Bay Area Compliance Laboratories Corp.: Application for Recognition, 91201-91204 [2016-30288]
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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
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(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
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• 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:
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
https://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 https://
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 https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
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
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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.
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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.
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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
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18:42 Dec 15, 2016
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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
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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
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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
https://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 https://
www.osha.gov/dts/otpca/nrtl/
index.html).
SUMMARY:
SUPPLEMENTARY INFORMATION:
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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 https://
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.
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]]>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]
-----------------------------------------------------------------------
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]]
https://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
https://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 https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the https://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 https://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
