[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49268-49270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17793]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0016]


Nemko-CCL, Inc.: Grant of Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for Nemko-CCL, Inc., as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
July 27, 2016.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of Nemko-CCL, Inc. (CCL), as an NRTL. CCL's expansion 
covers the addition of two recognized testing and certification sites 
and twenty-two additional test standards to their NRTL scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the 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 approved 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. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages are 
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CCL submitted two applications, dated January 28, 2015 (OSHA-2013-
0016-0008) and January 26, 2016 (OSHA-2013-0016-0011), to expand its 
recognition to include the addition of two recognized testing and 
certification sites located at: Nemko USA, Inc., 2210 Faraday Avenue, 
Suite 150, Carlsbad, California 92008; and Nemko Canada,

[[Page 49269]]

Inc., 303 River Road, Ottawa, Ontario, Canada K1V 1H2. Additionally, 
the January 2016 application sought to relocate their headquarters to 
Ottawa, Canada and recognize a new administrative site, Nemko-CCL, 
Inc., 2964 West 4700 South Suite 200, Salt Lake City, Utah 84129. OSHA 
staff performed a detailed analysis of the application and other 
pertinent information. OSHA staff also performed on-site review of the 
testing and certification facilities for Nemko Canada, Inc. on November 
17-18, 2015 and Nemko USA, Inc. on January 11-12, 2016. The Nemko-CCL 
Salt Lake site was assessed via an electronic audit (no on-site visit).
    CCL's first application also requested the addition of twenty-two 
test standards to its scope of recognition. OSHA staff performed a 
detailed analysis of the application packet, reviewed other pertinent 
information, and conducted the on-site reviews described above in 
relation to this application.
    OSHA published the preliminary notice announcing CCL's expansion 
application in the Federal Register on May 17, 2016 (81 FR 30566). The 
Agency requested comments by June 1, 2016, but it received no comments 
in response to this notice. OSHA is now proceeding with this final 
notice to grant expansion of CCL's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
the CCL's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2013-0016 contains all materials in the record 
concerning CCL's recognition.

II. Final Decision and Order

    OSHA staff examined CCL's expansion application, conducted detailed 
on-site assessments, and examined other pertinent information. Based on 
its review of this evidence, OSHA finds that CCL meets the requirements 
of 29 CFR 1910.7 for expansion of its recognition, subject to the 
limitations and conditions listed below.
    OSHA, therefore, is proceeding with this final notice to grant 
CCL's scope of recognition to include the two new test sites. OSHA 
limits the expansion of CCL's recognition to include the sites at Nemko 
Canada Inc., Ottawa, Ontario, Canada; Nemko-CCL, Inc. Salt Lake City, 
Utah, Nemko USA, Inc., Carlsbad, California. Further, OSHA approves 
CCL's request to relocate its headquarters to the Ottawa, Canada site 
and recognizes the new administrative site at the Nemko-CCL Salt Lake 
site. Additionally, OSHA acknowledges the name change of Nemko-CCL, 
Inc. to Nemko North America, Inc. and will adjust future correspondence 
and reference to Nemko North America, Inc. [NEMKO]. OSHA's recognition 
of these sites limits CCL to performing product testing and 
certifications only to the test standards for which the site has the 
proper capability and programs, and for test standards in CCL's scope 
of recognition. This limitation is consistent with the recognition that 
OSHA grants to other NRTLs that operate multiple sites.
    OSHA is also proceeding with this final notice to grant CCL's scope 
of recognition to include the twenty-two test standards. OSHA limits 
this expansion of CCL's recognition to testing and certification of 
products for demonstration of conformance to the test standards listed 
in Table 1 below.

 List of Appropriate Test Standards for Inclusion in CCL's NRTL Scope of
                               Recognition
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           Test standard                     Test standard title
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UL 60335-1........................  Safety of Household and Similar
                                     Electrical Appliances, Part 1:
                                     General Requirements.
UL 60335-2-24.....................  Safety Requirement for Household and
                                     Similar Electrical Appliances, Part
                                     2: Refrigerating Appliances, Ice-
                                     Cream Appliances and Ice Makers.
UL 197............................  Commercial Electric Cooking
                                     Appliances.
UL 250............................  Household Refrigerators and
                                     Freezers.
UL 427............................  Refrigerating Units.
UL 471............................  Commercial Refrigerators and
                                     Freezers.
UL 499............................  Electric Heating Appliances.
UL 507............................  Electric Fans.
UL 561............................  Floor Finishing Machines.
UL 563............................  Ice Makers.
UL 705............................  Power Ventilators.
UL 751............................  Vending Machines.
UL 763............................  Motor-Operated Commercial Food
                                     Preparing Machines.
UL 859............................  Personal Grooming Appliance.
UL 867............................  Electrostatic Air Cleaners.
UL 982............................  Motor-Operated Food Preparing
                                     Machines.
UL 1017...........................  Electric Vacuum Cleaning Machines
                                     and Blower Cleaners.
UL 1026...........................  Electric Household Cooking and Food-
                                     Serving Appliances.
UL 1082...........................  Household Electric Coffee Makers and
                                     Brewing-Type Appliances.
UL 1083...........................  Household Electric Skillets and
                                     Frying-Type Appliances.
UL 1431...........................  Personal Hygiene and Health Care
                                     Appliances.
UL 1563...........................  Electric Spas, Equipment Assemblies
                                     and Associated Equipment.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, an 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as an American National Standards. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized for a particular test standard may 
use either the proprietary version of the test

[[Page 49270]]

standard or the ANSI version of that standard. Contact ANSI to 
determine whether a test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
CCL also must abide by the following conditions of the recognition:
    1. CCL must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. CCL must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. CCL must continue to meet the requirements for recognition, 
including all previously published conditions on CCL's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
recognition of CCL, subject to these limitations and conditions 
specified above.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-17793 Filed 7-26-16; 8:45 am]
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