[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Notices]
[Pages 33927-33929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11509]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-90]


Communication Certification Laboratory, Inc., Renewal and 
Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
application of Communication Certification Laboratory, Inc., (CCL) for 
renewal of its recognition as a Nationally Recognized Testing 
Laboratory and for expansion of its recognition to use additional test 
standards under 29 CFR 1910.7.

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DATES: Recognition: The renewal and expansion of recognition become 
effective on June 10, 2005.

FOR FURTHER INFORMATION CONTACT: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N3653, Washington, DC 20210, or phone (202) 693-2110, or phone 
(202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the renewal and expansion of recognition of 
Communication Certification Laboratory, Inc., (CCL) as a Nationally 
Recognized Testing Laboratory (NRTL). CCL's expansion covers 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.gov/dts/otpca/nrtl/ccl.html.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Section 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 this scope.
    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's 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 submitted a request, 
dated June 26, 2002 (see Exhibit 11), to renew its recognition, within 
the allotted time period, and retained its recognition during this 
renewal process. 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 is approving the two 
test standards for the expansion, which are listed below.
    For purposes of processing CCL's request, OSHA NRTL Program staff 
performed two on-site reviews of CCL's facility on November 18-20, 
2002, and on October 29-30, 2003. 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. However, the Agency 
delayed processing of the final notice for the renewal and expansion, 
in part, until it obtained certain information relative to the 
application. This information was obtained prior to publication of the 
preliminary notice.
    OSHA published the notice of its preliminary findings on the 
renewal and expansion request in the Federal Register on November 24, 
2004 (69 FR 68405). The notice requested submission of any public 
comments by December 9, 2004. OSHA did not receive any comments 
pertaining to the application.
    Other than the preliminary notice mentioned above, the most recent 
notices published by OSHA for CCL's recognition covered its prior 
renewal, as noted above.
    You may obtain or review copies of all public documents pertaining 
to the CCL application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N2625, Washington, DC 20210. Docket No. 
NRTL1-90 contains all materials in the record concerning CCL's 
application.
    The current address of the CCL facility (site) already recognized 
by OSHA and included as part of the renewal is:
    Communication Certification Laboratory, Inc., 1940 West Alexander 
Street, Salt Lake City, Utah 84119.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's 
reports, and other pertinent information. Based upon this examination 
and the assessor's recommendation, OSHA finds that Communication 
Certification Laboratory, Inc., has met the requirements of 29 CFR 
1910.7 for renewal of its recognition and for the expansion to include 
two additional test standards, UL 6500 and UL 61010A-1, subject to the 
limitations and conditions, also listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby renews and expands the 
recognition of CCL, subject to these limitations and conditions.

Limitation

    OSHA limits the renewal and expansion of CCL's recognition to 
testing and certification of products for demonstration of conformance 
to the four test standards listed below. \1\ OSHA has determined that 
the standards meet the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).

    \1\ Two standards, UL 1459 and UL 1950, were included in the 
preliminary notice on a temporary basis although they had been 
withdrawn by the standards developing organization. As explained in 
that notice, we did so pending removal or replacement of these and 
other withdrawn standards, at the same time, from the scope of 
recognition of all applicable NRTLs. The necessary Federal Register 
notice to remove or replace those test standards was published on 
March 8, 2005 (70 FR 11273), making it no longer necessary to 
temporarily include these two standards in CCL's scope.

UL1012 Power Units Other Than Class 2
UL 6500 Audio/Visual and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use
UL 60950 Information Technology Equipment
UL 61010A-1 Electrical Equipment for Laboratory Use; Part 1: General 
Requirements

    The designation and title of the above test standards were current 
at the time of the preparation of the notice of the preliminary 
finding.
    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

[[Page 33929]]

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 includes 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 necessarily 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 the program listed below. 
See http://www.osha.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.

Conditions

    CCL must also abide by the following conditions of the recognition, 
in addition to those already required by 29 CFR 1910.7:
    OSHA must 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 must 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 must 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 must inform OSHA as soon as possible, in writing, of any change 
of ownership, facilities, or key personnel, and of any major changes in 
its operations as an NRTL, including details;
    CCL will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    CCL will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 31st day of May, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05-11509 Filed 6-9-05; 8:45 am]
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