[Federal Register: June 10, 2005 (Volume 70, Number 111)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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.
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
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:
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
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
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.
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
The designation and title of the above test standards were current
at the time of the preparation of the notice of the preliminary
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 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.
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
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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