81_FR_49412 81 FR 49268 - Nemko-CCL, Inc.: Grant of Expansion of Recognition

81 FR 49268 - Nemko-CCL, Inc.: Grant of Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range49268-49270
FR Document2016-17793

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).

Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016)
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49268-49270]
From the Federal Register Online  [www.thefederalregister.org]
[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
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
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]
BILLING CODE 4510-26-P



                                                49268                        Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices

                                                application on October 7, 2014. Indeed,                  substantial evidence to support its                        Coordination Activities, Directorate of
                                                the only evidence it offers relevant to                  contention that Registrant materially                      Technical Support and Emergency
                                                whether Registrant has been convicted                    falsified his application. Nonetheless,                    Management, Occupational Safety and
                                                of a controlled substance offense is the                 because Registrant no longer holds                         Health Administration, U.S. Department
                                                state court clerk’s letter stating that                  authority under Tennessee law to                           of Labor, 200 Constitution Avenue NW.,
                                                Registrant ‘‘did have criminal charges                   dispense controlled substances, he is                      Room N–3655, Washington, DC 20210;
                                                pending against him . . . as of October                  not entitled to maintain his registration.                 telephone: (202) 693–2110; email:
                                                31, 2014’’ and that the ‘‘[c]harges were                 Accordingly, I will order that his                         robinson.kevin@dol.gov. OSHA’s Web
                                                expunged’’ several weeks later.                          registration be revoked.                                   page includes information about the
                                                   The clerk’s letter does not, however,                                                                            NRTL Program (see http://
                                                even identify what charges were                          Order
                                                                                                                                                                    www.osha.gov/dts/otpca/nrtl/
                                                pending against Registrant at the time.                     Pursuant to the authority vested in me                  index.html).
                                                Moreover, the Government does not rely                   by 21 U.S.C. 823(f) and 824(a), as well
                                                                                                                                                                    SUPPLEMENTARY INFORMATION:
                                                on the line of cases holding that a                      as 28 CFR 0.100(b), I order that DEA
                                                deferred adjudication of an offense                      Certificate of Registration MP3330545                      I. Notice of Final Decision
                                                falling under 21 U.S.C. 824(a)(2) which                  issued to Geoffrey D. Peterson, N.P., be,                     OSHA hereby gives notice of the
                                                ultimately results in dismissal of the                   and it hereby is, revoked. I further order                 expansion of the scope of recognition of
                                                charge is still a conviction for purposes                that any application of Geoffrey D.                        Nemko-CCL, Inc. (CCL), as an NRTL.
                                                of the Controlled Substances Act and                     Peterson to renew or modify the above                      CCL’s expansion covers the addition of
                                                that the failure to disclose such                        registration be, and it hereby is, denied.                 two recognized testing and certification
                                                conviction on a subsequent application                   This Order is effective immediately.5                      sites and twenty-two additional test
                                                is a material falsification. See Hoxie v.                  Dated: July 19, 2016.                                    standards to their NRTL scope of
                                                DEA, 419 F.3d 477, 481(6th Cir. 2005)
                                                (upholding Agency’s finding that
                                                                                                         Chuck Rosenberg,                                           recognition.
                                                                                                         Acting Administrator.                                         OSHA recognition of an NRTL
                                                practitioner committed material
                                                falsification when he failed to disclose                 [FR Doc. 2016–17722 Filed 7–26–16; 8:45 am]                signifies that the organization meets the
                                                a controlled substance conviction which                  BILLING CODE 4410–09–P
                                                                                                                                                                    requirements in Section 1910.7 of Title
                                                was expunged). See also Pamela                                                                                      29, Code of Federal Regulations (29 CFR
                                                Monterosso, 73 FR 11146, 11148 (2008)                                                                               1910.7). Recognition is an
                                                (citing David A. Hoxie, 69 FR 51477,                     DEPARTMENT OF LABOR                                        acknowledgment that the organization
                                                51478 (1994); Eric A. Baum, 53 FR                                                                                   can perform independent safety testing
                                                47272, 42274 (1988)); see also Kimberly                  Occupational Safety and Health                             and certification of the specific products
                                                Maloney, 76 FR 60922, 60922 (2011);                      Administration                                             covered within its scope of recognition
                                                Mark De La Lama, 76 FR 20011, 20013–                                                                                and is not a delegation or grant of
                                                                                                         [Docket No. OSHA–2013–0016]                                government authority. As a result of
                                                14, 20019–20 (2011).
                                                   Instead, the Government argues that                   Nemko-CCL, Inc.: Grant of Expansion                        recognition, employers may use
                                                Registrant materially falsified his                      of Recognition                                             products properly approved by the
                                                application because ‘‘the new                                                                                       NRTL to meet OSHA standards that
                                                application required that [Registrant]                   AGENCY: Occupational Safety and Health                     require testing and certification.
                                                disclose this arrest because the                         Administration (OSHA), Labor.                                 The Agency processes applications by
                                                application asked: ‘Has the applicant                    ACTION: Notice.                                            an NRTL for initial recognition, or for
                                                ever been convicted of a crime in                                                                                   expansion or renewal of this
                                                connection with controlled substance(s)                  SUMMARY:    In this notice, OSHA                           recognition, following requirements in
                                                or is any action pending?’ ’’ Request for                announces its final decision to expand                     Appendix A to 29 CFR 1910.7. This
                                                Final Agency Action, at 5–6. The                         the scope of recognition for Nemko-CCL,                    appendix requires that the Agency
                                                question does not, however, require the                  Inc., as a Nationally Recognized Testing                   publish two notices in the Federal
                                                disclosure of an arrest. Rather, it                      Laboratory (NRTL).                                         Register in processing an application. In
                                                requires the disclosure of ‘‘any action                  DATES: The expansion of the scope of                       the first notice, OSHA announces the
                                                pending,’’ and while this is reasonably                  recognition becomes effective on July                      application and provides its preliminary
                                                read to include a criminal prosecution                   27, 2016.                                                  finding and, in the second notice, the
                                                for a controlled substance offense which                 FOR FURTHER INFORMATION CONTACT:                           Agency provides its final decision on
                                                is ongoing at the time an application is                 Information regarding this notice is                       the application. These notices set forth
                                                submitted, the Government’s evidence                     available from the following sources:                      the NRTL’s scope of recognition or
                                                establishes only that charges were                          Press inquiries: Contact Mr. Frank                      modifications of that scope. OSHA
                                                pending 24 days after Registrant                         Meilinger, Director, OSHA Office of                        maintains an informational Web page
                                                submitted his application and not on                     Communications, U.S. Department of                         for each NRTL that details its scope of
                                                the date he submitted his application.                   Labor, 200 Constitution Avenue NW.,                        recognition. These pages are available
                                                While it may be that the marijuana                       Room N–3647, Washington, DC 20210;                         from the Agency’s Web site at http://
                                                possession charge was pending on                         telephone: (202) 693–1999; email:                          www.osha.gov/dts/otpca/nrtl/
                                                October 7, 2014 and was expunged                         meilinger.francis2@dol.gov.                                index.html.
                                                pursuant to a deferred adjudication,                        General and technical information:                         CCL submitted two applications,
                                                                                                                                                                    dated January 28, 2015 (OSHA–2013–
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                                                which under Agency precedent                             Contact Kevin Robinson, Director,
                                                constitutes a conviction even where the                  Office of Technical Programs and                           0016–0008) and January 26, 2016
                                                conviction is later expunged, the                                                                                   (OSHA–2013–0016–0011), to expand its
                                                Government did not produce any                              5 Based on the findings of the Tennessee Board,         recognition to include the addition of
                                                evidence establishing that this was the                  I find that the public interest necessitates that this     two recognized testing and certification
                                                                                                         Order be effective immediately. 21 CFR 1316.67. I
                                                basis for the expungement of the charge.                 further note that as of this date, Registrant has failed
                                                                                                                                                                    sites located at: Nemko USA, Inc., 2210
                                                   Accordingly, I find that the                          to surrender his DEA registration as required by the       Faraday Avenue, Suite 150, Carlsbad,
                                                Government has failed to provide                         Board.                                                     California 92008; and Nemko Canada,


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                                                                                      Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices                                               49269

                                                Inc., 303 River Road, Ottawa, Ontario,                            2016, but it received no comments in                    CCL’s recognition to include the sites at
                                                Canada K1V 1H2. Additionally, the                                 response to this notice. OSHA is now                    Nemko Canada Inc., Ottawa, Ontario,
                                                January 2016 application sought to                                proceeding with this final notice to                    Canada; Nemko-CCL, Inc. Salt Lake
                                                relocate their headquarters to Ottawa,                            grant expansion of CCL’s scope of                       City, Utah, Nemko USA, Inc., Carlsbad,
                                                Canada and recognize a new                                        recognition.                                            California. Further, OSHA approves
                                                administrative site, Nemko-CCL, Inc.,                                To obtain or review copies of all                    CCL’s request to relocate its
                                                2964 West 4700 South Suite 200, Salt                              public documents pertaining to the                      headquarters to the Ottawa, Canada site
                                                Lake City, Utah 84129. OSHA staff                                 CCL’s application, go to                                and recognizes the new administrative
                                                performed a detailed analysis of the                              www.regulations.gov or contact the                      site at the Nemko-CCL Salt Lake site.
                                                application and other pertinent                                   Docket Office, Occupational Safety and                  Additionally, OSHA acknowledges the
                                                information. OSHA staff also performed                            Health Administration, U.S. Department                  name change of Nemko-CCL, Inc. to
                                                on-site review of the testing and                                 of Labor, 200 Constitution Avenue NW.,                  Nemko North America, Inc. and will
                                                certification facilities for Nemko                                Room N–2625, Washington, DC 20210.                      adjust future correspondence and
                                                Canada, Inc. on November 17–18, 2015                              Docket No. OSHA–2013–0016 contains                      reference to Nemko North America, Inc.
                                                and Nemko USA, Inc. on January 11–12,                             all materials in the record concerning                  [NEMKO]. OSHA’s recognition of these
                                                2016. The Nemko-CCL Salt Lake site                                CCL’s recognition.                                      sites limits CCL to performing product
                                                was assessed via an electronic audit (no                                                                                  testing and certifications only to the test
                                                                                                                  II. Final Decision and Order
                                                on-site visit).                                                                                                           standards for which the site has the
                                                  CCL’s first application also requested                             OSHA staff examined CCL’s                            proper capability and programs, and for
                                                the addition of twenty-two test                                   expansion application, conducted                        test standards in CCL’s scope of
                                                standards to its scope of recognition.                            detailed on-site assessments, and                       recognition. This limitation is consistent
                                                OSHA staff performed a detailed                                   examined other pertinent information.                   with the recognition that OSHA grants
                                                analysis of the application packet,                               Based on its review of this evidence,                   to other NRTLs that operate multiple
                                                reviewed other pertinent information,                             OSHA finds that CCL meets the                           sites.
                                                and conducted the on-site reviews                                 requirements of 29 CFR 1910.7 for                          OSHA is also proceeding with this
                                                described above in relation to this                               expansion of its recognition, subject to                final notice to grant CCL’s scope of
                                                application.                                                      the limitations and conditions listed                   recognition to include the twenty-two
                                                  OSHA published the preliminary                                  below.                                                  test standards. OSHA limits this
                                                notice announcing CCL’s expansion                                    OSHA, therefore, is proceeding with                  expansion of CCL’s recognition to
                                                application in the Federal Register on                            this final notice to grant CCL’s scope of               testing and certification of products for
                                                May 17, 2016 (81 FR 30566). The                                   recognition to include the two new test                 demonstration of conformance to the
                                                Agency requested comments by June 1,                              sites. OSHA limits the expansion of                     test standards listed in Table 1 below.

                                                                    LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN CCL’S NRTL SCOPE OF RECOGNITION
                                                                Test standard                                                                             Test standard title

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



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                                                49270                        Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices

                                                standard or the ANSI version of that                     program to provide the general public                   • enhance the quality, utility and
                                                standard. Contact ANSI to determine                      and Federal agencies with an                          clarity of the information to be
                                                whether a test standard is currently                     opportunity to comment on proposed                    collected; and
                                                ANSI-approved.                                           and/or continuing collections of                        • minimize the burden of the
                                                                                                         information in accordance with the                    collection of information on those who
                                                A. Conditions
                                                                                                         Paperwork Reduction Act of 1995                       are to respond, including through the
                                                   In addition to those conditions                       (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This               use of appropriate automated,
                                                already required by 29 CFR 1910.7, CCL                   program helps to ensure that requested                electronic, mechanical, or other
                                                also must abide by the following                         data can be provided in the desired                   technological collection techniques or
                                                conditions of the recognition:                           format, reporting burden (time and                    other forms of information technology,
                                                   1. CCL must inform OSHA as soon as                    financial resources) is minimized,                    e.g., permitting electronic submissions
                                                possible, in writing, of any change of                   collection instruments are clearly                    of responses.
                                                ownership, facilities, or key personnel,                 understood, and the impact of collection                III. Current Actions: The Department
                                                and of any major change in its                           requirements on respondents can be                    of Labor seeks the approval for the
                                                operations as an NRTL, and provide                       properly assessed. Currently, the Office              extension of this currently-approved
                                                details of the change(s);                                of Workers’ Compensation Programs is                  information collection in order to gather
                                                   2. CCL must meet all the terms of its                 soliciting comments concerning the                    information to determine eligibility for
                                                recognition and comply with all OSHA                     proposed collection: Survivor’s Form for              benefits of a survivor of a Black Lung
                                                policies pertaining to this recognition;                 Benefits (CM–912). A copy of the                      Act beneficiary.
                                                and                                                      proposed information collection request                 Type of Review: Extension.
                                                   3. CCL must continue to meet the                      can be obtained by contacting the office                Agency: Office of Workers’
                                                requirements for recognition, including                  listed below in the ADDRESSES section of              Compensation Programs.
                                                all previously published conditions on                   this Notice.                                            Title: Survivor’s Form for Benefits.
                                                CCL’s scope of recognition, in all areas                 DATES: Written comments must be
                                                                                                                                                                 OMB Number: 1240–0027.
                                                for which it has recognition.                            submitted to the office listed in the                   Agency Number: CM–912.
                                                   Pursuant to the authority in 29 CFR                   ADDRESSES section below on or before
                                                                                                                                                                 Affected Public: Individuals or
                                                1910.7, OSHA hereby expands the                          September 26, 2016.                                   households.
                                                recognition of CCL, subject to these                                                                             Total Respondents: 1,100.
                                                limitations and conditions specified                     ADDRESSES: Ms. Yoon Ferguson, U.S.                      Total Annual Responses: 1,100.
                                                above.                                                   Department of Labor, 200 Constitution                   Average Time per Response: 8
                                                                                                         Ave. NW., Room S–3323, Washington,                    minutes.
                                                Authority and Signature                                  DC 20210, telephone/fax (202) 354–                      Estimated Total Burden Hours: 147.
                                                   David Michaels, Ph.D., MPH,                           9647, Email ferguson.yoon@dol.gov.                      Frequency: One time.
                                                Assistant Secretary of Labor for                         Please use only one method of                           Total Burden Cost (capital/startup):
                                                Occupational Safety and Health, 200                      transmission for comments (mail, fax, or              $0.
                                                Constitution Avenue NW., Washington,                     Email).                                                 Total Burden Cost (operating/
                                                DC 20210, authorized the preparation of                  SUPPLEMENTARY INFORMATION:                            maintenance): $450.
                                                this notice. Accordingly, the Agency is                     I. Background: This collection of                    Comments submitted in response to
                                                issuing this notice pursuant to 29 U.S.C.                information is required to administer                 this notice will be summarized and/or
                                                657(g)(2), Secretary of Labor’s Order No.                the benefit payment provisions of the                 included in the request for Office of
                                                1–2012 (77 FR 3912, Jan. 25, 2012), and                  Black Lung Act for survivors of                       Management and Budget approval of the
                                                29 CFR 1910.7.                                           deceased miners. Completion of this                   information collection request; they will
                                                  Signed at Washington, DC, on July 19,                  form constitutes the application for                  also become a matter of public record.
                                                2016.                                                    benefits by survivors and assists in                    Dated: July 21, 2016.
                                                David Michaels,                                          determining the survivor’s entitlement                Yoon Ferguson,
                                                Assistant Secretary of Labor for Occupational            to benefits. Form CM–912 is authorized                Agency Clearance Officer, Office of Workers’
                                                Safety and Health.                                       for use by the Black Lung Benefits Act                Compensation Programs, U.S. Department of
                                                [FR Doc. 2016–17793 Filed 7–26–16; 8:45 am]              30 U.S.C. 901, et seq., 20 CFR 410.221                Labor.
                                                BILLING CODE 4510–26–P                                   and CFR 725.304 and is used to gather                 [FR Doc. 2016–17725 Filed 7–26–16; 8:45 am]
                                                                                                         information from a survivor of a miner                BILLING CODE 4510–CK–P
                                                                                                         to determine if the survivor is entitled
                                                DEPARTMENT OF LABOR                                      to benefits. This information collection
                                                                                                         is currently approved for use through                 DEPARTMENT OF LABOR
                                                Office of Workers’ Compensation                          December 31, 2016.
                                                Programs                                                    II. Review Focus: The Department of                Office of Workers’ Compensation
                                                                                                         Labor is particularly interested in                   Programs
                                                Proposed Collection; Comment                             comments which:
                                                Request                                                     • Evaluate whether the proposed                    Proposed Collection of Existing
                                                                                                         collection of information is necessary                Collection; Comment Request
                                                AGENCY: Division of Coal Mine Workers’
                                                Compensation, Office of Workers’                         for the proper performance of the                     AGENCY: Division of Coal Mine Workers’
                                                                                                         functions of the agency, including
sradovich on DSK3GMQ082PROD with NOTICES




                                                Compensation Programs, Department of                                                                           Compensation, Office of Workers’
                                                Labor.                                                   whether the information will have                     Compensation Programs, Department of
                                                ACTION: Notice.                                          practical utility;                                    Labor
                                                                                                            • evaluate the accuracy of the                     ACTION: Notice.
                                                SUMMARY:    The Department of Labor, as                  agency’s estimate of the burden of the
                                                part of its continuing effort to reduce                  proposed collection of information,                   SUMMARY:    The Department of Labor, as
                                                paperwork and respondent burden,                         including the validity of the                         part of its continuing effort to reduce
                                                conducts a pre-clearance consultation                    methodology and assumptions used;                     paperwork and respondent burden,


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Document Created: 2018-02-08 08:02:52
Document Modified: 2018-02-08 08:02:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe expansion of the scope of recognition becomes effective on July 27, 2016.
ContactInformation regarding this notice is available from the following sources:
FR Citation81 FR 49268 

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