DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-90]

Communication Certification Laboratory, Renewal of Recognition

AGENCY: Occupational Safety and Health Administration; Labor.

ACTIONS: Notice of renewal of recognition as a Nationally Recognized Testing Laboratory (NRTL).

EFFECTIVE DATE: This renewal of recognition will become effective on April 2, 1998 and will be valid until April 2, 2003, unless terminated or modified prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 20210, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

Notice is hereby given that the Occupational Safety and Health Administration (OSHA) has renewed the recognition of Communication Certification Laboratory (CCL) as a Nationally Recognized Testing Laboratory (NRTL). CCL previously received its recognition as a NRTL on June 21, 1991 (see 56 FR 28579), for a period of five years ending June 21, 1996. Appendix A to 29 CFR 1910.7 stipulates that the initial period of recognition of a NRTL is five years and that a 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. CCL applied for a renewal of its recognition, pursuant to 29 CFR 1910.7, on June 21, 1995 (see Exhibit 7), within the time allotted, and retained its recognition pending OSHA's final decision in this renewal process. The notice of the application for renewal of recognition was published in the Federal Register (see 62 FR 63561, 12/1/97). The notice included a preliminary finding that CCL could meet the requirements in 29 CFR 1910.7 for renewal of its recognition, and invited public comment on the application by January 30, 1998. No comments were received concerning this request for renewal. During the preparation of this final notice for the renewal, CCL informed OSHA that it no longer uses the test standard ANSI/UL 478 Information-Processing and Business Equipment. This standard has been superseded and is not listed below, but was included in the notice of the preliminary finding.

Copies of all application documents (Docket No. NRTL-1-90) are available for inspection and duplication at the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N2634, Washington, D.C. 20210.

The address of the laboratory covered by this application is: Communication Certification Laboratory, 1940 West Alexander Street, Salt Lake City, Utah 84119.

Final Decision and Order

Based upon a preponderance of the evidence, and the OSHA staff findings and recommendations, including the recommendation and on-site review ("assessment") report, dated August 28, 1997 (see Exhibit 8), OSHA finds that CCL has met the requirements of 29 CFR 1910.7 for renewal of its recognition to test and certify certain equipment or materials, for which CCL has previously been recognized by OSHA. Pursuant to the authority in 29 CFR 1910.7, CCL's recognition is hereby renewed, subject to the limitations and conditions listed below.

Limitations

This renewal of recognition is limited to equipment or materials which, under 29 CFR Part 1910, require testing, listing, labeling, approval, acceptance, or certification by a Nationally Recognized Testing Laboratory. This renewal is further limited to the use of the following test standards for the testing and certification of equipment or materials included within the scope of these standards.

CCL asserts by its application that these standards pertain to equipment or materials which can be used in environments under OSHA's jurisdiction, and OSHA has determined that they are appropriate within the meaning of 29 CFR 1910.7(c).

ANSI/UL 1012 Power Supplies
ANSI/UL 1459 Telephone Equipment
ANSI/UL1950 Information Technology
Equipment Including Electrical
Business Equipment

Conditions

Communication Certification Laboratory must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7:

OSHA shall be allowed access to CCL's facility and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If CCL has reason to doubt the efficacy of any test standard it is using under this program, it shall promptly inform the test standard developing organization of this fact and provide that organization with appropriate relevant information upon which its concerns are based;

CCL shall not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, CCL agrees that it will allow no representation that it is either a recognized or an accredited Nationally Recognized Testing Laboratory (NRTL) without clearly indicating the specific equipment or material to which this recognition is tied, or that its recognition is limited to certain products;

CCL shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

CCL will continue to meet the requirements for recognition in all areas where it has been recognized; and

CCL will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Signed at Washington, D.C. this 27th day of March, 1998.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 98-8666 Filed 4-1-98; 8:45 am]