Bay Area Compliance Laboratories Corp.: Application for Recognition, 91201-91204 [2016-30288]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices response, and estimated total burden may be obtained free by contacting Jenn Smith by telephone at (202) 693–3597, TTY 1–877–889–5627, (these are not toll-free numbers) or by email at smith.jenn@dol.gov. Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor, Division of Youth Services, Room N–4508, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; by email: smith.jenn@dol.gov; or by Fax 202–693– 3861. FOR FURTHER INFORMATION CONTACT: Jenn Smith by telephone at (202) 693–3597 (this is not a toll-free number) or by email at smith.jenn@dol.gov. SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the OMB for final approval. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. The Workforce Innovation and Opportunity Act (29 U.S.C. 3101) authorizes this information collection. President Barack Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law on July 22, 2014. One of the many goals of WIOA is to develop more consistent instruments for collecting data related to the Department’s job training programs. The Joint Quarterly Narrative Progress Report Template consolidates various instruments to collect qualitative data generated by several programs legislatively mandated by WIOA, as well as additional job training programs that are adopting the performance reporting provisions of WIOA to promote alignment across the workforce system. Qualitative data include a particular grantee’s progress and milestones during a grant’s period of performance and follow-up period, challenges to meeting a grant’s expected outcomes, and tracking of grant management and performance indicators during the life of the grant. The National Farmworkers Job Program and YouthBuild grants are authorized under the Workforce Innovation and Opportunity Act of 2014 VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 (WIOA), which identified performance accountability requirements for these grants. The WIOA performance indicators and reporting requirements also apply to the Dislocated Worker Grants program. While H–1B and Reentry Employment Opportunities grants are not authorized under WIOA, these programs are also adopting the WIOA performance indicators and align with WIOA data element definitions and reporting templates to promote consistency across these DOL-funded programs. For this same reason, the Senior Community Service Employment Program, authorized under the Older Americans Act, as amended, is also adopting this Joint Quarterly Narrative Performance Report. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB Number 1205–0NEW. Submitted comments will also be a matter of public record for this ICR and posted on the Internet, without redaction. The DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/information in any comments. The DOL is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 91201 • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–ETA. Type of Review: NEW. Title of Collection: Joint Quarterly Narrative Progress Report Template. Form: Quarterly Narrative Progress Report Template. OMB Control Number: OMB 1205– 0NEW. Affected Public: State/local/tribal governments, Federal government, private sector (not-for-profit institutions). Estimated Number of Respondents: 792. Frequency: Quarterly. Total Estimated Annual Responses: 3,008. Estimated Average Time per Response: 10 hours. Estimated Total Annual Burden Hours: 30,080 hours. Total Estimated Annual Other Cost Burden: $480,076.80. Authority: 44 U.S.C. 3506(c)(2)(A). Portia Wu, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2016–30204 Filed 12–15–16; 8:45 am] BILLING CODE 4510–FN–P 4510–FT–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2016–0022] Bay Area Compliance Laboratories Corp.: Application for Recognition Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: 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 SUMMARY: E:\FR\FM\16DEN1.SGM 16DEN1 mstockstill on DSK3G9T082PROD with NOTICES 91202 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 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. VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 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 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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 productcertification 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. E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices TABLE 1—PROPOSED APPROPRIATE material to be listed, labeled, or TEST STANDARD FOR INCLUSION IN accepted, the NRTL must have the BACL’S NRTL SCOPE OF RECOGNI- capability (including proper testing TION Test standard Test standard title UL 60950–1 .......... Information Technology Equipment-SafetyPart 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. mstockstill on DSK3G9T082PROD with NOTICES 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 onsite 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 VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 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 qualitycontrol 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 91203 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 E:\FR\FM\16DEN1.SGM 16DEN1 mstockstill on DSK3G9T082PROD with NOTICES 91204 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 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 VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 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] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2007–0039] Intertek Testing Services NA, Inc.: Grant of Expansion of Recognition and Modification to the NRTL Program’s List of Appropriate Test Standards Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: In this notice, OSHA announces its final decision to expand the scope of recognition for Intertek Testing Services NA, Inc. as a Nationally Recognized Testing Laboratory (NRTL). DATES: The expansion of the scope of recognition becomes effective on December 16, 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: 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; telephone: (202) 693–2110; email: robinson.kevin@dol.gov. OSHA’s Web page includes information about the NRTL Program (see http:// www.osha.gov/dts/otpca/nrtl/ index.html). SUMMARY: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 I. Notice of Final Decision OSHA hereby gives notice of the expansion of the scope of recognition of Intertek Testing Services NA, Inc. (ITSNA), as an NRTL. ITSNA’s expansion covers the addition of twenty-eight (28) test standards to its scope of recognition. OSHA recognition of an NRTL signifies that the organization meets the requirements specified by 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 of the products. 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. ITSNA submitted an application, received by OSHA on June 3, 2015, (OSHA–2007–0039–0020) to expand its recognition to include thirty (30) additional test standards. OSHA staff performed a detailed analysis of the application packet and reviewed other pertinent information and determined that OSHA should grant the application to expand ITSNA’s recognition to include 28 of the 30 requested standards. OSHA did not perform any on-site reviews in relation to this application. OSHA published the preliminary notice announcing ITSNA’s expansion application in the Federal Register on September 14, 2016 (81 FR 63229). The Agency requested comments by September 29, 2016, but it received no comments in response to this notice. OSHA now is proceeding with this final notice to grant expansion of ITSNA’s scope of recognition. E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[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

[[Page 91202]]

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.

[[Page 91203]]



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

[[Page 91204]]

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]
 BILLING CODE 4510-26-P