[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Notices]
[Pages 68405-68407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26012]


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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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