[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Notices]
[Pages 46084-46085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23249]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-2-90]


SGS U. S. Testing Company Inc., Renewal & Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
applications of SGS U.S. Testing Company Inc., under 29 CFR 1910.7, for 
renewal of its recognition as an NRTL, and for an expansion of its 
recognition to include an additional site and to use additional 
programs and procedures. When initially recognized, the organization 
was called U.S. Testing Company, Inc., California Division, and this 
notice formally reflects the name change to SGS U.S. Testing Company 
Inc.

EFFECTIVE DATE: This recognition will become effective on August 28, 
1998 and will be valid until August 28, 2003, unless terminated or 
modified prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, NRTL Program, Office 
of Technical Programs and Coordination Activities, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N3653, Washington, D.C. 20210, or phone (202) 219-
7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    Notice is hereby given that the Occupational Safety and Health 
Administration (OSHA) has renewed and expanded the recognition of SGS 
U.S. Testing Company Inc. (SGS), as a Nationally Recognized Testing 
Laboratory (NRTL), pursuant to 29 CFR 1910.7. When first recognized as 
an NRTL, the organization's name was U.S. Testing Company, Inc., 
California Division. SGS informed OSHA of the change in name (see 
Exhibit 7B), and this notice reflects that change.
    Regarding the renewal, SGS received its recognition as an NRTL on 
March 23, 1993 (see 58 FR 15509), for a period of five years ending 
March 23, 1998. Appendix A to 29 CFR 1910.7 stipulates that the period 
of recognition of an NRTL is five years and that an NRTL may renew its 
recognition by applying not less than nine months, nor more than one 
year, before the expiration date of its current recognition. SGS 
applied for a renewal of its recognition on March 23, 1997 (see Exhibit 
7C), within the time allotted, and retained its recognition pending 
OSHA's final decision in this renewal process.
    Regarding the expansions, SGS requested recognition to use 
additional programs and procedures, and for the recognition of its 
facility (site) in Fairfield, New Jersey, which will become the 
headquarters of its NRTL operations (see Exhibits 7D-7F). The 
recognition of this site covers testing and certification to the test 
standards listed below in the section titled ``Expansion of 
Recognition--Additional Facility,'' and use of the additional programs 
and procedures, also listed below.
    The notice of the applications for renewal and expansion of 
recognition was published in the Federal Register (see 63 FR 27598, 5/
19/98). The notice included a preliminary finding that SGS could meet 
the requirements in 29 CFR 1910.7 for renewal and expansion of its 
recognition, subject to certain conditions, and invited public comment 
on the applications by July 20, 1998. Two comments were received in 
response to the notice that favored SGS' pending expansion (see 
Exhibits 9-1 and 9-2). The previous application of SGS, pursuant to 29 
CFR 1910.7, covered its recognition as an NRTL (56 FR 10045, 3/23/92), 
which OSHA granted on the date noted above.
    Copies of all documents (Docket No. NRTL-2-90) are available for 
inspection and duplication at the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N2625, Washington, D.C. 20210.
    The address of the SGS site for the renewal of recognition is: SGS 
U.S. Testing Company Inc., 555 Telegraph Road, Los Angeles, California 
90040. The address of the additional site for which SGS is recognized 
is: SGS U.S. Testing Company Inc., 291 Fairfield Avenue, Fairfield, New 
Jersey 07004.

Final Decision and Order

    Based upon a preponderance of the evidence, the OSHA staff findings 
and recommendations, and the on-site review report, dated February 27, 
1998 (see Exhibit 8), OSHA finds that SGS has met the requirements of 
29 CFR 1910.7 for the renewal of recognition of its Los Angeles, 
California site for testing and certification to the 16 test standards 
listed under ``Renewal of Recognition'' below. OSHA also finds that SGS 
has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition to include the Fairfield, New Jersey site, and the 2 
additional

[[Page 46085]]

programs and procedures listed below, all subject to certain 
conditions. Pursuant to the authority in 29 CFR 1910.7, the recognition 
of SGS is hereby renewed and expanded, subject to those conditions. 
This recognition is limited to equipment or materials that, under 29 
CFR Part 1910, require testing, listing, labeling, approval, 
acceptance, or certification, by a Nationally Recognized Testing 
Laboratory. The recognition is further limited to equipment or 
materials that will be used in environments under OSHA's jurisdiction.

Renewal of NRTL Recognition

    The recognition of the SGS Los Angeles, California site is renewed 
for testing and certification of equipment included within the scope of 
the following 16 test standards, which OSHA has determined are 
appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 1 Flexible Metal Conduit
ANSI/UL 3 Flexible Nonmetallic Tubing for Electric Wiring
ANSI/UL 250 Household Refrigerators and Freezers
ANSI/UL 514A Metallic Outlet Boxes, Electrical
UL 544 Electric Medical and Dental Equipment
ANSI/UL 632 Electrically Actuated Transmitters
ANSI/UL 751 Vending Machines
ANSI/UL 913 Intrinsically Safe Apparatus and Associated Apparatus for 
Use in Class I, II, and III, Division I, Hazardous (Classified) 
Locations
ANSI/UL 1012 Power Supplies
UL 1236 Electric Battery Chargers
UL 1270 Radio Receivers, Audio Systems, and Accessories
ANSI/UL 1418 Implosion-Protected Cathode-Ray Tubes for Television-Type 
Appliances
UL 1459 Telephone Equipment
ANSI/UL 1484 Residential Gas Detectors
ANSI/UL 1571 Incandescent Lighting Fixtures
UL 1604 Electrical Equipment for Use in Class I and II, Division 2 and 
Class III Hazardous (Classified) Locations

Expansion of Recognition--Additional Facility

    The recognition of SGS is expanded to include the Fairfield, New 
Jersey site for testing and certification of equipment included within 
the scope of the following 5 test standards, which OSHA has determined 
are appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 94 Tests for Flammability of Plastic Materials for Parts in 
Devices and Appliances
ANSI/UL 1950 Information Technology Equipment Including Electrical 
Business Equipment
UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 3101-1 Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 3111-1 Electrical Measuring and Test Equipment, Part 1: General

Expansion of Recognition--Programs and Procedures

    The recognition of SGS is expanded to include use of the following 
2 additional programs and procedures, based upon the criteria as 
detailed in OSHA's March 9, 1995 Federal Register notice (60 FR 12980). 
An NRTL may use these programs and procedures (collectively, programs) 
to control and audit, but not actually to generate, the data relied 
upon for product certification. An applicant, when initially recognized 
as an NRTL, is automatically accredited for the first, or basic, 
program, which requires that all product testing and evaluation be 
performed in-house by the NRTL that will certify the product.
    1. Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    2. Program 4: Acceptance of witnessed testing data.

Conditions--Use of Programs and Procedures

    The following conditions apply to the recognition to use the 
additional programs and procedures, and are in addition to the 
requirements detailed in the previously cited March 9, 1995 Federal 
Register (60 FR 12980):
    a. SGS U.S. Testing Company Inc., Fairfield, New Jersey, will 
review and approve the qualifications of all external organizations 
prior to SGS U.S. Testing Company Inc. accepting test data from these 
organizations.
    b. SGS U.S. Testing Company Inc., Fairfield, New Jersey, will 
review and approve the qualifications of all external organizations 
prior to SGS U.S. Testing Company Inc. using a site of any of these 
organizations for witnessed test data.

Other Conditions

    SGS U.S. Testing Company Inc. must also abide by the following 
conditions of the recognition, in addition to those already required by 
29 CFR 1910.7:
    OSHA shall be allowed access to SGS' facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If SGS 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;
    SGS 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, SGS agrees that it will allow no representation 
that it is either a recognized or an accredited Nationally Recognized 
Testing Laboratory (NRTL) without clearly indicating the specific 
equipment or material to which this recognition is tied, or that its 
recognition is limited to certain products;
    SGS shall inform OSHA as soon as possible, in writing, of any 
change of ownership or key personnel, including details;
    SGS will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    SGS will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.

    Signed at Washington, D.C. this 21st day of August, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-23249 Filed 8-27-98; 8:45 am]
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