81_FR_24211 81 FR 24132 - QPS Evaluation Services: Grant of Expansion of Recognition

81 FR 24132 - QPS Evaluation Services: Grant of Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24132-24133
FR Document2016-09503

In this notice, OSHA announces its final decision to expand the scope of recognition for QPS Evaluation Services Inc. as a Nationally Recognized Testing Laboratory (NRTL).

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016)
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24132-24133]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09503]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]


QPS Evaluation Services: Grant of Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for QPS Evaluation Services Inc. as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
April 25, 2016.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of QPS Evaluation Services Inc. (QPS) as an NRTL. QPS's 
expansion covers the addition of one test standard to its scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified by 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within its 
scope of recognition and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
properly approved by the NRTL to meet OSHA standards that

[[Page 24133]]

require testing and certification of the products.
    The Agency processes applications by an NRTL for initial 
recognition, or for expansion or renewal of this recognition, following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the Agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding and, in the second 
notice, the Agency provides its final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages are 
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    QPS submitted an application, dated July 28, 2014, (OSHA-2010-0046-
0005) to expand its recognition to include one additional test 
standard. OSHA staff performed a detailed analysis of the application 
packet and reviewed other pertinent information. OSHA performed an on-
site review in relation to this application on July 16-17, 2015.
    OSHA published the preliminary notice announcing QPS's expansion 
application in the Federal Register on January 22, 2016 (81 FR 3832). 
The Agency requested comments by February 8, 2016, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of QPS's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
QPS's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2010-0046 contains all materials in the record 
concerning QPS's recognition.

II. Final Decision and Order

    OSHA staff examined QPS's expansion application, its capability to 
meet the requirements of the test standards, and other pertinent 
information. Based on its review of this evidence, OSHA finds that QPS 
meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the specified limitation and conditions listed 
below. OSHA, therefore, is proceeding with this final notice to grant 
QPS's scope of recognition. OSHA limits the expansion of QPS's 
recognition to testing and certification of products for demonstration 
of conformance to the test standard listed in Table 1 below.

 Table 1--List of Appropriate Test Standard for Inclusion in QPS's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
ANSI/AAMI ES 60601-1: 2005/(R)2012  Medical Electrical Equipment--Part
                                     1: General Requirements for Basic
                                     Safety and Essential Performance.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, an 
NRTL's scope of recognition does not include these products.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
QPS must abide by the following conditions of the recognition:
    1. QPS must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. QPS must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. QPS must continue to meet the requirements for recognition, 
including all previously published conditions on QPS's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of QPS, subject to the limitation and conditions 
specified above.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on April 20, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-09503 Filed 4-22-16; 8:45 am]
 BILLING CODE 4510-26-P



                                                    24132                          Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices

                                                    DEPARTMENT OF LABOR                                     Act, 46 U.S.C. 80507; the Safe Drinking               DEPARTMENT OF LABOR
                                                                                                            Water Act, 42 U.S.C. 300j–9(i); the
                                                    Occupational Safety and Health                          Federal Water Pollution Control Act, 33               Occupational Safety and Health
                                                    Administration                                          U.S.C. 1367; the Toxic Substances                     Administration
                                                    [Docket No. OSHA–2016–0006]                             Control Act, 15 U.S.C. 2622; the Solid                [Docket No. OSHA–2010–0046]
                                                                                                            Waste Disposal Act, 42 U.S.C. 6971; the
                                                    Whistleblower Protection Advisory                       Clean Air Act, 42 U.S.C. 7622; the                    QPS Evaluation Services: Grant of
                                                    Committee (WPAC) Charter Renewal                        Comprehensive Environmental                           Expansion of Recognition
                                                    AGENCY:  Occupational Safety and Health                 Response, Compensation, and Liability                 AGENCY: Occupational Safety and Health
                                                    Administration (OSHA), Labor.                           Act, 42 U.S.C. 9610; the Energy                       Administration (OSHA), Labor.
                                                                                                            Reorganization Act, 42 U.S.C. 5851; the
                                                    ACTION: Announcement of WPAC                                                                                  ACTION: Notice.
                                                                                                            Wendell H. Ford Aviation Investment
                                                    charter renewal.
                                                                                                            and Reform Act for the 21st Century, 49               SUMMARY:   In this notice, OSHA
                                                    SUMMARY:   In accordance with the                       U.S.C. 42121; the Sarbanes-Oxley Act,                 announces its final decision to expand
                                                    provisions of the Federal Advisory                      18 U.S.C. 1514A; the Pipeline Safety                  the scope of recognition for QPS
                                                    Committee Act (FACA), and after                         Improvement Act, 49 U.S.C. 60129; the                 Evaluation Services Inc. as a Nationally
                                                    consultation with the General Services                  Federal Railroad Safety Act, 49 U.S.C.                Recognized Testing Laboratory (NRTL).
                                                    Administration, the Secretary of Labor                  20109; the National Transit Systems                   DATES: The expansion of the scope of
                                                    is renewing the charter for the                         Security Act, 6 U.S.C. 1142; the                      recognition becomes effective on April
                                                    Whistleblower Protection Advisory                       Consumer Product Safety Improvement                   25, 2016.
                                                    Committee (WPAC or the Committee).                      Act, 15 U.S.C. 2087; the Affordable Care              FOR FURTHER INFORMATION CONTACT:
                                                    The Committee will better enable OSHA                   Act, 29 U.S.C. 218C; the Consumer                     Information regarding this notice is
                                                    to perform its duties under the                         Financial Protection Act of 2010, 12                  available from the following sources:
                                                    Occupational Safety and Health Act (the                 U.S.C. 5567; the Seaman’s Protection                     Press inquiries: Contact Mr. Frank
                                                    OSH Act) of 1970, and help to improve                   Act, 46 U.S.C. 2114; the FDA Food                     Meilinger, Director, OSHA Office of
                                                    the fairness, efficiency, and                           Safety Modernization Act, 21 U.S.C.                   Communications, U.S. Department of
                                                    transparency of OSHA’s whistleblower                    399d; and the Moving Ahead for                        Labor, 200 Constitution Avenue NW.,
                                                    investigations.                                         Progress in the 21st Century Act, 49                  Room N–3647, Washington, DC 20210;
                                                    FOR FURTHER INFORMATION CONTACT:                        U.S.C. 30171.                                         telephone: (202) 693–1999; email:
                                                    Anthony Rosa, OSHA, Directorate of                                                                            meilinger.francis2@dol.gov.
                                                    Whistleblower Protection Programs,                      Authority and Signature                                  General and technical information:
                                                    Room N–4618, U.S. Department of                                                                               Contact Mr. Kevin Robinson, Director,
                                                                                                               David Michaels, Ph.D., MPH,
                                                    Labor, 200 Constitution Avenue NW.,                                                                           Office of Technical Programs and
                                                                                                            Assistant Secretary of Labor for
                                                    Washington, DC 20210; telephone (202)                                                                         Coordination Activities, Directorate of
                                                                                                            Occupational Safety and Health,                       Technical Support and Emergency
                                                    693–2199; email osha.dwpp@dol.gov.
                                                                                                            authorized the preparation of this notice             Management, Occupational Safety and
                                                    SUPPLEMENTARY INFORMATION: WPAC                         under the authority granted by 5 U.S.C.
                                                    operates in accordance with the Federal                                                                       Health Administration, U.S. Department
                                                                                                            App. 2, 41 CFR part 102–3, chapter 1600               of Labor, 200 Constitution Avenue NW.,
                                                    Advisory Committee Act (FACA), as
                                                                                                            of Department of Labor Management                     Room N–3655, Washington, DC 20210;
                                                    amended (5 U.S.C. App. 2), its
                                                                                                            Series 3 (Aug. 15, 2013), 77 FR 3912                  telephone: (202) 693–2110; email:
                                                    implementing regulations (41 CFR part
                                                                                                            (Jan. 25, 2012), and the Secretary of                 robinson.kevin@dol.gov. OSHA’s Web
                                                    102–3), and OSHA’s regulations on
                                                    advisory committees (29 CFR part 1912).                 Labor’s authority to administer the                   page includes information about the
                                                    Pursuant to Section 14 of FACA,                         whistleblower provisions found in 29                  NRTL Program (see http://
                                                    WPAC’s charter must be renewed every                    U.S.C. 660(c), 49 U.S.C. 31105, 15                    www.osha.gov/dts/otpca/nrtl/
                                                    two years.                                              U.S.C. 2651, 46 U.S.C. 80507, 42 U.S.C.               index.html).
                                                       WPAC’s duties are solely advisory                    300j–9(i), 33 U.S.C. 1367, 15 U.S.C.                  SUPPLEMENTARY INFORMATION:
                                                    and consultative. WPAC advises,                         2622, 42 U.S.C. 6971, 42 U.S.C. 7622, 42
                                                    consults with, and makes                                U.S.C. 9610, 42 U.S.C. 5851, 49 U.S.C.                I. Notice of Final Decision
                                                    recommendations to the Secretary and                    42121, 18 U.S.C. 1514A, 49 U.S.C.                       OSHA hereby gives notice of the
                                                    the Assistant Secretary on matters                      60129, 49 U.S.C. 20109, 6 U.S.C. 1142,                expansion of the scope of recognition of
                                                    relating to whistleblower complaints                    15 U.S.C. 2087, 29 U.S.C. 218c, 12                    QPS Evaluation Services Inc. (QPS) as
                                                    filed under the whistleblower statutes                  U.S.C. 5567, 46 U.S.C. 2114, 21 U.S.C.                an NRTL. QPS’s expansion covers the
                                                    that the Occupational Safety and Health                 399d, and 49 U.S.C. 30171.                            addition of one test standard to its scope
                                                    Administration (OSHA) enforces. The                       Signed at Washington, DC, on April 19,              of recognition.
                                                    Committee is diverse and balanced, both                 2016.                                                   OSHA recognition of an NRTL
                                                    in terms of categories of stakeholders                                                                        signifies that the organization meets the
                                                                                                            David Michaels,
                                                    (e.g., subject matter experts, labor,                                                                         requirements specified by 29 CFR
                                                    management, and state plans), and in                    Assistant Secretary of Labor for Occupational         1910.7. Recognition is an
                                                    the views and interests represented by                  Safety and Health.                                    acknowledgment that the organization
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                                                    the members.                                            [FR Doc. 2016–09490 Filed 4–22–16; 8:45 am]           can perform independent safety testing
                                                       Authority to establish this Committee                BILLING CODE 4510–26–P                                and certification of the specific products
                                                    is at Section 11(c) of the OSH Act, 29                                                                        covered within its scope of recognition
                                                    U.S.C. 660(c); the Surface                                                                                    and is not a delegation or grant of
                                                    Transportation Assistance Act, 49                                                                             government authority. As a result of
                                                    U.S.C. 31105; the Asbestos Hazard                                                                             recognition, employers may use
                                                    Emergency Response Act, 15 U.S.C.                                                                             products properly approved by the
                                                    2651; the International Safe Container                                                                        NRTL to meet OSHA standards that


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                                                                                     Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Notices                                             24133

                                                    require testing and certification of the                 to expand its recognition to include one                 Docket No. OSHA–2010–0046 contains
                                                    products.                                                additional test standard. OSHA staff                     all materials in the record concerning
                                                       The Agency processes applications by                  performed a detailed analysis of the                     QPS’s recognition.
                                                    an NRTL for initial recognition, or for                  application packet and reviewed other
                                                    expansion or renewal of this                             pertinent information. OSHA performed                    II. Final Decision and Order
                                                    recognition, following requirements in                   an on-site review in relation to this                       OSHA staff examined QPS’s
                                                    Appendix A to 29 CFR 1910.7. This                        application on July 16–17, 2015.
                                                    appendix requires that the Agency                          OSHA published the preliminary                         expansion application, its capability to
                                                    publish two notices in the Federal                       notice announcing QPS’s expansion                        meet the requirements of the test
                                                    Register in processing an application. In                application in the Federal Register on                   standards, and other pertinent
                                                    the first notice, OSHA announces the                     January 22, 2016 (81 FR 3832). The                       information. Based on its review of this
                                                    application and provides its preliminary                 Agency requested comments by                             evidence, OSHA finds that QPS meets
                                                    finding and, in the second notice, the                   February 8, 2016, but it received no                     the requirements of 29 CFR 1910.7 for
                                                    Agency provides its final decision on                    comments in response to this notice.                     expansion of its recognition, subject to
                                                    the application. These notices set forth                 OSHA now is proceeding with this final                   the specified limitation and conditions
                                                    the NRTL’s scope of recognition or                       notice to grant expansion of QPS’s scope                 listed below. OSHA, therefore, is
                                                    modifications of that scope. OSHA                        of recognition.                                          proceeding with this final notice to
                                                    maintains an informational Web page                        To obtain or review copies of all                      grant QPS’s scope of recognition. OSHA
                                                    for each NRTL that details its scope of                  public documents pertaining to QPS’s                     limits the expansion of QPS’s
                                                    recognition. These pages are available                   application, go to www.regulations.gov                   recognition to testing and certification
                                                    from the Agency’s Web site at http://                    or contact the Docket Office,                            of products for demonstration of
                                                    www.osha.gov/dts/otpca/nrtl/                             Occupational Safety and Health                           conformance to the test standard listed
                                                    index.html.                                              Administration, U.S. Department of                       in Table 1 below.
                                                       QPS submitted an application, dated                   Labor, 200 Constitution Avenue NW.,
                                                    July 28, 2014, (OSHA–2010–0046–0005)                     Room N–2625, Washington, DC 20210.

                                                             TABLE 1—LIST OF APPROPRIATE TEST STANDARD FOR INCLUSION IN QPS’S NRTL SCOPE OF RECOGNITION
                                                                Test standard                                                                         Test standard title

                                                    ANSI/AAMI        ES   60601–1:     2005/     Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
                                                     (R)2012.



                                                      OSHA’s recognition of any NRTL for                     limitation and conditions specified                      ACTION:   Notice.
                                                    a particular test standard is limited to                 above.
                                                    equipment or materials for which OSHA                                                                             SUMMARY:   This notice announces the
                                                                                                             Authority and Signature                                  Occupational Safety and Health
                                                    standards require third-party testing and
                                                    certification before using them in the                      David Michaels, Ph.D., MPH,                           Administration’s final decision granting
                                                    workplace. Consequently, if a test                       Assistant Secretary of Labor for                         renewal and expansion of recognition of
                                                    standard also covers any products for                    Occupational Safety and Health, 200                      QPS Evaluation Services Inc., as a
                                                    which OSHA does not require such                         Constitution Avenue NW., Washington,                     Nationally Recognized Testing
                                                    testing and certification, an NRTL’s                     DC 20210, authorized the preparation of                  Laboratory (NRTL).
                                                    scope of recognition does not include                    this notice. Accordingly, the Agency is                  DATES: The renewal and expansion of
                                                    these products.                                          issuing this notice pursuant to 29 U.S.C.                recognition become effective on April
                                                                                                             657(g)(2), Secretary of Labor’s Order No.                25, 2016.
                                                    A. Conditions                                            1–2012 (77 FR 3912, Jan. 25, 2012), and                  FOR FURTHER INFORMATION CONTACT:
                                                       In addition to those conditions                       29 CFR 1910.7.                                           Information regarding this notice is
                                                    already required by 29 CFR 1910.7, QPS                     Signed at Washington, DC, on April 20,                 available from the following sources:
                                                    must abide by the following conditions                   2016.                                                       Press inquiries: Contact Mr. Frank
                                                    of the recognition:                                      David Michaels,                                          Meilinger, Director, OSHA Office of
                                                       1. QPS must inform OSHA as soon as                    Assistant Secretary of Labor for Occupational            Communications, U.S. Department of
                                                    possible, in writing, of any change of                   Safety and Health.                                       Labor, 200 Constitution Avenue NW.,
                                                    ownership, facilities, or key personnel,                 [FR Doc. 2016–09503 Filed 4–22–16; 8:45 am]
                                                                                                                                                                      Room N–3647, Washington, DC 20210;
                                                    and of any major change in its                                                                                    telephone: (202) 693–1999; email:
                                                                                                             BILLING CODE 4510–26–P
                                                    operations as an NRTL, and provide                                                                                meilinger.francis2@dol.gov.
                                                    details of the change(s);                                                                                            General and technical information:
                                                       2. QPS must meet all the terms of its                 DEPARTMENT OF LABOR                                      Contact Mr. Kevin Robinson, Director,
                                                    recognition and comply with all OSHA                                                                              Office of Technical Programs and
                                                    policies pertaining to this recognition;                 Occupational Safety and Health                           Coordination Activities, Directorate of
                                                    and                                                                                                               Technical Support and Emergency
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                                                                                                             Administration
                                                       3. QPS must continue to meet the                                                                               Management, Occupational Safety and
                                                    requirements for recognition, including                  [Docket No. OSHA–2010–0046]                              Health Administration, U.S. Department
                                                    all previously published conditions on                   QPS Evaluation Services Inc.: Grant of                   of Labor, 200 Constitution Avenue NW.,
                                                    QPS’s scope of recognition, in all areas                 Renewal and Expansion of                                 Room N–3655, Washington, DC 20210;
                                                    for which it has recognition.                            Recognition                                              telephone: (202) 693–2110; email:
                                                       Pursuant to the authority in 29 CFR                                                                            robinson.kevin@dol.gov. OSHA’s Web
                                                    1910.7, OSHA hereby expands the scope                    AGENCY:Occupational Safety and Health                    page includes information about the
                                                    of recognition of QPS, subject to the                    Administration (OSHA), Labor.                            NRTL Program (see http://


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Document Created: 2016-04-23 01:38:47
Document Modified: 2016-04-23 01:38:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe expansion of the scope of recognition becomes effective on April 25, 2016.
ContactInformation regarding this notice is available from the following sources:
FR Citation81 FR 24132 

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