2023-25691. SolarPTL, LLC: Application for Expansion of Recognition

AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

ACTION:

Notice.

SUMMARY:

In this notice, OSHA announces the application of SolarPTL, LLC, for expansion of the scope of recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the agency's preliminary finding to grant the application.

DATES:

Submit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before December 6, 2023.

ADDRESSES:

Comments may be submitted as follows:

Electronically: You may submit comments, including attachments, electronically at http://www.regulations.gov, the Federal eRulemaking Portal. Follow the online instructions for submitting comments.

Instructions: All submissions must include the agency's name and the docket number for this rulemaking (Docket No. OSHA–2010–0013). All comments, 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. Therefore, OSHA cautions commenters about submitting information they do not want made available to the public, or submitting materials that contain personal information (either about themselves or others), such as Social Security numbers and birthdates.

Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov. Documents in the docket (including this Federal Register notice) 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 website. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693–2350 (TTY (877) 889–5627) for assistance in locating docket submissions.

Extension of comment period: Submit requests for an extension of the comment period on or before December 6, 2023 to the 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–3653, Washington, DC 20210, or by fax to (202) 693–1644.

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, telephone: [phone]; email: [e-mail].

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, phone: [phone] or email: [e-mail].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

OSHA is providing notice that SolarPTL, LLC (PTL), is applying for an expansion of current recognition as a NRTL. PTL requests the addition of two test standards to the NRTL scope of recognition.

OSHA recognition of a NRTL signifies that the organization meets the requirements specified in 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within the scope of recognition. Each NRTL's scope of recognition includes (1) the type of products the NRTL may test, with each type specified by the applicable test standard and (2) the recognized site(s) that has/have the technical capability to perform the product-testing and product-certification activities for test standards within the NRTL's scope. Recognition is not a delegation or grant of government authority; however, recognition enables employers to use products approved by the NRTL to meet OSHA standards that require product testing and certification.

The agency processes applications by a NRTL for initial recognition, as well as for an expansion or renewal of 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 the preliminary finding. In the second notice, the agency provides the 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, including PTL, which details that NRTL's scope of recognition. These pages are available from the OSHA website at http://www.osha.gov/​dts/​otpca/​nrtl/​index.html.

PTL currently has one facility (site) recognized by OSHA for product testing and certification, with the headquarters located at: SolarPTL, LLC, 1107 West Fairmont Drive, Tempe, Arizona 85282. A complete listing of PTL's scope of recognition is available at https:/www.osha.gov/​nationally-recognized-testing-laboratory-program/​solarptl.

II. General Background on the Application

PTL submitted an application, dated December 21, 2018 (OSHA–2010–0013–0007) to request one additional standard to the NRTL scope of recognition. The standard requested UL 61730 was referenced in the application as a single standard, however this standard has two parts. This application was amended on October 30, 2023 (OSHA–2010–0013–0008), clarifying that the expansion request was for both parts of the standard. OSHA staff performed a detailed analysis of the application packets and reviewed other pertinent information. OSHA performed an on-site assessment related to this application on August 16–17, 2022, where OSHA found nonconformances with the requirements of 29 CFR 1910. PTL has addressed the nonconformances adequately. OSHA has no objection to the addition of this standard to the NRTL scope of recognition.

Table 1 shows the test standards found in PTL's amended application for expansion for testing and certification of products under the NRTL Program.

Table 1—Proposed Appropriate Test Standard for Inclusion in PTL's NRTL Scope of Recognition

Test standard	Test standard title
UL 61730	Photovoltaic (PV) Module Safety Qualification—Part 1: Requirements for Construction; and
	Photovoltaic (PV) Module Safety Qualification—Part 2: Requirements for Testing.

III. Preliminary Finding on the Application

PTL submitted an acceptable application for expansion of the scope of recognition. OSHA's review of the application file and pertinent documentation, together with the results of the on-site assessment and follow-up information, preliminarily indicate that PTL can meet the requirements prescribed by 29 CFR 1910.7 for expanding its recognition to include the addition of the test standard shown in Table 1, above, for NRTL testing and certification. This preliminary finding does not constitute an interim or temporary approval of PTL's application.

OSHA seeks public comment on this preliminary determination.

V. Public Participation

OSHA welcomes public comment as to whether PTL meets the requirements of 29 CFR 1910.7 for expansion of 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 by the due date for comments. OSHA will limit any 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, Occupational Safety and Health Administration, U.S. Department of Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA–2010–0013 (for further information, see the “ Docket ” heading in the section of this notice titled ADDRESSES ).

OSHA staff will review all comments to the docket submitted in a timely manner. After addressing the issues raised by these comments, staff will make a recommendation to the Assistant Secretary of Labor for Occupational Safety and Health on whether to grant PTL's application for expansion of the scope of recognition. 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 the final decision in the Federal Register .

VI. Authority and Signature

James S. Frederick, Deputy 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. 8–2020 (85 FR 58393; Sept. 18, 2020), and 29 CFR 1910.7.

Signed at Washington, DC.

James S. Frederick,

Deputy Assistant Secretary of Labor for Occupational Safety and Health.