81 FR 30566 - Nemko-CCL, Inc.: Applications for Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 95 (May 17, 2016)

In this notice, OSHA announces the applications of Nemko-CCL, Inc. for expansion of its scope of recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to grant the applications.

[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Notices]
[Pages 30566-30568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11595]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0016]


Nemko-CCL, Inc.: Applications for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of Nemko-CCL, 
Inc. for expansion of its scope of recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the Agency's 
preliminary finding to grant the applications.

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 June 1, 2016.

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-2013-0016, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
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 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number OSHA-2013-0016. 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 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 June 1, 2016 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; phone: (202) 693-1999; email: 
[email protected].
    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: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Applications for Expansion

    The Occupational Safety and Health Administration is providing 
notice that Nemko-CCL, Inc. (CCL), is applying for expansion of its 
current recognition as an NRTL. CCL requests the addition of two (2) 
recognized testing and certification sites, and twenty-two (22) 
additional test standards to its NRTL scope of recognition. 
Additionally, CCL is applying to relocate its headquarters to Ottawa, 
Canada, after its existing headquarters in Salt Lake City, Utah was 
destroyed in a fire.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in title 29, Code of Federal Regulations, 
section 1910.7 (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. 
Recognition enables employers to use products approved by the NRTL to 
meet OSHA standards that require product testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition and for an 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. 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, 
including CCL, which details the NRTL's scope of recognition. These 
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    Each NRTL's scope of recognition includes: (1) The type of products 
the NRTL may test, with each type specified by its applicable test 
standard; and (2) the recognized site(s) that has/have the technical 
capability to perform the product testing and product-certification 
activities for test standards within the NRTL's scope.
    CCL currently has one facility (site) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
Nemko-CCL 1940 West Alexander Street, Salt Lake City, Utah 84119-2039. 
A complete list of CCL sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/ccl.html.

[[Page 30567]]

II. General Background on the Applications for Expansion

    CCL submitted two applications, one dated January 28, 2015 (OSHA-
2013-0016-008), and a second dated January 26, 2016 (OSHA-2013-0016-
009), to expand its recognition to include the addition of two 
recognized testing and certification sites located at: Nemko North 
America, Inc., 2210 Faraday Avenue, Suite 150, Carlsbad, California 
92008; and Nemko Canada, Inc., 303 River Road, Ottawa, Ontario, Canada 
K1V 1H2. OSHA staff performed an on-site review of CCL's testing 
facilities on November 17-18, 2015, at CCL Ottawa, and on January 11-
12, 2016, at CCL California. During these assessments, the assessors 
found some nonconformances with the requirements of 29 CFR 1910.7. CCL 
addressed these issues sufficiently, and OSHA staff preliminarily 
determined that OSHA should grant the applications.
    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.
    Table 1 below lists the appropriate test standards found in CCL's 
application for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed 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.
------------------------------------------------------------------------

III. Background on the Relocation of Nemko-CCL, Inc. Headquarters

    On October 28, 2015, CCL provided notice to OSHA that their company 
headquarters located at 1940 West Alexander Road, Salt Lake City, Utah 
84119-2039 had been completely destroyed in a fire that occurred on 
October 25, 2015. CCL temporarily moved their testing operations to 
their Ottawa and California locations while searching for a location to 
re-establish their headquarters. OSHA advised CCL that their inability 
to perform testing at their recognized site could lead to revocation 
from the NRTL Program, but proceeded to conduct the November 2015 and 
January 2016 on-site assessments of the Ottawa and California proposed 
sites because these assessments were scheduled before the fire 
occurred. In January of 2016, CCL advised OSHA that they wanted to move 
their headquarters to the Ottawa, Canada site and had secured a new 
location for their Salt Lake City, Utah site, which would now serve as 
an administrative site with no test capabilities. OSHA performed an 
electronic assessment of this new administrative site located at Nemko-
CCL, Inc. 2964 West 4700 South, Suite 200, Salt Lake City, Utah 84129, 
on February 17, 2016.

IV. Preliminary Finding on the Applications

    CCL submitted acceptable applications for expansion of its scope of 
recognition, and relocation of its company headquarters. OSHA's review 
of the application files and its detailed on-site and electronic 
assessments indicate that CCL can meet the requirements prescribed by 
29 CFR 1910.7 for expanding its recognition to include the addition of 
these two sites and twenty-two test standards for NRTL testing and 
certification and the new headquarters site. This preliminary finding 
does not constitute an interim or temporary approval of CCL's 
applications.
    OSHA welcomes public comment as to whether CCL meets the 
requirements of 29 CFR 1910.7 for expansion of its 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-2625, 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-2013-0016.
    OSHA staff will review all comments to the docket submitted in a 
timely

[[Page 30568]]

manner and, after addressing the issues raised by these comments, will 
recommend to the Assistant Secretary for Occupational Safety and Health 
whether to grant CCL's applications for expansion of its scope of 
recognition. The Assistant Secretary will make the final decision on 
granting the applications. 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 May 12, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-11595 Filed 5-16-16; 8:45 am]
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