[Federal Register: November 24, 2004 (Volume 69, Number 226)]
[Notices]
[Page 68405-68407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no04-111]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL1-90]
Communication Certification Laboratory, Application for Renewal
and Expansion of Recognition; Withdrawal of Sites of Other NRTLs
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice announces the application of Communication
Certification Laboratory, Inc., for renewal of its recognition as a
Nationally Recognized Testing Laboratory and for expansion of its
recognition to use additional test standards. This notice also presents
the Agency's preliminary finding. This preliminary finding does not
constitute an interim or temporary approval of these applications. In
an unrelated matter, this notice also announces the voluntary
withdrawals of recognition of the Electrical Reliability Services,
Inc., (formerly Electro-Test, Inc.) site located in Brea, California,
and the SGS U.S. Testing Company site located in Los Angeles,
California.
DATES: You may submit comments in response to the expansion application
portion of this notice, or any request for extension of the time to
comment, by (1) Regular mail, (2) express or overnight delivery
service, (3) hand delivery, (4) messenger service, or (5) FAX
transmission (facsimile). Because of security-related problems there
may be
[[Page 68406]]
a significant delay in the receipt of comments by regular mail.
Comments (or any request for extension of the time to comment) must be
submitted by the following dates:
Regular mail and express delivery service: Your comments must be
postmarked by December 9, 2004.
Hand delivery and messenger service: Your comments must be received
in the OSHA Docket Office by December 9, 2004. OSHA Docket Office and
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
Facsimile and electronic transmission: Your comments must be sent
by December 9, 2004.
ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger
service: You must submit three copies of your comments and attachments
to the OSHA Docket Office, Docket NRTL1-90, Room N-2625, U.S.
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA
Docket Office at (202) 693-2350 for information about security
procedures concerning the delivery of materials by express delivery,
hand delivery and messenger service.
Facsimile: If your comments, including any attachments, are 10
pages or fewer, you may fax them to the OSHA Docket Office at (202)
693-1648. You must include the docket number of this notice, Docket
NRTL1-90, in your comments.
Internet access to comments and submissions: OSHA will place
comments and submissions in response to this notice on the OSHA Web
page http://www.osha.gov. Accordingly, OSHA cautions you about
submitting information of a personal nature (e.g., social security
number, date of birth). There may be a lag time between when comments
and submissions are received and when they are placed on the Web page.
Please contact the OSHA Docket Office at (202) 693-2350 for information
about materials not available through the OSHA Web page and for
assistance in using the Web page to locate docket submissions. Comments
and submissions will also be available for inspection and copying at
the OSHA Docket Office at the address above.
Extension of Comment Period: Submit requests for extensions
concerning this notice to: Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3653, 200 Constitution
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: Sherrey Nicolas, Office of Technical
Programs and Coordination Activities, NRTL Program, Room N3653 at the
address shown immediately above for the program, or phone (202) 693-
2110.
SUPPLEMENTARY INFORMATION:
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that Communication Certification Laboratory, Inc. (CCL),
has applied for renewal and for expansion of its recognition as a
Nationally Recognized Testing Laboratory (NRTL). CCL's expansion
requests cover the use of additional test standards. OSHA's current
scope of recognition for CCL may be found in the following
informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/ccl.html
.
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Sec. 1910.7 of Title 29, Code of Federal
Regulations (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 certified'' by the
NRTL to meet OSHA standards that require testing and certification.
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. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha-slc.gov/dts/otpca/nrtl/index.html
.
The most recent notices published by OSHA for CCL's recognition
covered its prior renewal of recognition, which became effective on
April 2, 1998 (63 FR 16279).
The current address of the CCL facility (site) already recognized
by OSHA is: Communication Certification Laboratory, Inc., 1940 West
Alexander Street, Salt Lake City, Utah 84119.
General Background on the Applicant and Applications
Communication Certification Laboratory (CCL) initially received
OSHA recognition as a Nationally Recognized Testing Laboratory on June
21, 1991 (56 FR 28579) for a five-year period ending on June 21, 1996.
CCL properly requested a renewal of recognition, and OSHA granted CCL
first renewal on April 2, 1998 (63 FR 16279) for another five-year
period ending April 2, 2003.
Appendix A to 29 CFR 1910.7 stipulates that the period of
recognition of an NRTL is five years and that an NRTL may renew its
recognition by applying not less than nine months, nor more than one
year, before the expiration date of its current recognition. NRTLs
submitting requests within this allotted time period retain their
recognition during OSHA's renewal process. CCL has submitted a request,
dated June 26, 2002 (see exhibit 11), to renew its recognition, within
the allotted time period, and retains its recognition pending OSHA's
final decision in this renewal process. CCL's existing scope of
recognition consists of the facility listed above, and the test
standards and supplemental programs listed below under Renewal of
Recognition.
In its request, CCL also requested expansion of its recognition to
include three additional test standards but amended its request to just
two additional standards, which the NRTL Program staff has determined
to be appropriate test standards, within the meaning of 29 CFR
1910.7(c). (The staff makes similar determinations in processing
expansion requests from any NRTL.) Therefore, OSHA would approve the
two test standards for the expansion, which are listed below under
Expansion of Recognition.
For purposes of processing CCL's request, OSHA NRTL Program staff
performed two on-site reviews of CCL's facility on October 29-30, 2003,
and November 18-20, 2002. In the memo for the on-site reviews (see
Exhibit 12), the staff recommended CCL's renewal and its expansion to
include the two test standards requested.
Renewal of Recognition
CCL seeks renewal of its recognition for the one site that OSHA
currently includes within the NRTL's scope. CCL also seeks renewal of
its recognition for testing and certification of products for
demonstration of conformance to the following four test standards,
which OSHA has previously recognized for CCL. Two of those standards,
UL 1459
[[Page 68407]]
and UL 1950, have been withdrawn by the standards developing
organization. However, since the scope of recognition of other NRTLs
may include these standards, we are including them temporarily in the
renewal. In the near future, we will publish another Federal Register
notice in order to remove or replace these and other withdrawn
standards, at the same time, from the scope of recognition of all
applicable NRTLs.
UL1012 Power Units Other Than Class 2
UL 1459 Telephone Equipment
UL 1950 Safety of Information Technology Equipment, Including
Electrical Business Equipment
UL 60950 Information Technology Equipment
OSHA's recognition of CCL, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third party testing and certification
before use in the workplace. Consequently, an NRTL's scope of
recognition excludes any product(s) falling within the scope of a test
standard for which OSHA has no NRTL testing and certification
requirements.
Many UL test standards also are approved as American National
Standards by the American National Standards Institute (ANSI). However,
for convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.
Programs and Procedures
The renewal would include CCL's continued use of any supplemental
programs for which it is approved, based upon the criteria detailed in
OSHA's March 9, 1995, Federal Register notice on the NRTL programs (60
FR 12980). This notice lists nine (9) programs, eight of which (called
the supplemental programs) an NRTL may use to control and audit, but
not actually to generate, the data relied upon for product
certification. An NRTL's initial recognition will always include the
first or basic program, which requires that all product testing and
evaluation be performed in-house by the NRTL that will certify the
product. OSHA has already recognized CCL for program(s) listed below.
See http://www.osha-slc.gov/dts/otpca/nrtl/ccl.html.
Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents.
OSHA developed these programs to limit how an NRTL may perform
certain aspects of its work and to permit the activities covered under
a program only when the NRTL meets certain criteria. In this sense,
they are special conditions that the Agency places on an NRTL's
recognition. OSHA does not consider these programs in determining
whether an NRTL meets the requirements for recognition under 29 CFR
1910.7. However, these programs help to define the scope of that
recognition.
Expansion of Recognition
CCL seeks recognition for two test standards, and OSHA has
determined that the standards are appropriate, within the meaning of 29
CFR 1910.7(c).
UL 6500 Audio/Visual and Musical Instrument Apparatus for Household,
Commercial, and Similar General Use
UL 61010A-1 Electrical equipment for measurement, control, and
laboratory use
The NRTL Program staff did perform an on-site review in connection
with the expansion request and provided a positive recommendation on
the expansion (see Exhibit 12).
Preliminary Finding
CCL has submitted acceptable requests for renewal and expansion of
its recognition as an NRTL. Our review of the application file, the on-
site review reports, and other pertinent documents, indicates that CCL
can meet the requirements, as prescribed by 29 CFR 1910.7, for: (1) The
renewal for the one site and the test standards and program listed
above, and (2) the expansion for the additional two test standards,
also listed above. This preliminary finding does not constitute an
interim or temporary approval of the application.
OSHA welcomes public comments, in sufficient detail, as to whether
CCL has met the requirements of 29 CFR 1910.7 for the renewal and
expansion of its recognition as a Nationally Recognized Testing
Laboratory. Your comments should consist of pertinent written documents
and exhibits. To consider a comment, OSHA must receive it at the
address provided above (see ADDRESSES), no later than the last date for
comments (see DATES above). Should you need more time to comment, OSHA
must receive your written request for extension at the address provided
above no later than the last date for comments. You must include your
reason(s) for any request for extension. OSHA will limit any extension
to 30 days, unless the requester justifies a longer period. We may deny
a request for extension if it is frivolous or otherwise unwarranted.
You may obtain or review copies of CCL's requests, the on-site review
report, other exhibits, and all submitted comments, as received, by
contacting the Docket Office, Room N2625, Occupational Safety and
Health Administration, U.S. Department of Labor, at the above address.
You should refer to Docket No. NRTL1-90, the permanent record of public
information on CCL's recognition.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant CCL's renewal and expansion requests. The Assistant Secretary
will make the final decision on granting the renewal and expansion and,
in making this decision, may undertake other proceedings that are
prescribed in Appendix A to 29 CFR Section 1910.7. OSHA will publish a
public notice of this final decision in the Federal Register.
Notice of Voluntary Termination
In an unrelated matter, Electrical Reliability Services, Inc.,
(formerly Electro-Test, Inc.) has requested that OSHA withdraw the
recognition of the NRTL's site located in Brea, California (see docket
NRTL2-94, Exhibit 15). This withdrawal is effective immediately, and
OSHA will take no further action on it. OSHA recognized this site for
ETI on October 6, 1995 (60 FR 52417), but, at the time, the site was in
another city.
In addition, SGS U.S. Testing Company has requested that OSHA
withdraw the recognition of the NRTL's site located in Los Angeles,
California (see docket NRTL2-90, Exhibit 18). This withdrawal is
effective immediately, and OSHA will take no further action on it. OSHA
recognized this site for SGS on March 23, 1993 (58 FR 15509).
Under section II.D of Appendix A to 29 CFR 1910.7, OSHA must
``inform the public of any voluntary termination by Federal Register
notice.'' These actions are unrelated to our preliminary finding on the
CCL renewal and expansion request. We include them herein only for
adminstrative convenience.
Signed at Washington, DC this 9th day of November, 2004.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 04-26012 Filed 11-23-04; 8:45 am]
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