[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Notices]
[Pages 59111-59114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29626]


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DEPARTMENT OF LABOR
[Docket No. NRTL-1-89 & NRTL-2-88]


Inchcape Testing Services NA, Inc. (ETL Testing Laboratories, 
Inc. & Dash, Straus & Goodhue, Inc.)

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice of Expansion of Current Recognition as a Nationally 
Recognized Testing Laboratory; Notice of Name Change of ETL Testing 
Laboratories, Inc. (ETL); and Voluntary Termination of Recognition of 
Dash, Straus & Goodhue, Inc. (DS&G).

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SUMMARY: This notice announces the Agency's final decision on the ETL 
application for expansion of its recognition as a Nationally Recognized 
Testing Laboratory (NRTL) under 29 CFR 1910.7. In addition, the notice 
reflects a name change resulting from the acquisition by Inchcape 
Testing Services of ETL and DS&G. Finally, this notice announces the 
voluntary termination of recognition of Dash, Straus & Goodhue, Inc.

FOR FURTHER INFORMATION CONTACT: Office of Variance Determination, NRTL 
Recognition Program, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, 
Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

A. Background

    ETL Testing Laboratories, Inc. was acquired by Inchcape, plc, and 
became part of Inchcape Inspection and Testing Services, U.S.A., Inc. 
(IITS), a Delaware corporation on August 1, 1988. On April 26, 1988, 
DS&G applied for recognition as a Nationally Recognized Testing 
Laboratory (NRTL) and was so recognized on June 16, 1989 (see 54 FR 
25643). ETL applied for NRTL recognition on May 12, 1988, and was so 
recognized on September 13, 1989 (see 54 FR 37845). DS&G was acquired 
by IITS on March 1, 1991. The DS&G location became ETL Testing 
Laboratories, Inc., DS&G Safety Division, functioning as a testing 
laboratory for ETL. DS&G also continued to retain its NRTL recognition 
and the capability of issuing its own certification mark. In March of 
1993, ETL and other Inchcape owned laboratories came under the umbrella 
heading of Inchcape Testing Services. There was no change, however, to 
ETL's ownership or legal identity. DS&G requested renewal of its 
recognition as an NRTL on September 8, 1993. This request was iterated 
by letter dated May 18, 1995 from DS&G's president. On October 4, 1996, 
Inchcape Testing

[[Page 59112]]

Services NA, Inc. sent a letter to OSHA concerning the omission of 
several standards from the August 9, 1996 notice that were identified 
in ETL's request for expansion of its recognition (see FR 41659). By 
letters dated October 14, 1996, Inchcape formally requested (1) OSHA 
adjust its records to reflect a name change to Inchcape Testing 
Services NA, Inc. (ITS) for ETL, DS&G, and Warnock Hersey, Inc., and 
(2) the voluntary withdrawal of DS&G from OSHA's Program.
    B. Notice of Final Decision
    1. Acknowledgment of Name Change. In response to the request by 
ITS, OSHA hereby acknowledges the name change as discussed above.
    2. Voluntary Termination of Recognition. The termination of 
recognition of DS&G, as requested by the corporate secretary of ITS is 
hereby granted. OSHA also is aware that all services previously offered 
under DS&G at the Boxborough, MA location will continue to be offered 
through ITS's ETL listing, labeling and follow-up service program.
    3. Interim Approval Subject to Review. Five standards (indicated 
below) which were requested by ITS in its scope expansion application 
were, for various reasons and through no fault of ITS, not included in 
the Federal Register notice of August 9, 1996. Nonetheless, OSHA is 
expanding its recognition to include these standards on an interim 
basis. In the meantime, interested parties will have 60 days to comment 
on this interim expansion. Following this time period, if comments are 
received, OSHA will determine whether additional procedures are 
necessary.
    4. Expansion of Scope of Recognition. ETL previously made 
application pursuant to section 6(b) of the Occupational Safety and 
Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of 
Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7, for recognition 
as a nationally Recognized Testing Laboratory (see 54 FR 8411, 2/28/
89), and was so recognized (see FR 37845, 9/13/89); made application 
for expansion of its recognition (see 55 FR 43229, 10/26/90), and was 
so recognized (see 55 FR 51971, 12/18/90; see also correction, 56 FR 
2953, 1/25/91); made application for expansion of its recognition (see 
57 FR 54422, 11/18/92), and was so recognized (see 58 FR 37749, 7/13/
93; see also correction, 58 FR 47001, 9/3/93). ETL applied for 
expansion of its recognition as a Nationally Recognized Testing 
Laboratory for equipment or materials, pursuant to 29 CFR 1910.7, which 
was published in the Federal Register on August 9, 1996 (61 FR 41659). 
No comments were received concerning this request for expansion.
    Notice is hereby given that ITS's recognition as a Nationally 
Recognized Testing Laboratory has been expanded to include the 161 test 
standards (equipment and material) listed below.
    Copies of all pertinent documents (Docket Nos. NRTL-2-88 and NRTL-
1-89) are available for inspection and duplication at the Docket 
Office, Room N-2634, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, 
D.C. 20210.
    The addresses of the concerned laboratories are:

3933 U.S. Route 11, P.O. Box 2040, Cortland, New York 13045
4317-A Park Drive, NW., Norcross, Georgia 30093
260 East Grand Avenue, #38, South San Francisco, California 94080

Final Decision and Order

    Based upon the facts found as part of ITS's original recognition, 
including details of necessary test equipment, procedures, and special 
apparatus or facilities needed, adequate of the staff, the application, 
amendments, and documentation submitted by the applicant, previous 
expansions of its recognition, the application and documentation 
submitted by the applicant, the OSHA staff finding including the 
original On-Site Review Report, as well as the evaluation of the 
current request, OSHA finds that ITS has met the requirements of 29 CFR 
1910.7 for expansion of its present recognition to test and certify 
certain equipment or materials.
    Pursuant to the authority in 29 CFR 1910.7, ITS's recognition is 
hereby expanded to include the 161 additional test standards (product 
categories) cited below, subject to the conditions listed below. This 
recognition is limited to equipment or materials which, under 29 CFR 
Part 1910, require testing, listing, labeling, approval, acceptance, or 
certification by a Nationally Recognized Testing Laboratory. This 
recognition is limited to the use of the following 161 additional test 
standards for the testing and certification of equipment or materials 
included within the scope of these standards.
    ITS has stated that these standards are used to test equipment or 
materials which can be used in environments under OSHA's jurisdiction, 
and OSHA has determined that they are appropriate within the meaning of 
29 CFR 1910.7(c).

ANSI/ISA S12.13--Performance Requirements for Combustible Gas Detectors
ASTM E152--Method of Fire Test of Door Assemblies
ASTM E163--Standard Methods of Fire Tests of Window Assemblies
ANSI/EEE C37.13--Low Voltage AC Power Circuit Breakers Used in 
Enclosures
ANSI/EEE C37.14--Low Voltage DC Power Circuit Breakers Used in 
Enclosures
ANSI/UL 1--Flexible Metal Conduit
ANSI/UL 3--Flexible Nonmetallic Tubing for Electric Wiring
UL 6--Rigid Metal Conduit
UL 13--Power-Limited Circuit Cables
ANSI/UL 17--Vent or Chimney Connector Dampers for Oil-Fired Appliances
ANSI/UL 21--LP-Gas Hose
ANSI/UL 22--Amusement and Gaming Machines
ANSI/UL 25--Meters for Flammable and Combustible Liquids and LP Gas
ANSI/UL 65--Electric Wired Cabinets
ANSI/UL 69--Electric-Fence Controllers
ANSI/UL 79--Power-Operated Pumps for Petroleum Product Dispensing 
Systems
ANSI/UL 87--Power-Operated Dispensing Devices for Petroleum Products
UL 104--Elevator Door Locking Devices and Contacts
UL 136--Pressure Cookers
ANSI/UL 150--Antenna Rotators
ANSI/UL 154--Carbon-Dioxide Fire Extinguisher
ANSI/UL 183--Manufactured Wiring Systems
UL 201--Standard for Garage Equipment
ANSI/UL 209--Cellular Metal Floor Raceways and Fittings
ANSI/UL 224--Extruded insulating Tubing
ANSI/UL 294--Access Control System Units
ANSI/UL 296A--Waste Oil-Burning Air-Heating Appliances
ANSI/UL 299--Dry Chemical Fire Extinguisher
ANSI/UL 307A--Liquid Fuel-Burning Heating Appliances for Manufactured 
Homes and Recreational Vehicles
UL 330--Hose and Hose Assemblies for Dispensing Gasoline
ANSI/UL 343--Pumps for Oil-Burning Appliances
ANSI/UL 355--Cord Reels
ANSI/UL 360--Liquid-Tight Flexible Steel Conduit
ANSI/UL 363--Knife Switches
ANSI/UL 365--Police Station Connected Burglar Alarm Units and Systems

[[Page 59113]]

UL 407--Manifolds for Compressed Gases
ANSI/UL 414--Meter Sockets
ANSI/UL 443--Steel Auxiliary Tanks for Oil-Burner Fuel
UL 444--Communications Cables
ANSI/UL 448--Pumps for Fire-Protection Service
ANSI/UL 486B--Wire Connectors for Use with Aluminum and/or Copper 
Conductors
ANSI/UL 486C--Splicing Wire Connectors
ANSI/UL 486E--Equipment Wiring Terminals for Use with Aluminum and/or 
Cooper Conductors
ANSI/UL 493--Thermoplastic-Insulated Underground Feeder and Branch-
Circuit Cables
UL 497--Protectors for Paired Conductor Communications Circuits
UL 497A--Secondary Protectors for Communication Circuits
ANSI/UL 497B--Protectors for Data Communication and Fire Alarm Circuits
UL 508C--Power Conversion Equipment
ANSI/UL 512--Fuseholders
ANSI/UL 525--Flame Arresters for Use on Vents of Storage Tanks for 
Petroleum Oil and Gasoline
ANSI/UL 543--Impregnated-Fiber Electrical Conduit
ANSI/UL 551--Transformer-Type Arc-Welding Machines
ANSI/UL 558--Industrial Trucks, Internal Combustion Engineer-Powered
UL 567--Pipe Connectors for Flammable and Combustible Liquids and LP 
Gas
ANSI/UL 583--Electric-Battery-Powered Industrial Trucks
ANSI/UL 603--Power Supplies for Use with Burglar-Alarm Systems
ANSI/UL 606--Linings and Screens for Use with Burglar-Alarm Systems
ANSI/UL 626--2\1/2\ Gallon Stored-Pressure, Water-Type Fire 
Extinguisher
ANSI/UL 632--Electrically Actuated Transmitters
ANSI/UL 634--Connectors and Switches for Use with Burglar-Alarm Systems
ANSI/UL 641--Low-Temperature Venting Systems, Type L
ANSI/UL 644--Container Assemblies for LP-Gas
ANSI/UL 651A--Type EB and A Rigid PVC Conduit and HDPE Conduit
UL 664--Commercial Dry-Cleaning Machines (Type IV)
ANSI/UL 676--Underwater Lighting Fixtures
ANSI/UL 710--Grease Extractors for Exhaust Ducts
ANSI/UL 711--Rating and Fire Testing of Fire Extinguishers
ANSI/UL 729--Oil-Fired Floor Furnaces
ANSI/UL 730--Oil-Fired Wall Furnaces
UL 745-1--Portable Electric Tools
UL 745-2-1--Particular Requirements of Drills
UL 745-2-2--Particular Requirements for Screwdrivers and Impact 
Wrenches
UL 745-2-3--Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4--Particular Requirements for Sanders
UL 745-2-5--Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6--Particular Requirements for Hammers
UL 745-2-8--Particular Requirements for Shears and Nibblers
UL 745-2-9--Particular Requirements for Tappers
UL 745-2-11--Particular Requirements for Reciprocating Saws
UL 745-2-12--Particular Requirements for Concrete Vibrators
UL 745-2-14--Particular Requirements for Planers
UL 745-2-17--Particular Requirements for Routers and Trimmers
UL 745-2-30--Particular Requirements for Staplers
UL 745-2-31--Particular Requirements for Diamond Core Drills
UL 745-2-32--Particular Requirements for Magnetic Drill Presses
UL 745-2-33--Particular Requirements for Portable Bandsaws
UL 745-2-34--Particular Requirements for Strapping Tools
UL 745-2-35--Particular Requirements for Drain Cleaners
UL 745-2-36--Particular Requirements for Hand Motor Tools
UL 745-2-37--Particular Requirements for Plate Jointers
ANSI/UL 797--Electrical Metallic Tubing
ANSI/UL 814--Gas-Tube-Sign and Ignition Cable
ANSI/UL 826--Household Electric Clocks
ANSI/UL 827--Central-Stations for Watchman, Fire-Alarm, and Supervisory 
Services
UL 842--Valves for Flammable Liquids
UL 858A--Safety-Related Solid-State Controls for Household Electric 
Ranges
ANSI/UL 864--Control Units for Fire-Protective Signaling Systems
ANSI/UL 875--Electric Dry Bath Heaters
ANSI/UL 879--Electrode Receptacles for Gas-Tube Signs
ANSI/UL 884--Underfloor Raceways and Fittings
ANSI/UL 964--Electrically Heated Bedding
ANSI/UL 977--Fuse Power-Circuit Devices
ANSI/UL 983--Surveillance Camera Units
UL 991--Safety-Related Controls Employing Solid-State Devices
UL 1072--Medium Voltage Cables
UL 1075--Gas Fired Cooling Appliances for Recreational Vehicles
ANSI/UL 1076--Proprietary Burglar Alarm Units and Systems
ANSI/UL 1203--Explosion-Proof and Dust-Ignition-Proof Electrical 
Equipment for Use in Hazardous (Classified) Locations
UL 1206--Electrical Commercial Clothes-Washing Equipment
ANSI/UL 1207--Sewage Pumps for Use in Hazardous (Classified) Locations
ANSI/UL 1230--Amateur Movie Lights
ANSI/UL 1238--Control Equipment for Use with Flammable Liquid 
Dispensing Devices
ANSI/UL 1240--Electric Commercial Clothes-Drying Equipment
ANSI/UL 1278--Movable and Wall- or Ceiling- Hung Electric Room Heaters
ANSI/UL 1313--Nonmetallic Safety Cans for Petroleum Products
ANSI/UL 1316--Glass-Fiber-Reinforced Plastic Underground Storage Tanks 
for Petroleum Products
UL 1323--Scaffold Hoists
ANSI/UL 1413--High-Voltage Components for Television-Type Appliances
ANSI/UL 1416--Overcurrent and Overtemperature Protectors for Radio- and 
Television-Type Appliances
ANSI/UL 1417--Special Fuses for Radio- and Television-Type Appliances
ANSI/UL 1418--Implosion-Protected Cathode-Ray Tubes for Television-Type 
Appliances
UL 1424--Cables for Power-Limited Fire-Protective-Signaling Circuits
UL 1437--Electrical Analog Instruments--Panel Board Types
ANSI/UL 1445--Electric Water Bed Heaters
ANSI/UL 1447--Electric Lawn Mowers
ANSI/UL 1448--Electric Hedge Trimmers
ANSI/UL 1480--Speakers for Fire Protective Signaling Systems
ANSI/UL 1481--Power Supplies for Fire Protective Signaling Systems
UL 1492--Audio-Video Products and Accessories
ANSI/UL 1555--Electric Coin-Operated Clothes-Washing Equipment
ANSI/UL 1556--Electric Coin-Operated Clothes-Drying Equipment
UL 1558--Metal-Enclosed Low-Voltage Power Circuit Breaker Switchgear

[[Page 59114]]

UL 1565--Wire Positioning Devices
UL 1567--Receptacles and Switches for Use With Aluminum Wire
ANSI/UL 1569--Metal-Clad Cables
ANSI/UL 1577--Optical Isolaters
ANSI/UL 1610--Central-Station Burglar-Alarm Units
ANSI/UL 1638--Visual Signaling Appliances
UL 1640--Portable Power Distribution Units
ANSI/UL 1662--Electric Chain Saws
UL 1664--Immersion-Detection Circuit-Interrupters
UL 1676--Discharge Path Resistors
UL 1690--Data-Processing Cables
ANSI/UL 1711--Amplifiers for Fire Protective Signaling Systems
UL 1738--Venting Systems for Gas-Burning Appliances, Categories II, 
III, and IV
UL 1795--Hydromassage Bathtubs
ANSI/UL 1876--Isolating Signal and Feedback Transformers for Use in 
Electronic Equipment
UL 1993--Self-Ballasted Lamps and Lamp Adapters
UL 1994--Low-Level Path Marking and Lighting Systems
UL 1996--Duct Heaters
UL 2021--Fixed and Location-Dedicated Electric Room Heaters
UL 2044--Commercial Closed Circuit Television Equipment
UL 2601-1--Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 3044--Surveillance Closed Circuit Television Equipment
UL 3101-1--Electrical Equipment for Laboratory Use; Part 1: General
UL 3111-1--Electrical Measuring and Test Equipment, Part 1: General

    The five standards for which ITS has been recognized on an interim 
basis are:

ANSI/UL 773--Plug-In, Locking Type Photocontrols for Use with Area 
Lighting
ANSI/UL 773A--Nonindustrial Photoelectric Switches for Lighting Control
UL 1673--Electric Space Heating Cables
UL 2097--Double Insulation Systems for Use in Electronic Equipment
UL 6500--Audio/Visual and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use

    ITS must also abide by the following conditions of the expansion of 
its recognition, in addition to those already required by 29 CFR 
1910.7:
    This recognition does not apply to any aspect of any ITS program 
which is available only to qualified manufacturers and is based upon 
the NRTL's evaluation and accreditation of the manufacturer's quality 
assurance program;
    The Occupational Safety and Health Administration shall be allowed 
access to ITS's facilities and records for purposes of ascertaining 
continuing compliance with the terms of its recognition and to 
investigate as OSHA deems necessary;
    If ITS has reason to doubt the efficacy of any test standard it is 
using under this program, it shall promptly inform the test standard 
developing organization of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    ITS shall not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, ITS agrees that it will allow no representation 
that it is either a recognized or an accredited Nationally Recognized 
Testing Laboratory without clearly indicating the specific equipment or 
material to which this recognition is tied, or that its recognition is 
limited to certain products;
    ITS shall inform OSHA as soon as possible, in writing, of any 
change of ownership or key personnel, including details;
    ITS will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    ITS will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.
    The last day for interested parties to submit written comments on 
the interim recognition of ITS for the five aforementioned test 
standards is January 21, 1997.
    Send comments to: NRTL Recognition Program, Occupational Safety and 
Health Administration, U.S. Department of Labor--Room N3653, 200 
Constitution Avenue, NW, Washington, D.C. 20210.

EFFECTIVE DATE: This recognition will become effective on November 20, 
1996 and will be valid until November 22, 2001, unless terminated prior 
to that date, in accordance with 29 CFR 1910.7.

    Signed at Washington, DC, this 12th day of November 1996.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 96-29626 Filed 11-19-96; 8:45 am]
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