Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68405

Under paragraph (b)(1) of the 

Standard, employers must develop and 

maintain an organizational statement 

that establishes the: Existence of a fire 

brigade; the basic organizational 

structure of the brigade; type, amount, 

and frequency of training provided to 

brigade members; expected number of 

members in the brigade; and functions 

that the brigade is to perform. This 

paragraph also specifies that the 

organizational statement must be 

available for review by employees, their 

designated representatives, and OSHA 

compliance officers. The organizational 

statement delineates the functions 

performed by the brigade members and, 

therefore, determines the level of 

training and type of personal protective 

equipment (PPE) necessary for these 

members to perform their assigned 

functions safely. Making the statement 

available to employees, their designated 

representatives, and OSHA compliance 

officers ensures that the elements of the 

statement are consistent with the 

functions performed by the brigade 

members and the occupational hazards 

they experience, and that employers are 

providing training and PPE appropriate 

to these functions and hazards. 

To permit an employee with known 

heart disease, epilepsy, or emphysema 

to participate in fire brigade emergency 

activities, paragraph (b)(2) of the 

Standard requires employers to obtain a 

physician’s certificate of the employee’s 

fitness to do so. This provision provides 

employers with a direct and efficient 

means of ascertaining whether or not 

they can safely expose employees with 

these medical conditions to the hazards 

of fire-fighting operations. 

Paragraph (c)(1) of the Standard 

requires employers to provide training 

and education for fire brigade members 

commensurate with the duties and 

functions they perform, with brigade 

leaders and training instructors 

receiving more comprehensive training 

and education than employers provide 

to the general membership. Under 

paragraph (c)(2) of the Standard, 

employers must conduct training and 

education frequently enough, but at 

least annually, to assure that brigade 

members are able to perform their 

assigned duties and functions 

satisfactorily and safely; employers 

must provide members who perform 

interior structural fire-fighting with 

educational and training sessions at 

least quarterly. In addition, paragraph 

(c)(4) specifies that employers must: 

Inform brigade members about special 

hazards such as storage and use of 

flammable liquids and gases, toxic 

chemicals, radioactive sources, and 

water-reactive substances that may be 

present during fires and other 

emergencies; advise brigade members of 

changes in the special hazards; and 

develop written procedures that 

describe the actions brigade members 

must take when special hazards are 

present, and make these procedures 

available in the education and training 

program and for review by the brigade 

members. 

Providing appropriate training to 

brigade members at the specified 

frequencies, informing them about 

special hazards, developing written 

procedures on how to respond to special 

hazards, and making these procedures 

available for training purposes and 

review by the members enables them to 

use operational procedures and 

equipment in a safe manner to avoid or 

control dangerous exposures to firerelated hazards. Therefore, the training 

and information requirements specified 

by paragraphs (c)(1), (c)(2), and (c)(4) of 

the Standard prevent serious injuries 

and death among members of fire 

brigades. 

III. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The quality, utility, and clarity of 

the information collected; and

• Ways to minimize the burden on 

employers who must comply; for 

example, by using automated or other 

technological information collection 

and transmission techniques. 

IV. Proposed Actions 

OSHA proposes to extend the Office 

of Management and Budget’s (OMB) 

approval of the collection of information 

(paperwork) requirements in the Fire 

Brigades Standard (29 CFR 1910.156). 

The Agency will include this summary 

in its request to OMB to extend the 

approval of these collection of 

information requirements. 

Type of Review: Extension of 

currently approved information 

collection requirements. 

Title: Fire Brigades (29 CFR 

1910.156). 

OMB Number: 1218–0075. 

Affected Public: Business or other forprofits; Not-for-profit organizations; 

Federal Government; State, local or 

tribal government. 

Number of Respondents: 55,939. 

Frequency: On occasion. 

Average Time Per Response: Varies 

from 5 minutes (.08 hour) to 2 hours. 

Estimated Total Burden Hours: 6.042. 

Estimated Cost (Operation and 

Maintenance): $0. 

V. Authority and Signature 

John L. Henshaw, Assistant Secretary 

of Labor for Occupational Safety and 

Health, directed the preparation of this 

notice. The authority for this notice is 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3506 et seq.), and Secretary 

of Labor’s Order No. 5–2002 (67 FR 

65008).

Signed at Washington, DC, on November 

18th, 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–26044 Filed 11–23–04; 8:45 am] 

BILLING CODE 4510–26–M

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.

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

68406 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

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 § 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

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 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] 

BILLING CODE 4510–26–P