Nationally Recognized Testing Laboratories; Proposed Satellite Notification and Acceptance Program, 21378-21381 [E8-8430]
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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Notices
procedures by which manufacturers
may apply for and have equipment
approved as ‘‘permissible’’ for use in
mines.
II. Desired Focus of Comments
Currently, the Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the proposed
extension of the information collection
requirement related to testing,
evaluation, and approval of Mining
Products. MSHA is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of MSHA’s
functions, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Address the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, (e.g., permitting electronic
submissions of responses)to minimize
the burden of the collection of
information on those who are to
respond.
A copy of the proposed information
collection request can be obtained by
contacting the employee listed in the
ADDRESSES section of this notice or
viewed on the Internet by accessing the
MSHA home page (https://
www.msha.gov/) and selecting ‘‘Rules
and Regs’’, and then selecting ‘‘Fed Reg
Docs.’’
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III. Current Actions
Title 30 CFR parts 6 through 36
require that an investigation leading to
approval or certification will be
undertaken by the A&CC at the MSHA
only pursuant to a written application
accompanied by prescribed drawings
and specifications identifying the piece
of equipment. This information is used
by engineers and scientists to evaluate
the design in conjunction with tests to
assure conformance to standards prior
to approval for use in mines.
Type of Review: Extension.
Agency: Mine Safety and Health
Administration.
Title: Permissible Equipment Testing.
OMB Number: 1219–0066.
Affected Public: Business or other forprofit.
Respondents: 262.
Responses: 733.
Total Burden Hours: 4302.
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Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $1,671,381.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated at Arlington, Virginia, this 16th day
of April, 2008.
David L. Meyer,
Director, Office of Administration and
Management.
[FR Doc. E8–8541 Filed 4–18–08; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0053]
Nationally Recognized Testing
Laboratories; Proposed Satellite
Notification and Acceptance Program
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
SUMMARY: The Occupational Safety and
Health Administration (OSHA) requests
comment on a new segment being
proposed under its Nationally
Recognized Testing Laboratory (NRTL)
Program. This segment is called the
Satellite Notification and Acceptance
Program, and participation by NRTLs in
the program is voluntary. The
description for this program specifies
the criteria and conditions under which
any NRTL may control and audit certain
facilities in order to perform particular
functions at those facilities.
DATES: You must submit information or
comments by the following dates:
• Hard copy: postmarked or sent by
May 21, 2008.
• Electronic transmission or
facsimile: sent by May 21, 2008.
ADDRESSES: You may submit comments
by any of the following methods:
Electronically: You may submit
comments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
Fax: If your submissions, including
attachments, are not longer than 10
pages, you may fax them to the OSHA
Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger or courier service: You must
submit three copies of your comments
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to the OSHA Docket Office, Docket No.
OSHA–2007–0053, U.S. Department of
Labor, Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA Docket No.
OSHA–2007–0053). Submissions,
including any personal information you
provide, are placed in the public docket
without change and may be made
available online at https://
www.regulations.gov.
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
www.regulations.gov index, however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Extension of Comment Period: Submit
requests for extensions concerning this
notice to the Office of Technical
Programs and Coordination Activities,
NRTL Program, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Room N–3655, Washington, DC
20210. Or, fax to (202) 693–1644.
FOR FURTHER INFORMATION CONTACT:
MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination
Activities, NRTL Program, Occupational
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–3655,
Washington, DC 20210, or phone (202)
693–2110. Our Web page includes
information about the NRTL Program
(see https://www.osha.gov and select ‘‘N’’
in the site index).
SUPPLEMENTARY INFORMATION:
Introduction
The Occupational Safety and Health
Administration (OSHA) is proposing a
new operational segment under its
Nationally Recognized Testing
Laboratory (NRTL) Program; it will be
called the Satellite Notification and
Acceptance Program (SNAP). This new
segment would allow NRTLs to use
facilities referred to as ‘‘SNAP sites,’’
which they control and audit, in order
to perform particular functions
necessary in the NRTL’s testing and
certification operations. These functions
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are called ‘‘certification functions’’ in
this notice. NRTLs would need to meet
certain criteria and conditions to be
approved by OSHA for SNAP.
SNAP would become the NRTL
Program’s ninth ‘‘supplemental
program’’; the supplemental programs
are one of the three elements of the
NRTL scope of recognition. In general,
these supplemental programs permit a
qualified NRTL to use the services or
activities of other parties or facilities for
purposes of testing and certifying
products. The initial eight programs
were formally established by OSHA for
the NRTL Program through publication
of their description in the Federal
Register (see 60 FR 12980, March 9,
1995). That notice set forth the criteria
and conditions that an NRTL must meet
to use a particular program. More
information about supplemental
programs is given later in this notice
and is also available under Chapter 2 of
the NRTL Program Policies, Procedures,
and Guidelines (referred to as NRTL
Program Directive or NRTL Directive,
for short), which may be found at
https://www.osha.gov/dts/otpca/nrtl/
index.html. Use of any of these
supplemental programs by any NRTL is
voluntary.
In this notice, we provide background
about the NRTL Program, for those
unfamiliar with the program, and then
follow with the description of SNAP.
The detailed program description of
SNAP is available for viewing or
downloading at the above Web page
link.
This notice is published to provide
the public with an opportunity to
comment on OSHA’s pending action.
This action does not change any of the
requirements for NRTLs, found under
29 CFR 1910.7, or any of the OSHA
requirements for approval of particular
products by NRTLs. SNAP is an internal
policy, which would be made part of the
NRTL Directive and thus become an
NRTL Program policy. The Agency is
requesting public comment on this
action in the interest of providing a
formal opportunity for input by NRTLs
and the public. OSHA obtained informal
comments from NRTLs on a draft
version of SNAP prior to publication of
this notice.
Background on NRTLs
Many of OSHA’s standards require
that certain types of workplace
equipment be approved (i.e., tested and
certified) by an NRTL. For example, 29
CFR 1910.303(a) (read together with the
definitions of ‘‘approved’’ and
‘‘acceptable’’ in 29 CFR 1910.399)
generally requires such approval for
electrical equipment or products.
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OSHA’s requirement for approval helps
to ensure that products are safe for use
in the workplace.
NRTLs are qualified organizations
that are recognized under the Agency’s
NRTL Program as meeting the
requirements in 29 CFR 1910.7 to
perform independent (i.e., third-party)
product safety testing and certification.
To be recognized by OSHA as an NRTL,
an organization must: (1) Have the
appropriate capability to test and
evaluate products for workplace safety
purposes; (2) be completely
independent of the manufacturers,
vendors, and major users of the
products for which OSHA requires
certification; (3) have internal programs
that ensure proper control of the testing
and certification process; and (4)
establish effective reporting and
complaint handling procedures (29 CFR
1910.7(b)).
OSHA’s NRTL recognition process
involves a thorough analysis of an
organization’s policies and procedures
to ensure that it meets all of the
requirements of 29 CFR 1910.7. OSHA
also performs a comprehensive on-site
review of the applicant’s testing and
certification facilities. After initial
recognition, the Program staff also
conduct annual on-site audits to ensure
that the NRTLs adequately perform their
testing and certification activities and
maintain the quality of those operations.
The recognition process is described
in Appendix A to 29 CFR 1910.7, which
is further explained in Chapters 2
through 6 of the NRTL Program
Directive (CPL 01–00–003—CPL 1–0.3).
All of these documents are available
through the Program’s Web site (see
https://www.osha.gov/dts/otpca/nrtl/
index.html).
Each NRTL is approved for a scope of
recognition which identifies: (1) The
types of products the NRTL may
approve, (2) the NRTL’s ‘‘recognized
sites’’ which are the NRTL’s whollyowned sites that can perform the full
range of product testing and
certification activities necessary in
approving those products, and (3)
‘‘supplemental programs’’ through
which the NRTL can use other resources
in performing activities necessary for
product testing and certification. To
date, the ‘‘supplemental programs’’
mainly have allowed the NRTL’s
recognized sites to accept (i.e., use)
other-party product testing, specifically
testing performed by non-NRTL
independent testing labs and by product
manufacturers.
As indicated above, to be recognized,
the NRTL must be capable of performing
two key operations in approving
products: testing and certification or,
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more broadly, operating a product
safety-testing program and a productcertification program. The latter
program, for purposes of OSHA
requirements, consists of listing/labeling
and follow-up inspection programs.
While both operations are necessary for
approval, the NRTL’s certification
program is fundamentally important to
the control of the approval process. Not
only does this program involve the
issuance of the initial certification, but
through it the NRTL also gains
assurance that all manufactured units of
the product have the same safety
features as the unit initially tested and
certified.
Although OSHA does not require
NRTLs to perform all testing
themselves, our policy has restricted
them to perform certain ‘‘certification
functions’’ only at their recognized sites.
The rationale for such a limitation was
that OSHA initially evaluated the
NRTL’s resources and capabilities to
perform these functions at those specific
sites and then monitored the NRTL’s
performance of these critical functions
during its audits of those sites.
However, responding to industry needs
to perform these functions at other
locations, OSHA would adopt a new
NRTL Program policy allowing NRTLs
to use special unrecognized sites to
perform certification functions and, if
qualified, product testing too. We would
allow this use by implementing a new
supplemental program, called the
Satellite Notification and Acceptance
Program (SNAP). Before describing the
new program, and the functions allowed
under it, we further explain what we
mean by ‘‘supplemental programs.’’
As noted above, these supplemental
programs allow the NRTLs to use other
qualified parties to perform a particular
activity, and to date most of these
programs have allowed NRTLs to accept
(i.e., use) other-party product testing. To
be approved to use a program, NRTLs
must apply to OSHA which determines
if they meet the applicable criteria or
conditions for the program. Approval to
use any program is unrelated to OSHA’s
determination of whether an NRTL
meets the requirements for recognition
under 29 CFR 1910.7. The supplemental
programs merely serve as a means for
OSHA to ensure that NRTLs engage in
certain activities only if they have met
certain criteria or conditions. Use of
supplemental programs by any NRTL is
voluntary.
Background on Relevant NRTL
Program Policy and New Program
Segment
When OSHA first implemented these
supplemental programs, it allowed long-
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standing practices of the product testing
and certification industry but defined
the necessary minimum elements for
their use. By doing this, OSHA
improved the effectiveness and uniform
application of these practices by all
NRTLs and assured that they would, in
testing and certifying products, properly
utilize the resources provided by other
parties. Use of a supplemental program
often reduces the time and cost
necessary for product approval, but the
NRTL must still exercise adequate
control to ensure that other parties are
performing their testing or other
activities appropriately.
OSHA has for many years allowed
NRTLs to use testing performed by other
NRTLs or by non-recognized facilities
(i.e., satellites) of the NRTL, again a
practice that was common in the
industry. The new supplemental
program being proposed today basically
expands the role that satellites perform
in the NRTL’s approval process.
In adopting this new program, OSHA
would allow NRTLs to engage in
activities that address challenges they
face in testing and certifying products
but, similar to other programs, defining
minimum criteria and conditions for
these activities. The proposed program
would permit a qualified NRTL to
perform certification activities at many
more locations than OSHA currently
allows. These additional locations could
also qualify testing locations and accept
test and evaluation data, activities that
OSHA had to date restricted to
recognized sites. This program also
could potentially expedite any NRTL’s
approval activities. Allowing the
program is a measured approach since
we do so with the clear objectives of
maintaining the effectiveness of our
NRTL monitoring and assuring that the
safety of NRTL approved products is not
compromised.
Like all supplemental programs, the
SNAP is yet another segment within the
NRTL Program. Similar to these
programs, the NRTL must apply to
OSHA and meet very specific criteria
before receiving approval to use SNAP.
The SNAP Program Description
describes these criteria, which specify a
series of controls and safeguards for
both the NRTL and OSHA. As another
similarity, to use any particular site as
a satellite under SNAP (which we call
a SNAP site), the NRTL must qualify it
to ensure that the site can perform one
or more of the allowable functions
covered under SNAP. However, these
SNAP sites would not be recognized
sites under the OSHA NRTL Program,
and thus would not be considered in
any determination regarding recognition
of the NRTL.
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In contrast to those other programs,
OSHA would audit the SNAP sites and
the NRTL site that centrally manages its
SNAP operations; the Agency does not
audit facilities which the NRTL
qualifies under one of the existing
programs, and would not audit those
qualified by SNAP sites, either. In
addition, OSHA could drop any NRTL
or satellite from SNAP if warranted due
to noncompliance with any conditions.
Any NRTL not approved to use SNAP
must perform the functions below only
at its recognized site(s).
NRTLs can always apply to OSHA to
‘‘convert’’ any of their satellites or
SNAP sites to a recognized site. We
would process this application as a
regular scope expansion, and thus grant
it if the site met the necessary
requirements.
The functions that could be
performed at a qualified SNAP site, each
briefly explained, are:
1. Qualify sites under Programs 2
through 7, or parties under Program 9,
which are all described in a March 9,
1995, FR notice (60 FR 12980).
Programs 2 through 7 involve the
NRTL’s acceptance or use of testing data
or product evaluations from other
parties, specifically independent labs
and product manufacturers. Under these
programs, NRTLs must ‘‘qualify’’ each
location (or site) generating the data or
evaluation. In qualifying it, NRTLs
ensure that a site meets the NRTL’s
internal criteria for the capability to
perform the work to be accepted or
used. Program 9 involves the NRTL
using other parties to perform services,
such as calibration of equipment or
follow-up inspections. NRTLs qualify
each supplier to ensure that it meets the
NRTL’s internal criteria for providing
the specific service. To date, only
recognized sites have performed such
activities, but SNAP sites could too.
2. Accept data under Programs 2
through 8 which are described in the
March 9, 1995, FR notice (60 FR 12980).
In accepting testing data or product
evaluations under Programs 2 through 8
(see above), the NRTL must have the
appropriate technical personnel for
review of the adequacy and accuracy of
the data. The NRTL must have clear
procedures on how to conduct the
review. Only recognized sites and SNAP
sites having these elements could
perform the acceptance.
3. Maintain or provide the only access
to primary product test and evaluation
files or records for any of the Programs.
The NRTL must have and make
available to OSHA the primary product
test and evaluation files or records for
its activities. Such documents are
essential to proper performance and
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review by the NRTL of its activities and
are fundamental to OSHA’s audit of
NRTLs. Current technology allows many
of these records to be converted to
electronic medium and made available
remotely. In addition, some records can
be stored by others or at locations
remote from the site where they were
originally generated. In short, a
recognized or SNAP site must either
maintain or provide access to these
records or files.
4. Perform the final technical review
or make the final decision on
certification of a product.
Performing the final technical review
or making the final decision on
certification of a product is the
culmination of the technical process for
product certification. This review or
decision must be made by well-qualified
technical staff and represents the
assurance that the product meets the
applicable provisions of the relevant test
standard. Such review is necessary
before the final decision can be made.
Only recognized sites and SNAP sites
having this capability could perform
this function.
5. Finally, under SNAP, OSHA would
allow SNAP sites that are wholly owned
by the NRTL to authorize the use of the
NRTL’s mark.
OSHA has long considered the
authorization by the NRTL to use its
mark as equivalent to the final decision
on certification and thus believes it is
appropriate to limit this activity to
SNAP sites that are wholly owned by
the NRTL. The NRTL should adequately
control this function since it should
only occur simultaneously or
concurrently with the final decision on
certification.
Acceptance of Applications and Final
Notice for SNAP
OSHA would begin accepting
applications from NRTLs for using
SNAP beginning 60 days from the date
of publication of the Federal Register
notice announcing the Agency’s formal
implementation of SNAP. Following
publication, we will invite Nationally
Recognized Testing Laboratories and
applicants for recognition to apply for
approval to use the SNAP. The program
description, and a letter sent to NRTLs
concurrently with publication of this
notice, is available through https://
www.osha-slc.gov/dts/otpca/nrtl/
index.html, the main Web site for the
NRTL Program.
OSHA welcomes public comments on
its proposal to adopt SNAP, including
any suggested changes to SNAP or any
alternative that is equivalent to it. Your
comments should consist of pertinent
written documents and exhibits. Should
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you need more time to comment, you
must request it in writing, including
reasons for the request. OSHA must
receive your written request for
extension at the address provided above
no later than the last date for comments.
OSHA will limit any extension to 30
days, unless the requester justifies a
longer period. You may obtain or review
documents related to this notice, as
received, by contacting OSHA’s Docket
Office (see ADDRESSES section above).
Docket No. OSHA–2007–0053 contains
all materials in the record concerning
OSHA’s NRTL SNAP Program.
OSHA will review all timely
comments and determine whether any
of them merit modification of the
elements of SNAP or delay in its
implementation.
Signed at Washington, DC, this 15th day of
April, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–8430 Filed 4–18–08; 8:45 am]
BILLING CODE 4510–26–P
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 08–03]
Notice of Quarterly Report (October 1,
2007—December 31, 2007)
quarter October 1, 2007 through
December 31, 2007 with respect to both
assistance provided under Section 605
of the Millennium Challenge Act of
2003 (Pub. L. 108–199, Division D (the
Act)), and transfers or allocations of
funds to other federal agencies pursuant
to Section 619(b) of the Act. The
following report shall be made available
to the public by means of publication in
the Federal Register and on the Internet
Web site of the MCC (https://
www.mcc.gov) in accordance with
Section 612(b) of the Act.
Millennium Challenge
Corporation.
SUMMARY: The Millennium Challenge
Corporation (MCC) is reporting for the
AGENCY:
ASSISTANCE PROVIDED UNDER SECTION 605
Projects
Obligated
Cumulative
disbursements
Objectives
Measures
Country: Madagascar
Year: 2008
Entity to which the assistance is provided: MCA Madagascar
Total Quarterly Disbursement: $0
$37,803,000 ............
Increase Land Titling and
Security.
$4,308,910 ..............
Finance Project ..........
$35,888,000 ............
Increase Competition in the
Financial Sector.
$3,599,784 ..............
Agricultural Business
Investment Project.
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Land Tenure Project ..
$17,683,000 ............
Improve Agricultural Projection Technologies and
Market Capacity in Rural
Areas.
$4,819,510 ..............
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Legislative proposal reflecting the National Land Tenure Program submitted
to Parliament and passed.
Number of land disputes reported and resolved in the target zones and sites of
implementation.
Percentage of land documents inventoried, restored, and/or digitized.
Average time and cost required to carry
out property transactions.
Percent of reported land conflicts resolved on titled land in zone 3, 4, 5
during the title regularization operations
Percentage of land in the zones that is
demarcated and ready for titling.
The number of savings accounts and outstanding value of accounts from primary banks.
Maximum check clearing delay.
Volume of funds in payment system and
number of transactions.
Increased public awareness of new financial instruments as measured by surveys within intervention zones and
large towns.
The amount of government debt issued
with maturities in excess of 52 weeks.
The number of new individual investors
buying government debt securities.
The number of bank branches of the
Central Bank of Madagascar capable
of accepting auction tenders.
Percentage of all loans included in the
central database.
Number of rural producers receiving or
soliciting information from Agricultural
Business Centers about the opportunities.
Intervention zones identified and description of beneficiaries within each zone
submitted.
Number of visitors receiving information
from National Coordinating Center with
respect to business opportunities.
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]]>Agencies
[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21378-21381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8430]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0053]
Nationally Recognized Testing Laboratories; Proposed Satellite
Notification and Acceptance Program
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA)
requests comment on a new segment being proposed under its Nationally
Recognized Testing Laboratory (NRTL) Program. This segment is called
the Satellite Notification and Acceptance Program, and participation by
NRTLs in the program is voluntary. The description for this program
specifies the criteria and conditions under which any NRTL may control
and audit certain facilities in order to perform particular functions
at those facilities.
DATES: You must submit information or comments by the following dates:
Hard copy: postmarked or sent by May 21, 2008.
Electronic transmission or facsimile: sent by May 21,
2008.
ADDRESSES: You may submit comments by any of the following methods:
Electronically: You may submit comments electronically at https://
www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for making electronic submissions.
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments to the OSHA Docket
Office, Docket No. OSHA-2007-0053, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries
(hand, express mail, messenger and courier service) are accepted during
the Department of Labor's and Docket Office's normal business hours,
8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA Docket No. OSHA-2007-0053). Submissions,
including any personal information you provide, are placed in the
public docket without change and may be made available online at http:/
/www.regulations.gov.
Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http:/
/www.regulations.gov index, however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Extension of Comment Period: Submit requests for extensions
concerning this notice to the Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3655, Washington, DC 20210. Or, fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or phone (202) 693-2110. Our Web page includes information about the
NRTL Program (see https://www.osha.gov and select ``N'' in the site
index).
SUPPLEMENTARY INFORMATION:
Introduction
The Occupational Safety and Health Administration (OSHA) is
proposing a new operational segment under its Nationally Recognized
Testing Laboratory (NRTL) Program; it will be called the Satellite
Notification and Acceptance Program (SNAP). This new segment would
allow NRTLs to use facilities referred to as ``SNAP sites,'' which they
control and audit, in order to perform particular functions necessary
in the NRTL's testing and certification operations. These functions
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are called ``certification functions'' in this notice. NRTLs would need
to meet certain criteria and conditions to be approved by OSHA for
SNAP.
SNAP would become the NRTL Program's ninth ``supplemental
program''; the supplemental programs are one of the three elements of
the NRTL scope of recognition. In general, these supplemental programs
permit a qualified NRTL to use the services or activities of other
parties or facilities for purposes of testing and certifying products.
The initial eight programs were formally established by OSHA for the
NRTL Program through publication of their description in the Federal
Register (see 60 FR 12980, March 9, 1995). That notice set forth the
criteria and conditions that an NRTL must meet to use a particular
program. More information about supplemental programs is given later in
this notice and is also available under Chapter 2 of the NRTL Program
Policies, Procedures, and Guidelines (referred to as NRTL Program
Directive or NRTL Directive, for short), which may be found at https://
www.osha.gov/dts/otpca/nrtl/. Use of any of these
supplemental programs by any NRTL is voluntary.
In this notice, we provide background about the NRTL Program, for
those unfamiliar with the program, and then follow with the description
of SNAP. The detailed program description of SNAP is available for
viewing or downloading at the above Web page link.
This notice is published to provide the public with an opportunity
to comment on OSHA's pending action. This action does not change any of
the requirements for NRTLs, found under 29 CFR 1910.7, or any of the
OSHA requirements for approval of particular products by NRTLs. SNAP is
an internal policy, which would be made part of the NRTL Directive and
thus become an NRTL Program policy. The Agency is requesting public
comment on this action in the interest of providing a formal
opportunity for input by NRTLs and the public. OSHA obtained informal
comments from NRTLs on a draft version of SNAP prior to publication of
this notice.
Background on NRTLs
Many of OSHA's standards require that certain types of workplace
equipment be approved (i.e., tested and certified) by an NRTL. For
example, 29 CFR 1910.303(a) (read together with the definitions of
``approved'' and ``acceptable'' in 29 CFR 1910.399) generally requires
such approval for electrical equipment or products. OSHA's requirement
for approval helps to ensure that products are safe for use in the
workplace.
NRTLs are qualified organizations that are recognized under the
Agency's NRTL Program as meeting the requirements in 29 CFR 1910.7 to
perform independent (i.e., third-party) product safety testing and
certification. To be recognized by OSHA as an NRTL, an organization
must: (1) Have the appropriate capability to test and evaluate products
for workplace safety purposes; (2) be completely independent of the
manufacturers, vendors, and major users of the products for which OSHA
requires certification; (3) have internal programs that ensure proper
control of the testing and certification process; and (4) establish
effective reporting and complaint handling procedures (29 CFR
1910.7(b)).
OSHA's NRTL recognition process involves a thorough analysis of an
organization's policies and procedures to ensure that it meets all of
the requirements of 29 CFR 1910.7. OSHA also performs a comprehensive
on-site review of the applicant's testing and certification facilities.
After initial recognition, the Program staff also conduct annual on-
site audits to ensure that the NRTLs adequately perform their testing
and certification activities and maintain the quality of those
operations.
The recognition process is described in Appendix A to 29 CFR
1910.7, which is further explained in Chapters 2 through 6 of the NRTL
Program Directive (CPL 01-00-003--CPL 1-0.3). All of these documents
are available through the Program's Web site (see https://www.osha.gov/
dts/otpca/nrtl/).
Each NRTL is approved for a scope of recognition which identifies:
(1) The types of products the NRTL may approve, (2) the NRTL's
``recognized sites'' which are the NRTL's wholly-owned sites that can
perform the full range of product testing and certification activities
necessary in approving those products, and (3) ``supplemental
programs'' through which the NRTL can use other resources in performing
activities necessary for product testing and certification. To date,
the ``supplemental programs'' mainly have allowed the NRTL's recognized
sites to accept (i.e., use) other-party product testing, specifically
testing performed by non-NRTL independent testing labs and by product
manufacturers.
As indicated above, to be recognized, the NRTL must be capable of
performing two key operations in approving products: testing and
certification or, more broadly, operating a product safety-testing
program and a product-certification program. The latter program, for
purposes of OSHA requirements, consists of listing/labeling and follow-
up inspection programs. While both operations are necessary for
approval, the NRTL's certification program is fundamentally important
to the control of the approval process. Not only does this program
involve the issuance of the initial certification, but through it the
NRTL also gains assurance that all manufactured units of the product
have the same safety features as the unit initially tested and
certified.
Although OSHA does not require NRTLs to perform all testing
themselves, our policy has restricted them to perform certain
``certification functions'' only at their recognized sites. The
rationale for such a limitation was that OSHA initially evaluated the
NRTL's resources and capabilities to perform these functions at those
specific sites and then monitored the NRTL's performance of these
critical functions during its audits of those sites. However,
responding to industry needs to perform these functions at other
locations, OSHA would adopt a new NRTL Program policy allowing NRTLs to
use special unrecognized sites to perform certification functions and,
if qualified, product testing too. We would allow this use by
implementing a new supplemental program, called the Satellite
Notification and Acceptance Program (SNAP). Before describing the new
program, and the functions allowed under it, we further explain what we
mean by ``supplemental programs.''
As noted above, these supplemental programs allow the NRTLs to use
other qualified parties to perform a particular activity, and to date
most of these programs have allowed NRTLs to accept (i.e., use) other-
party product testing. To be approved to use a program, NRTLs must
apply to OSHA which determines if they meet the applicable criteria or
conditions for the program. Approval to use any program is unrelated to
OSHA's determination of whether an NRTL meets the requirements for
recognition under 29 CFR 1910.7. The supplemental programs merely serve
as a means for OSHA to ensure that NRTLs engage in certain activities
only if they have met certain criteria or conditions. Use of
supplemental programs by any NRTL is voluntary.
Background on Relevant NRTL Program Policy and New Program Segment
When OSHA first implemented these supplemental programs, it allowed
long-
[[Page 21380]]
standing practices of the product testing and certification industry
but defined the necessary minimum elements for their use. By doing
this, OSHA improved the effectiveness and uniform application of these
practices by all NRTLs and assured that they would, in testing and
certifying products, properly utilize the resources provided by other
parties. Use of a supplemental program often reduces the time and cost
necessary for product approval, but the NRTL must still exercise
adequate control to ensure that other parties are performing their
testing or other activities appropriately.
OSHA has for many years allowed NRTLs to use testing performed by
other NRTLs or by non-recognized facilities (i.e., satellites) of the
NRTL, again a practice that was common in the industry. The new
supplemental program being proposed today basically expands the role
that satellites perform in the NRTL's approval process.
In adopting this new program, OSHA would allow NRTLs to engage in
activities that address challenges they face in testing and certifying
products but, similar to other programs, defining minimum criteria and
conditions for these activities. The proposed program would permit a
qualified NRTL to perform certification activities at many more
locations than OSHA currently allows. These additional locations could
also qualify testing locations and accept test and evaluation data,
activities that OSHA had to date restricted to recognized sites. This
program also could potentially expedite any NRTL's approval activities.
Allowing the program is a measured approach since we do so with the
clear objectives of maintaining the effectiveness of our NRTL
monitoring and assuring that the safety of NRTL approved products is
not compromised.
Like all supplemental programs, the SNAP is yet another segment
within the NRTL Program. Similar to these programs, the NRTL must apply
to OSHA and meet very specific criteria before receiving approval to
use SNAP. The SNAP Program Description describes these criteria, which
specify a series of controls and safeguards for both the NRTL and OSHA.
As another similarity, to use any particular site as a satellite under
SNAP (which we call a SNAP site), the NRTL must qualify it to ensure
that the site can perform one or more of the allowable functions
covered under SNAP. However, these SNAP sites would not be recognized
sites under the OSHA NRTL Program, and thus would not be considered in
any determination regarding recognition of the NRTL.
In contrast to those other programs, OSHA would audit the SNAP
sites and the NRTL site that centrally manages its SNAP operations; the
Agency does not audit facilities which the NRTL qualifies under one of
the existing programs, and would not audit those qualified by SNAP
sites, either. In addition, OSHA could drop any NRTL or satellite from
SNAP if warranted due to noncompliance with any conditions. Any NRTL
not approved to use SNAP must perform the functions below only at its
recognized site(s).
NRTLs can always apply to OSHA to ``convert'' any of their
satellites or SNAP sites to a recognized site. We would process this
application as a regular scope expansion, and thus grant it if the site
met the necessary requirements.
The functions that could be performed at a qualified SNAP site,
each briefly explained, are:
1. Qualify sites under Programs 2 through 7, or parties under
Program 9, which are all described in a March 9, 1995, FR notice (60 FR
12980).
Programs 2 through 7 involve the NRTL's acceptance or use of
testing data or product evaluations from other parties, specifically
independent labs and product manufacturers. Under these programs, NRTLs
must ``qualify'' each location (or site) generating the data or
evaluation. In qualifying it, NRTLs ensure that a site meets the NRTL's
internal criteria for the capability to perform the work to be accepted
or used. Program 9 involves the NRTL using other parties to perform
services, such as calibration of equipment or follow-up inspections.
NRTLs qualify each supplier to ensure that it meets the NRTL's internal
criteria for providing the specific service. To date, only recognized
sites have performed such activities, but SNAP sites could too.
2. Accept data under Programs 2 through 8 which are described in
the March 9, 1995, FR notice (60 FR 12980).
In accepting testing data or product evaluations under Programs 2
through 8 (see above), the NRTL must have the appropriate technical
personnel for review of the adequacy and accuracy of the data. The NRTL
must have clear procedures on how to conduct the review. Only
recognized sites and SNAP sites having these elements could perform the
acceptance.
3. Maintain or provide the only access to primary product test and
evaluation files or records for any of the Programs.
The NRTL must have and make available to OSHA the primary product
test and evaluation files or records for its activities. Such documents
are essential to proper performance and review by the NRTL of its
activities and are fundamental to OSHA's audit of NRTLs. Current
technology allows many of these records to be converted to electronic
medium and made available remotely. In addition, some records can be
stored by others or at locations remote from the site where they were
originally generated. In short, a recognized or SNAP site must either
maintain or provide access to these records or files.
4. Perform the final technical review or make the final decision on
certification of a product.
Performing the final technical review or making the final decision
on certification of a product is the culmination of the technical
process for product certification. This review or decision must be made
by well-qualified technical staff and represents the assurance that the
product meets the applicable provisions of the relevant test standard.
Such review is necessary before the final decision can be made. Only
recognized sites and SNAP sites having this capability could perform
this function.
5. Finally, under SNAP, OSHA would allow SNAP sites that are wholly
owned by the NRTL to authorize the use of the NRTL's mark.
OSHA has long considered the authorization by the NRTL to use its
mark as equivalent to the final decision on certification and thus
believes it is appropriate to limit this activity to SNAP sites that
are wholly owned by the NRTL. The NRTL should adequately control this
function since it should only occur simultaneously or concurrently with
the final decision on certification.
Acceptance of Applications and Final Notice for SNAP
OSHA would begin accepting applications from NRTLs for using SNAP
beginning 60 days from the date of publication of the Federal Register
notice announcing the Agency's formal implementation of SNAP. Following
publication, we will invite Nationally Recognized Testing Laboratories
and applicants for recognition to apply for approval to use the SNAP.
The program description, and a letter sent to NRTLs concurrently with
publication of this notice, is available through https://www.osha-
slc.gov/dts/otpca/nrtl/, the main Web site for the NRTL
Program.
OSHA welcomes public comments on its proposal to adopt SNAP,
including any suggested changes to SNAP or any alternative that is
equivalent to it. Your comments should consist of pertinent written
documents and exhibits. Should
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you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. You may obtain or
review documents related to this notice, as received, by contacting
OSHA's Docket Office (see ADDRESSES section above). Docket No. OSHA-
2007-0053 contains all materials in the record concerning OSHA's NRTL
SNAP Program.
OSHA will review all timely comments and determine whether any of
them merit modification of the elements of SNAP or delay in its
implementation.
Signed at Washington, DC, this 15th day of April, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-8430 Filed 4-18-08; 8:45 am]
BILLING CODE 4510-26-P
