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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1

field inspections to monitor and assure the proper use of identifying marks or labels. OSHA staff performed a detailed analysis of LCIs application packet and reviewed other pertinent information to assess its control procedures. OSHA
preliminarily determined that LCI has demonstrated these capabilities through the following:
LCI has a quality-control manual and detailed procedures to address the steps involved to list and certify products.
LCI has a registered certification mark.
LCI has certification procedures to address the authorization of certifications and audits of factory facilities. The audits apply to both the initial evaluations and the follow-up inspections of manufacturers facilities.
OSHAs on-site assessment of LCIs facility confirmed the capabilities described in its application packet. The assessors found some nonconformances with the requirements of 29 CFR 1910.7.
LCI addressed these issues sufficiently to meet the applicable NRTL
requirements.
C. Independence Section 1910.7b3 requires that the NRTL be completely independent of employers that are subject to the testing requirements, and of any manufacturers or vendors of equipment or materials tested under the NRTL Program. The revised NRTL Program Policies, Procedures and Guidelines Directive, CPL0100004, allows NRTLs to comply with the requirement in the NRTL Program regulation that NRTLs be completely independent of employers subject to the tested equipment requirements, and of any manufacturers or vendors of equipment or materials being tested for these purposes 29 CFR
1910.7b3 by meeting the minimum performance standards of Annex B of the NRTL Program Directive, CPL01
00004, with respect to impartiality.
The revised policy focuses on the NRTLs ability to effectively identify, eliminate and control any risk to its impartiality.
This policy provides for the NRTL to identify risks to impartiality on an ongoing basis and when risks to impartiality are identified, and for the NRTL to demonstrate how it eliminates or minimizes such risks. OSHA staff performed a detailed analysis of LCIs application packet and reviewed other pertinent information to assess its independence. OSHA preliminarily determined that LCI has demonstrated independence through the following:
LCI is a privately-owned organization, and OSHA found no
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information regarding ownership that would qualify as a conflict under OSHAs independence policy.
LCI showed that it has none of the relationships described in OSHAs independence policy or any other relationship that could subject it to undue influence when testing for product safety.
LCI has policies and procedures in place to identify risks to impartiality and when risks to impartiality are found, LCI has policies and procedures to eliminate or minimize such risks.
D. Credible Reports and Complaint Handling Section 1910.7b4 specifies that a NRTL must maintain effective procedures for producing credible findings and reports that are objective and free of bias. The NRTL must also have procedures for handling complaints and disputes under a fair and reasonable system. OSHA staff performed a detailed analysis of LCIs application packet and reviewed other pertinent information to assess its ability to produce credible results and handle complaints. OSHA preliminarily determined that LCI has demonstrated these capabilities through the following:
LCI has detailed procedures describing the content of test reports, and other detailed procedures describing the preparation and approval of these reports.
LCI has procedures for recording, analyzing, and processing complaints from users, manufacturers, and other parties in a fair manner.
OSHAs on-site assessments of LCIs facilities confirmed the capabilities described in its application packet. The assessors found some nonconformances with the requirements of 29 CFR 1910.7.
LCI addressed these issues sufficiently to meet the applicable NRTL
requirements.
OSHAs review of the application file and pertinent documentation, as well as the results of the on-site assessments, indicate that LCI can meet the requirements prescribed by 29 CFR
1910.7 for recognition as a NRTL for its site located in Delta, BC Canada.
OSHAs preliminary finding does not constitute an interim or temporary approval of LCIs application.
OSHA welcomes public comment as to whether LCI meets the requirements of 29 CFR 1910.7 for recognition as a NRTL. Comments should consist of pertinent written documents and exhibits. Commenters needing more time to comment must submit a request in writing, stating the reasons for the request, for an extension by the due date for comments. OSHA will limit any
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extension to 10 days unless the requester justifies a longer time period.
OSHA may deny a request for an extension if it is not adequately justified. To review copies of the exhibits identified in this notice, as well as comments submitted to the docket, contact the Docket Office, Room N
3653, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. Please note:
Due to the COVID19 pandemic, the Docket Office is closed to the public at this time but can be contacted at 202
6932350. These materials also are generally available online at http
www.regulations.gov under Docket No.
OSHA20210005. All documents in the docket including this Federal Register notice are listed in the https
www.regulations.gov index; however, some information e.g., copyrighted material is not publicly available to read or download through the website.
All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office.
OSHA staff will review all comments submitted to the docket in a timely manner and, after addressing the issues raised by these comments, will make a recommendation to the Assistant Secretary for Occupational Safety and Health regarding LCIs application for recognition as a NRTL. The Assistant Secretary will make the final decision on granting the application. In making this decision, the Assistant Secretary may undertake other proceedings prescribed in Appendix A to 29 CFR
1910.7.
OSHA will publish a public notice of this final decision in the Federal Register.
IV. Authority and Signature James S. Frederick, Acting Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice. Accordingly, the agency is issuing this notice pursuant to 29 U.S.C. 657g2, Secretary of Labors Order No. 82020
85 FR 58393, September 18, 2020 and 29 CFR 1910.7.
Signed at Washington, DC, on August 6, 2021.
James S. Frederick, Acting Assistant Secretary of Labor for Occupational Safety and Health.
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