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  [Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
  [Notices]
  [Pages 91201-91204]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2016-30288]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2016-0022]


  Bay Area Compliance Laboratories Corp.: Application for
  Recognition

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

  ACTION: Notice.

  -----------------------------------------------------------------------

  SUMMARY: In this notice, OSHA announces the application of Bay Area
  Compliance Laboratories Corp. for recognition as a Nationally
  Recognized Testing Laboratory (NRTL) and presents the Agency's
  preliminary finding to grant this recognition.

  DATES: Submit comments, information, and documents in response to this
  notice, or requests for an extension of time to make a submission, on
  or before January 17, 2017.

  ADDRESSES: Submit comments by any of the following methods:
      1. Electronically: Submit comments and attachments electronically
  at



  http://www.regulations.gov, which is the Federal eRulemaking Portal.
  Follow the instructions online for making electronic submissions.
      2. Facsimile: If submissions, including attachments, are not longer
  than 10 pages, commenters may fax them to the OSHA Docket Office at
  (202) 693-1648.
      3. Regular or express mail, hand delivery, or messenger (courier)
  service: Submit comments, requests, and any attachments to the OSHA
  Docket Office, Docket No. OSHA-2016-0022, Technical Data Center, U.S.
  Department of Labor, 200 Constitution Avenue NW., Room N-3653,
  Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
  5627). Note that security procedures may result in significant delays
  in receiving comments and other written materials by regular mail.
  Contact the OSHA Docket Office for information about security
  procedures concerning delivery of materials by express mail, hand
  delivery, or messenger service. The hours of operation for the OSHA
  Docket Office are 10:00 a.m.-3:00 p.m., e.t.
      4. Instructions: All submissions must include the Agency name and
  the OSHA docket number (OSHA-2016-0022). OSHA places comments and other
  materials, including any personal information, in the public docket
  without revision, and these materials will be available online at
  http://www.regulations.gov. Therefore, the Agency cautions commenters
  about submitting statements they do not want made available to the
  public, or submitting comments that contain personal information
  (either about themselves or others) such as Social Security numbers,
  birth dates, and medical data.
      5. Docket: To read or download submissions or other material in the
  docket, go to http://www.regulations.gov or the OSHA Docket Office at
  the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
  copyrighted material) is not publicly available to read or download
  through the Web site. All submissions, including copyrighted material,
  are available for inspection at the OSHA Docket Office. Contact the
  OSHA Docket Office for assistance in locating docket submissions.
      6. Extension of comment period: Submit requests for an extension of
  the comment period on or before January 17, 2017 to the 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, or by fax to (202) 693-
  1644.

  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: Meilinger.Francis2@dol.gov.
      General and technical information: Contact Mr. 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; phone:
  (202) 693-2110 or email: robinson.kevin@dol.gov.

  SUPPLEMENTARY INFORMATION:

  I. Background

      Many of OSHA's workplace standards require that an NRTL test and
  certify certain types of equipment as safe for use in the workplace.
  NRTLs are independent laboratories that meet OSHA's requirements for
  performing safety testing and certification of products used in the
  workplace. To obtain and retain OSHA recognition, NRTLs must meet the
  requirements in the NRTL Program regulations at 29 CFR 1910.7. More
  specifically, to be recognized by OSHA, an organization must: (1) Have
  the appropriate capability to test, evaluate, and approve products to
  assure their safe use in the workplace; (2) be completely independent
  of employers subject to the tested equipment requirements, and
  manufacturers and vendors of products for which OSHA requires
  certification; (3) have internal programs that ensure proper control of
  the testing and certification process; and (4) have effective reporting
  and complaint handling procedures. Recognition is an acknowledgement by
  OSHA that the NRTL has the capabilities to perform independent safety
  testing and certification of the specific products covered within the
  NRTL's scope of recognition, and is not a delegation or grant of
  government authority. Recognition of an NRTL by OSHA also allows
  employers to use products certified by that NRTL to meet those OSHA
  standards that require product testing and certification.
      The Agency processes applications for initial recognition following
  requirements in Appendix A of 29 CFR 1910.7. This appendix requires
  OSHA to publish two notices in the Federal Register in processing an
  application. In the first notice, OSHA announces the application,
  provides its preliminary finding, and solicits comments on its
  preliminary findings. In the second notice, the Agency provides its
  final decision on the application. These notices set forth the NRTL's
  scope of recognition.

  II. Notice of the Application for Recognition

      OSHA is providing notice that Bay Area Compliance Laboratories
  Corp. (BACL) is applying for recognition as an NRTL. According to its
  application, BACL was incorporated in 1996 to provide product
  compliance testing services to customers in the areas of Product
  Safety, Electromagnetic Compatibility and Telecommunications, testing
  for Emissions, Immunity, Radio, Radio Frequency (RF) Exposure and
  Telecommunications. The non-profit, third-party, non-governmental
  accreditation body A2LA accredited BACL for UL 60950-1, the standard
  for which BACL requests NRTL recognition. In its application, BACL
  lists the current address of its headquarters as: Bay Area Compliance
  Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, California 94089.
      OSHA recognizes each NRTL for a scope of recognition that includes
  the type of products the NRTL may test, with each type specified by its
  applicable test standard, and the recognized site(s) that have the
  technical capability to perform the product-testing and product-
  certification activities for the applicable test standards within the
  NRTL's scope of recognition. BACL applied for initial recognition as an
  NRTL on May 1, 2015, and revised its application on May 12, 2016. In
  its application and subsequent revision, BACL requested recognition for
  one test standard and one site (OSHA-2016-0022-0001 and 0002). The
  following sections set forth the requested scope of recognition
  included in BACL's application.

  A. Standards Requested for Recognition

      Table 1 below lists the appropriate test standard found in BACL's
  application for testing and certification of products under the NRTL
  Program.




  Table 1--Proposed Appropriate Test Standard for Inclusion in BACL's NRTL
                            Scope of Recognition
  ------------------------------------------------------------------------
                 Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 60950-1................................  Information Technology
                                               Equipment-Safety-Part 1:
                                               General Requirement.
  ------------------------------------------------------------------------

      The test standard listed above may be approved as a U.S. test
  standard by the American National Standards Institute (ANSI). However,
  for convenience, the Agency may use the designation of the standards-
  developing organization for the test standard instead of 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
  standard or the ANSI version of that standard.

  B. Sites Requested for Recognition

      The current address of BACL's site included in its application for
  recognition as an NRTL is:
      1. Bay Area Compliance Laboratories Corp., 1274 Anvilwood Avenue,
  Sunnyvale, California 94089.
      The NRTL Program requires that the recognized site listed above has
  the capability to conduct the product testing in accordance with the
  appropriate test standard for the equipment or material being tested
  and certified.

  III. Preliminary Finding on the Application for Recognition as an NRTL

      OSHA's NRTL Program recognition process involves a thorough
  analysis of an NRTL applicant's policies and procedures, and a
  comprehensive on-site review of the applicant's testing and
  certification activities to ensure that the applicant meets the
  requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis
  of BACL's application packet and reviewed other pertinent information.
  OSHA staff also performed a comprehensive on-site assessment of BACL's
  testing facility, located at 1274 Anvilwood Avenue, Sunnyvale,
  California 94089, on May 9-11, 2016. An overview of OSHA's assessment
  of the four requirements for recognition (i.e., capability, control
  procedures, independence, and creditable reports and complaint
  handling) is provided below.

  A. Capability

      Section 1910.7(b)(1) states that, for each specified item of
  equipment or material to be listed, labeled, or accepted, the NRTL must
  have the capability (including proper testing equipment and facilities,
  trained staff, written testing procedures, and calibration and quality-
  control programs) to perform appropriate testing. OSHA staff performed
  a detailed analysis of BACL's application packet and reviewed other
  pertinent information to assess its capabilities to perform test and
  certification activities. OSHA determined that BACL has demonstrated
  these capabilities through the following:
       The BACL facility has adequate test areas, energy sources,
  and procedures for controlling incompatible activities.
       BACL provided a detailed list of its testing equipment.
  Review of the application shows that the equipment listed is available
  and adequate for the standards for which it seeks recognition.
       BACL has detailed procedures for conducting testing,
  review, and evaluation, and for capturing the test and other data
  required by the test standards for which it seeks recognition.
       BACL has detailed procedures addressing the maintenance
  and calibration of equipment, and the types of records maintained for,
  or supporting laboratory activities.
       BACL has sufficient qualified personnel to perform the
  proposed scope of testing based on their education, training, technical
  knowledge, and experience.
       BACL has an adequate quality-control system in place to
  conduct internal audits, as well as track and resolve nonconformances.
      OSHA's on-site assessment of BACL's facility confirmed the
  capabilities described in its application packet.

  B. Control Procedures

      Section 1910.7(b)(2) requires that the NRTL provide controls and
  services, to the extent necessary, for the particular equipment or
  material to be listed, labeled, or accepted. These controls and
  services include procedures for identifying the listed or labeled
  equipment or materials, inspections of production runs at factories to
  assure conformance with test standards, and field inspections to
  monitor and assure the proper use of identifying marks or labels. OSHA
  staff performed a detailed analysis of BACL's application packet and
  reviewed other pertinent information to assess its control procedures.
  OSHA determined that BACL has demonstrated these control procedures
  through the following:
       BACL has a quality-control manual and detailed procedures
  to address the steps involved to list and certify products.
       BACL has a registered certification mark.
       BACL has certification procedures to address the
  authorization of certifications and audits of factory facilities. The
  audits apply to both the initial evaluations and the follow-up
  inspections of manufacturers' facilities.
      OSHA's on-site assessment of BACL's facility confirmed the control
  procedures described in its application packet.

  C. Independence

      Section 1910.7(b)(3) requires that the NRTL be completely
  independent of employers that are subject to the testing requirements,
  and of any manufacturers or vendors of equipment or materials tested
  under the NRTL Program. OSHA has a policy for the independence of NRTLs
  that specifies the criteria used for determining whether an
  organization meets the above requirement (see OSHA Instruction CPL 1-
  0.3, Appendix C, paragraph V). This policy contains a non-exhaustive
  list of relationships that would cause an organization to fail to meet
  the specified criteria. OSHA staff performed a detailed analysis of
  BACL's application packet and reviewed other pertinent information to
  assess its independence. OSHA determined that BACL has demonstrated
  independence through the following:
       BACL is a privately-owned organization, and OSHA found no
  information regarding ownership that would qualify as a conflict under
  OSHA's independence policy.
       BACL shows that it has none of the relationships described
  above or any other relationship that could subject it to undue
  influence when testing for product safety.

  D. Credible Reports and Complaint Handling

      Section 1910.7(b)(4) specifies that a NRTL must maintain effective
  procedures for producing credible findings and reports that are
  objective and free of bias. The NRTL must also have procedures for
  handling complaints and disputes under a fair and reasonable system.
  OSHA staff performed a detailed analysis of BACL's application packet
  and reviewed other pertinent information to assess its ability to
  produce credible results and handle complaints. OSHA determined that
  BACL has demonstrated these capabilities through the following.
       BACL has detailed procedures describing the content of the
  test reports, and other detailed procedures



  describing the preparation and approval of these reports.
       BACL has procedures for recording, analyzing, and
  processing complaints from users, manufacturers, and other parties in a
  fair manner.
      OSHA's on-site assessment of BACL's facility confirmed the credible
  reports and complaint handling described in its application packet.
      OSHA's review of the application file and pertinent documentation,
  as well as the results of the on-site assessment, indicate that BACL
  can meet the requirements prescribed by 29 CFR 1910.7 for recognition
  as a Nationally Recognized Testing Laboratory for its site located in
  Sunnyvale, California. The OSHA staff, therefore, preliminarily
  recommended that the Assistant Secretary approve the application. This
  preliminary finding does not constitute an interim or temporary
  approval of BACL's application.
      OSHA welcomes public comment as to whether BACL meets the
  requirements of 29 CFR 1910.7 for recognition as an NRTL. Comments
  should consist of pertinent written documents and exhibits. Commenters
  needing more time to comment must submit a request in writing, stating
  the reasons for the request. Commenters must submit the written request
  for an extension by the due date for comments. OSHA will limit any
  extension to 10 days unless the requester justifies a longer period.
  OSHA may deny a request for an extension if it is not adequately
  justified. To obtain or review copies of the exhibits identified in
  this notice, as well as comments submitted to the docket, contact the
  Docket Office, Room N-3653, Occupational Safety and Health
  Administration, U.S. Department of Labor, at the above address. These
  materials also are available online at http://www.regulations.gov under
  Docket No. OSHA-2016-0022.
      OSHA staff will review all comments submitted to the docket in a
  timely manner and, after addressing the issues raised by these
  comments, will recommend to the Assistant Secretary whether to grant
  BACL's application for recognition as an NRTL. The Assistant Secretary
  will make the final decision on granting the application. In making
  this decision, the Assistant Secretary may undertake other proceedings
  prescribed in Appendix A to 29 CFR 1910.7.
      OSHA will publish a public notice of this final decision in the
  Federal Register.

  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 December 12, 2016.
  David Michaels,
  Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2016-30288 Filed 12-15-16; 8:45 am]
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