requirements of the Regulation, the Agency attempts to conduct audits (assessments) of each NRTL annually. The Regulation provides for the conduct of these audits in 29 CFR 1910.7(f). OSHA also conducts assessments in conjunction with initial, expansion, and renewal applications (App. A). During assessments, an NRTL or applicant provides OSHA with standard written information to evaluate its compliance with the requirements for recognition. Assessments help ensure that equipment, products, or material used by employers to comply with OSHA’s standards are safe to use.

The NRTL Program has a fee schedule associated with initial recognition, program expansion, renewals of recognition, and on-site audits (29 CFR 1910.7(f)), which can be found at https://www.osha.gov/nationally-recognized-testing-laboratory-program/schedule. To facilitate the payment of fees and reduce the burden on NRTLs, the agency utilizes an electronic payment mechanism on Pay.gov. For each transaction on this site, users are required to complete a short payment form.

The NRTL Program schedule of fees for the NRTL Program is listed in Item 13. For more detail on how OSHA derived the schedule of fees, please see the 2019 Federal Register notice revising the schedule of fees, 84 FR 49336. As explained in detail in Item 13 of the supporting statement, OSHA derives the estimated cost burden to respondents or recordkeepers resulting from the collection of information in large part from the schedule of fees.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.

An initial recognition application, along with information obtained during a related assessment, allows the Agency to evaluate an organization’s capability to test and examine equipment, products, or material for safety, and to meet other qualification requirements specified in the Regulation. An expansion of recognition application, along with information obtained during a related assessment, permits OSHA to determine whether an NRTL can perform additional categories of NRTL testing or whether additional sites should be recognized. A request for renewal, along with information obtained during a related assessment, permits OSHA to determine whether an NRTL’s recognition should be renewed. Other assessments of NRTLs (i.e., audits) permit OSHA to determine whether NRTLs continue to meet the requirements of the NRTL Program regulation. The use of electronic fee submissions, through Pay.gov, facilitates the payment of fees by, and reduces the burden, on NRTLs and reduce OSHA’s administrative burden with respect to the processing of fee payments.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burdens.

OSHA provides respondents with the opportunity to reduce burdens through the use of information technology to prepare and submit collections of information required by the Regulation. To this end, OSHA uses standardized optional forms (OMB Control No. 1218-0147), to facilitate and simplify the information collection process. The optional forms are available on OSHA’s website, and correspond to the application, expansion, and renewal processes described in item 1, above. The forms provide for automations such as drop-down lists to increase ease of use and reduce the information collection burden.

In some cases, OSHA supplements or replaces an on-site assessment of an NRTL with an electronic assessment using web technology and teleconferencing capabilities. This option, when used, reduces the cost burden on respondents. As explained more fully in Item 13, respondents bear costs resulting from the collections of information required by the Regulation in the form of fees paid to OSHA for the various NRTL-related services OSHA provides. These fees include payment for the time and expenses associated with OSHA personnel travel for the conduct of assessments. The use of electronic assessments reduces or eliminates these travel-related costs. OSHA notes that, for the purpose of computing costs in Item 13, OSHA assumes that all assessments involve travel. These are conservative estimates because, again, some assessments do not involve travel, or involve reduced travel.

Finally, forms posted on Pay.gov to facilitate fee collection are in an electronic format only and apply only when an NRTL is using the service to submit a fee.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in Item 2 above.

The paperwork requirements of the Regulation involve the submission of information that is specific to each respondent involved. Therefore, no similar information is available, or can be made available, to OSHA that would duplicate the collections of information submitted by each respondent. For example, a respondent that chooses to voluntarily complete and submit an application for initial recognition, expansion of recognition, or renewal of recognition is the only source for the unique information that would be contained in that particular application.

5. If the collection of information impacts small businesses or other small entities, describe the methods used to reduce the burden.

OSHA concludes that the information collection requirements of the Regulation do not have a significant impact on a substantial number of small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Without the collections of information required by the Regulation, OSHA could not effectively and efficiently determine an organization’s capability to test and examine equipment, products, or materials for safety, and to meet other qualification requirements specified in the Regulation. The Agency believes that the five-year span for submitting a renewal-of-recognition application provides NRTLs with an incentive to maintain their testing and certification capabilities.¹ These provisions help to ensure that equipment, products, or material used by employers in complying with the Agency’s standards are safe.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the Agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the Agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

No special circumstances exist that require respondents to collect information in the manner described in this item. While respondents may submit proprietary trade secret, or other confidential information in responding to collections of information required by the Regulation, the relevant law, as well as OSHA and Department of Labor policies and procedures, fully protect that information's confidentiality to the extent permitted by law (see, e.g., 29 CFR Part 70 (Department of Labor regulations on the production or disclosure of information or materials, including Freedom of Information Act regulations); 29 U.S.C. 664 (Occupational Safety and Health Act provision protecting the confidentiality of trade secrets)).

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the Agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that mitigate consultation in a specific situation. These circumstances should be explained.

As required by the Paperwork Reduction Act (44 U.S.C. 3506(c)(2)(A)), OSHA published a Federal Register notice on May 28, 2021 (86 FR 28913), soliciting comments from the public and other interested parties on the information collection requirements contained in the NRTL program. The notice is part of a preclearance consultation program that provides the general public and government agencies with an opportunity to comment on the previously approved collections of information found in the Standard. The agency did not receive any comments to this notice.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

The Agency will not provide payments or gifts to the respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy.

The Agency provides no assurance of confidentiality regarding the information included in paperwork required by the Regulation. However, while respondents may submit proprietary trade secret, or other confidential information in responding to collections of information required by the Regulation, the relevant law, as well as OSHA and Department of Labor policies and procedures, fully protect that information's confidentiality to the extent permitted by law (see, e.g., 29 CFR Part 70 (Department of Labor regulations on the production or disclosure of information or materials, including Freedom of Information Act regulations); 29 U.S.C. 664 (Occupational Safety and Health Act provision protecting the confidentiality of trade secrets)).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

None of the provisions in the Regulation requires respondents to include sensitive information in their applications and notices.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form, and aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collection of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

Based on recent experience, OSHA estimates that each year, three organizations submit initial recognition applications, seven NRTLs submit expansion of recognition applications, and three NRTLs submit renewal of recognition applications. The expansion of recognition applications may entail the use of additional testing categories or the use of additional testing or certification facilities.

In addition, based on recent experience, the Agency estimates it conducts 60 annual assessments, including 47 audits. To derive the estimate of 60 assessments, OSHA assumed that it would also conduct an assessment in conjunction with each of the three applications for initial recognition, each of the seven applications for expansion of recognition, and each of the three applications for renewal of recognition OSHA estimates respondents file annually. This is a conservative estimate. In fact, the Agency knows, based on recent experience, that an assessment is only conducted in conjunction with one of the three applications for initial recognition, on average. The other two applications are usually rejected before the time for assessment arrives due to failure to comply with NRTL Program Requirements. In addition, OSHA generally does not conduct an on-site assessment for an expansion application unless the application involves new areas of testing for the NRTL or areas of concern to OSHA. Finally, OSHA generally does not conduct an on-site assessment in conjunction with the NRTL’s application for renewal unless OSHA has not conducted an on-site assessment of both the NRTL headquarters and any recognized sites that have unique capabilities crucial to the NRTL’s scope within the previous 18 months.

OSHA also estimates 73 electronic fee submissions per year. To derive this estimate, OSHA assumed there would be an electronic fee submission in conjunction with each of the three applications for initial recognition, each of the seven applications for expansion of recognition, and each of the three applications for renewal of recognition OSHA estimates respondents file annually, and each of the 60 assessments OSHA estimates it conducts annually.

OSHA estimates the average burden hours per transaction (i.e., per each application, fee submission, or assessment), as follows: 160 hours per each initial recognition application; 10 hours per each expansion of recognition application (additional testing categories); 24 hours per each expansion of recognition application (additional testing sites); 5 hours per each renewal of recognition application; 15 minutes (15/60 hour) per each electronic fee submission; and 16 hours per each assessment. OSHA based its estimates of burden hours for applications and assessments on projections of time, effort or other resources needed by NRTLs or applicants to provide information needed to evaluate their applications. OSHA based its estimate of burden hours for electronic fee submissions on numerous trials it conducted during the initial testing phases of pay.gov; OSHA concluded, based on those trials, that it takes no longer than 15 minutes (15/60 hour) to submit a fee electronically via Pay.gov. OSHA, therefore, believes its estimates of burden hours are reasonable.

Table A below provides a summary of the burden hour and cost estimates required for organizations to complete these paperwork requirements. The agency’s currently approved burden hours estimate for these requirements is 1,523 hours, and this requested revision would increase this amount by 49 burden hours to 1,572.

Burden hours are based on not using the optional standardized forms referenced above. The Agency expects that the use of the optional standardized forms would marginally reduce the burden hours associated with information collection.

Wage Rates

The Agency determined the wage rate from mean hourly wage earnings to represent the cost of the employee time. For the relevant standard occupational classification category, OSHA used the wage rates reported in the Bureau of Labor Statistics, U.S. Department of Labor, Occupational Employment Statistics (OES), May 2020 [date accessed: May 12, 2021]. (OES data is available at: https://www.bls.gov/oes/tables.htm. To access a wage rate, select the year, “Occupation Profiles,” and the Standard Occupational Classification (SOC) code.)

To account for the fringe benefits, the Agency used the Bureau of Labor Statistics’ (BLS) Occupational Employment Statistics (OES) (2020). Fringe markup is from the following BLS release: Employer Costs for Employee Compensation news release text; For release 10:00 AM (EDT), March 18, 2021; Link: https://www.bls.gov/news.release/archives/ecec_03182021.pdf. BLS reported that for civilian workers, fringe benefits accounted for 31.3 percent of total compensation and wages accounted for the remaining 68.7 percent. To calculate the loaded hourly wage for each occupation, the Agency divided the mean hourly wage by 68.7 percent. The wage hour estimates are summarized in Table 1.

TABLE 1 WAGE HOUR ESTIMATES
Occupational Title	Standard Occupational Code	Mean Hour Wage Rate (A)	Fringe Benefits Multiplier (B)	Loaded Hourly Wage Rate C=A/(1-B)
Electrical Engineer	17-2071	$50.96	.313	$74.18

Table A: Summary of Burden-Hour and Cost Estimates to Complete Paperwork
Information Collection Requirement	Number of Orgs.2 A	Average Frequency (Average Number of Transactions1 per Org.2) B = C/A	Number of Responses C	Burden Hour Per Transaction D	Total Burden Hours E = C x D	Wage/Hour Cost F	Total Cost G =E x F
Initial Recognition Applications	3	1	3	160	480	$74.18	$35,606.40
Expansion of Recognition Applications (additional testing categories)	5	1	5	10	50	$74.18	$3,709.00
Expansion of Recognition Applications (additional testing sites)	2	1	2	24	48	$74.18	$3,560.64
Renewal of Recognition Applications	3	1	3	5	15	$74.18	$1,112.70
Electronic Fee Submission	23	3.17	72.91	15/60	18.23	$74.18	$1,352.30
Assessments	23	2.61	60.03	16	960.48	$74.18	$71,248.41
Totals			145.94		1,571.71		$116,589.45

¹ A “transaction” is an application, a fee submission, or an assessment.

² “Org.” and “Orgs.” refer to “Organization” and “Organizations,” respectively. For applications, an organization that engages in more than one transaction per year is counted as a separate organization for each transaction for the purpose of this analysis. OSHA based the number of organizations for Electronic Fee Submissions and Assessments on the current number of NRTLS (20) plus the number of organizations seeking initial recognition (3).

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in item 12 and 14.)

• The cost estimate should be split into two components: (a) A total capital and start‑up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start‑up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60‑day pre‑OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) Prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the government; or (4) as part of customary and usual business or private practices.

Respondents bear costs resulting from the collections of information required by the Regulation in the form of fees paid to OSHA for the various NRTL-related services OSHA provides. Tables

2 through 5 summarize the fees associated with respondents filing the following applications

associated with NRTL recognition, as well as the hours OSHA and Solicitor of Labor personnel spend to process these applications:

Table 1 NRTL Program Staff – Hourly Rate Calculation

Table 2 Initial Recognition Applications;

Table 3 Expansion of Recognition Applications (additional testing categories);

Table 4 Expansion of Recognition Applications (additional testing sites); and

Table 5 Renewal of Recognition Applications.

Tables 6 through 10 summarize the fees associated with the following assessments of respondents by OSHA personnel, as well as the hours OSHA personnel spend conducting these assessments:

Table 6 Assessments for Initial Recognition Applications;

Table 7 Assessments for Expansion of Recognition Applications (additional testing categories);

Table 8 Assessments for Expansion of Recognition Applications (additional testing sites);

Table 9 Assessments for Renewal of Recognition Applications; and

Table 10 Assessments for Audits.

Table 11 derives the total annual costs to respondents resulting from the collections of information required by the Regulation, as follows: OSHA estimates the total number of annual transactions for each transaction type in Tables 2 through 10 (i.e., applications or assessments); OSHA then derives the total annual cost for each transaction type by multiplying the total estimated transactions for each type by the corresponding cost for a single transaction of that type (as derived in Tables 2 through 10, as applicable); OSHA finally tallies the total annual costs to respondents by adding together the total annual cost for each type.

Unless otherwise noted in the tables, all hours and costs are derived from OSHA’s fee schedule (84 FR 49336, Sept. 19, 2019). Where hours and costs are derived from the fee schedule, any differences between costs or hours estimated for this analysis and fees or hours in the proposed fee schedule are due to differences in rounding methodology. OSHA considers any such differences to be negligible.

Table B: NRTL Proposed Program Fee Schedule

Fee Category	Fee Activity	Fee
Administrative Evaluation	Initial application – Limited review	$4,160
	Expansion application – Limited review	$2,490
	Renewal request review	$1,660
Technical Evaluation	Initial application – Detailed management procedures review	$8,320
	Initial or Expansion application - Testing capability review (per standard)	$2,490
	Initial or Expansion application - Site capability review (per site)	$2,490
Assessment	Assessment preparation and close out (per lead auditor, per site)	$5,610
	Assessment preparation and close out (per assistant auditor, per site)	$3,320
	Assessment – per day at office, on-site, or on travel (per auditor, per site)	$830 plus travel expenses
Federal Register Notices	Federal Register notices – initial application	$5,500
	Federal Register notices – renewal or expansion application	$3,180
Miscellaneous	Late Fees	$210
	Other activities or services not specifically described (per hour)	$104

Table 1: NRTL Program Staff – Hourly Rate Calculation

Description
OSHA Direct Costs	$579,383
OSHA Ancillary Costs	$287,541
OSHA Total Costs of NRTL Program, excluding travel (TPC)	$866,924
OSHA Direct Staff Annual Hours (DSH)	8,352
OSHA Hourly rate (TPC divided by DSH)	$104

Source, Table 1, 84 FR 49336, Sept. 19, 2019.

Table 2: Initial Recognition Applications

Hours and Cost per Application (i.e., Transaction):

Category	Federal Government Hours	Hourly Rate (Rounded)	Cost
Initial Application - Limited review	40	$104	$4,160
Initial Application - Management Procedures review	80	$104	$8,320
Initial Application - Testing capability review (assuming two standards per transaction, on average, based on OSHA staff experience)	48	$104	$4,992
Initial Application - Site capability review (assuming one site per transaction, on average, based on OSHA staff experience)	24	$104	$2,496
Initial Application Federal Register notice preparation	20	$104	$4,080*
Initial Application Federal Register notice legal review	16	$89	$1,424
TOTALS	228		$25,472

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

* Includes estimated Office of Federal Register (OFR) processing fees: $2,000 per initial application notice, or $810 per expansion and renewal notice, as applicable.²

Table 3: Expansion of Recognition Applications (additional testing categories)

Hours and Cost per Application (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Expansion Application - Limited review	24	$104	$2,496
Expansion Application - Testing capability review (assuming one standard per transaction, on average, based on OSHA staff experience)	24	$104	$2,496
Expansion Application Federal Register notice preparation	16	$104	$2,474*
Expansion Application Federal Register notice legal review	8	$89	$712
TOTALS	72		$8,178

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

* Includes estimated Office of Federal Register (OFR) processing fees: $2,000 per initial application notice, or $810 per expansion and renewal notice, as applicable.

Table 4: Expansion of Recognition Applications (additional testing sites)

Hours and Cost per Application (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Expansion Application - Limited review	24	$104	$2,496
Expansion Application - Site capability review (assuming one site per transaction, on average, based on OSHA staff experience)	24	$104	$2,496
Expansion Application Federal Register notice preparation	16	$104	$2,474*
Expansion Application Federal Register notice legal review	8	$89	$712
TOTALS	72		$8,178

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

* Includes estimated Office of Federal Register (OFR) processing fees: $2,000 per initial application notice, or $810 per expansion and renewal notice, as applicable.

Table 5: Renewal of Recognition Applications

Hours and Cost per Application (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Renewal request review	16	$104	$1,664
Renewal Application Federal Register notice preparation	16	$104	$2,474*
Renewal Application Federal Register notice legal review	8	$89	$712
TOTALS	40		$4,850

Source, 84 FR 49336, Sept. 19, 2019.

* Includes estimated Office of Federal Register (OFR) processing fees: $2,000 per initial application notice, or $810 per expansion and renewal notice, as applicable.

Table 6: Assessments for Initial Recognition Applications

Hours and Cost, Initial Recognition Application, per Assessment (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Assessment preparation and close out, lead auditor	54	$104	$5,616
Assessment preparation and close out, assistant auditor(s)	32	$104	$3,328
Each day on-site or at office (assuming 2 auditors for 3 days, on average, see Table 2, 76 FR 10500, 02/25/2011)	48	$104	$4,992
Travel time (assuming 2 auditors, on average, see Table 2, 76 FR 10500, 02/25/2011, and 1 day travel for each auditor, on average, based on OSHA staff experience)1	16	$104	$1,664
Travel expenses (assuming travel for 2 auditors, on average, see Table 2, 76 FR 10500, 02/25/2011, for 3 nights, on average, based on OSHA staff experience)2	N/A		$3,452
TOTALS	150		$18,852

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

¹ Estimates for travel time and expenses are conservative, as not every transaction involves travel.

² Travel expenses include expenses for hotel, air transportation, ground transportation, and per diem. See 84 FR 49336, Sept. 19, 2019. OSHA estimates average travel expenses of $1,000 per auditor for air transportation, $142 per auditor per day for hotel and per diem, and $100 for ground transportation for each day on-site and each travel day (assuming all auditors share ground transportation).

Table 7: Assessments for Expansion of Recognition Applications (additional testing categories)

Hours and Cost, Expansion of Recognition Application (additional testing categories), per Assessment (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Assessment preparation and close out, lead auditor	54	$104	$5,616
Assessment preparation and close out, assistant auditor(s) (assuming -0- assistant auditors, on average, based on OSHA staff experience)	0		$0
Each day on-site or at office (assuming 1 auditor, on average, based on OSHA staff experience, for 1 day, on average, see Table 4, 76 FR 10500, 02/25/2011)	8	$104	$832
Travel time (assuming 1 auditor, on average, based on OSHA staff experience, and 1 day travel for each auditor, on average, based on OSHA staff experience)1	8	$104	$832
Travel expenses (assuming travel for 1 auditor, on average, based on OSHA staff experience, for 1 night, on average, based on OSHA staff experience)2	N/A		$1,342
TOTALS	70		$8,622

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

¹ Estimates for travel time and expenses are conservative, as not every transaction involves travel.

² Travel expenses include expenses for hotel, air transportation, ground transportation, and per diem. See 84 FR 49336, Sept. 19, 2019. OSHA estimates average travel expenses of $1,000 per auditor for air transportation, $142 per auditor per day for hotel and per diem, and $100 for ground transportation for each day on-site and each travel day (assuming all auditors share ground transportation).

Table 8: Assessments for Expansion of Recognition Applications (additional testing sites)

Hours and Cost, Expansion of Recognition Application (additional testing sites), per Assessment (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Assessment preparation and close out, lead auditor	54	$104	$5,616
Assessment preparation and close out, assistant auditor(s) (assuming -0- assistant auditors, on average, see Table 3, 76 FR 10500, 02/25/2011)	0		$0
Each day on-site or at office (assuming 1 auditor for 3 days, on average, see Table 3, 76 FR 10500, 02/25/2011)	24	$104	$2,496
Travel time (assuming 1 auditor, on average, see Table 3, 76 FR 10500, 02/25/2011, and 1 day travel for each auditor, on average, based on OSHA staff experience)1	8	$104	$832
Travel expenses (assuming travel for 1 auditor, on average, see Table 3, 76 FR 10500, 02/25/2011, for 3 nights, on average, based on OSHA staff experience)2	N/A		$1,826
TOTALS	86		$10,770

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

¹ Estimates for travel time and expenses are conservative, as not every transaction involves travel.

² Travel expenses include expenses for hotel, air transportation, ground transportation, and per diem. See 84 FR 49336, Sept. 19, 2019. OSHA estimates average travel expenses of $1,000 per auditor for air transportation, $142 per auditor per day for hotel and per diem, and $100 for ground transportation for each day on-site and each travel day (assuming all auditors share ground transportation).

Table 9: Assessments for Renewal of Recognition Applications

Hours and Cost, Renewal of Recognition Application, per Assessment (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Assessment preparation and close out, lead auditor	54	$104	$5,616
Assessment preparation and close out, assistant auditor(s) (assuming -0- assistant auditors, on average, based on OSHA staff experience)	0		$0
Each day on-site or at office (assuming 1 auditor, on average, based on OSHA staff experience, for 3 days, on average, see Table 4, 76 FR 10500, 02/25/2011)	24	$104	$2,496
Travel time (assuming 1 auditor, on average, based on OSHA staff experience, and 1 day travel for each auditor, on average, based on OSHA staff experience)1	8	$104	$832
Travel expenses (assuming travel for 1 auditor, on average, based on OSHA staff experience, for 3 nights, on average, based on OSHA staff experience)2	N/A		$1,826
TOTALS	86		$10,770

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

¹ Estimates for travel time and expenses are conservative, as not every transaction involves travel.

² Travel expenses include expenses for hotel, air transportation, ground transportation, and per diem. See 84 FR 49336, Sept. 19, 2019. OSHA estimates average travel expenses of $1,000 per auditor for air transportation, $142 per auditor per day for hotel and per diem, and $100 for ground transportation for each day on-site and each travel day (assuming all auditors share ground transportation).

Table 10: Assessments for Audits

Hours and Cost, Audit, per Assessment (i.e., Transaction):

Category	Hours	Wage Hour Estimate (Rounded)	Cost
Assessment preparation and close out, lead auditor	54	$104	$5,616
Assessment preparation and close out, assistant auditor(s) (assuming -0- assistant auditors, on average, see Table 5, 76 FR 10500, 02/25/2011)	0		$0
Each day on-site or at office (assuming 1 auditor for 2 days, on average, see Table 5, 76 FR 10500, 02/25/2011)	16	$104	$1,664
Travel time (assuming 1 auditor, on average, see Table 5, 76 FR 10500, 02/25/2011, and 1 day travel for each auditor, on average, based on OSHA staff experience)1	8	$104	$832
Travel expenses (assuming travel for 1 auditor, on average, see Table 5, 76 FR 10500, 02/25/2011, for 2 nights, on average, based on OSHA staff experience)2	N/A		$1,584
TOTALS	78		$9,696

Source, 84 FR 49336, Sept. 19, 2019, except where noted.

¹ Estimates for travel time and expenses are conservative, as not every transaction involves travel.

² Travel expenses include expenses for hotel, air transportation, ground transportation, and per diem. See 84 FR 49336, Sept. 19, 2019. OSHA estimates average travel expenses of $1,000 per auditor for air transportation, $142 per auditor per day for hotel and per diem, and $100 for ground transportation for each day on-site and each travel day (assuming all auditors share ground transportation).

Table 11: Total Costs to Respondents Resulting from Collections of Information

Category	Total Number Of Transactions per Category1 A	Cost Per Transaction2 B	Total Cost C = A x B
Initial Recognition Applications	3	$25,472	$76,416
Expansion of Recognition Applications (additional testing categories)	5	$8,178	$40,890
Expansion of Recognition Applications (additional testing sites)	2	$8,178	$16,356
Renewal of Recognition Applications	3	$4,850	$14,550
Assessments for Initial Recognition Applications	3	$18,852	$56,556
Assessments for Expansion of Recognition Applications (additional testing categories)	5	$8,622	$43,110
Assessments for Expansion of Recognition Applications (additional testing sites)	2	$10,770	$21,540
Assessments for Renewal of Recognition Applications	3	$10,770	$32,310
Assessments for Audits	47	$9,696	$455,712
Totals	73		$757,440

¹ For information on how OSHA derived the total number of transactions per category (i.e., per category of application or assessment, as applicable), please see Table A and the associated text describing that table.

² For information on how OSHA derived the cost per transaction, please see Tables 2 through 10.

Respondents bear costs resulting from the collections of information required by the NRTL Program Regulation in the form of fees paid to OSHA for the various NRTL-related services OSHA provides. Table 11, above, provides a summary of these estimated annual costs, including costs to respondents associated with OSHA’s processing initial-recognition, expansion-of-recognition, and renewal-of-recognition applications, as well as assessments associated with these applications and assessments for audits.

The total annual burden cost to respondents under the existing, previous approval of the existing information collection requirements by OMB is $728,352 (see 83 FR 30779, June 29, 2018). Thus, as shown in Table 11 above, the Agency requests a $29,088 program change increase in the total annual cost burden to respondents resulting from the collection of information, bringing the total cost burden to respondents to $757,440.

14. Provide estimates of the annualized cost to the Federal Government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 into single table.

There are no costs to the Federal Government, as all costs are passed through to respondents (see Item 13).

15. Explain the reasons for any program changes or adjustments reported.

The agency recognizes three additional NRTLs, bringing the total number of recognized laboratories to 23 This revised estimate accounts for the increased burden hours to complete paperwork, from 1,523 to 1,572 (see Table A)

The agency revised the estimate of the number of audits it conducts each year upward, from 44 to 47. The increase in audits results in a $29,088 adjustment increase, increasing the total annual cost burden to respondents from $728,352 to $757,440 (see Table 11).

16. For collections of information whose results will be published, outline plans for tabulations and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of the report, publication dates, and other actions.

OSHA will not publish tabulations or compilations of the information collected under the Regulation.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

OSHA is not seeking such approval.

18. Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification statement.

1The Agency limits the scope of review during audits to an evaluation of some, but not all, of the testing and certification activities of an NRTL (e.g., the number of tests performed and the accuracy of testing documentation). During a few of these audits, OSHA also evaluates revisions made by the NRTL to its testing procedures. The review of renewal of recognition applications can involve a more extensive evaluation of a NRTL’s testing and certification activities to ensure that it continues to meet the requirements specified by paragraph 29 CFR 1910.7(b).

2The OFR charges Federal agencies a per column rate for publishing Federal Register notices. See http://www.archives.gov/federal-register/write/conference/publishing-billing.pdf. OSHA derived an estimated average processing fee based on the number of columns in typical Federal Register notices published for the NRTL Program.

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