[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Notices]
[Pages 44241-44242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20998]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-4-93]


Underwriters Laboratories Inc., Application for Expansion of 
Recognition

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the application of Underwriters 
Laboratory Inc. (UL), for expansion of its recognition as a Nationally 
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents 
the Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of this application.

DATES: Comments submitted by interested parties must be received no 
later than October 12, 1999.

ADDRESSES: Send comments concerning this notice to: Office of Technical 
Programs and Coordination Activities, NRTL Program, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N3653, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities at the above address, or phone 
(202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that Underwriters Laboratories Inc. (UL), has applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). UL's expansion covers the use of additional testing 
sites. OSHA recognizes an organization as an NRTL and processes 
applications related to such recognitions following requirements in 
Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 
1910.7). Appendix A to this section requires that OSHA publish this 
notice of the preliminary finding on an application.
    UL's previous application as an NRTL covered an expansion of 
recognition (62 FR 62359, 11/21/97), which OSHA granted on June 24, 
1999 (64 FR 33913).
    The current addresses of the testing facilities (sites) that OSHA 
already recognizes for UL are:
Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, 
Illinois 60062
Underwriters Laboratories Inc., 1285 Walt Whitman Road, Melville, Long 
Island, New York 11747
Underwriters Laboratories Inc., 1655 Scott Boulevard, Santa Clara, 
California 95050
Underwriters Laboratories Inc., 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, North Carolina 27709
Underwriters Laboratories Inc., 2600 NW Lake Road, Camas, Washington 
98607
UL International Limited, Veristrong Industrial Centre, Block B, 14th 
Floor, 34 Au Pui Wan Street, Fo Tan Sha Tin, New Territories, Hong Kong
UL International Services, Ltd., Taiwan Branch, 4th Floor, 260 Da-Yeh 
Road, Pei Tou District, Taipei, Taiwan
    The current addresses of the additional UL testing sites covered by 
the expansion request are:
DEMKO A/S, Lyskaer 8, P.O. Box 514, DK-2730, Herlev, Denmark
Underwriters Laboratory International (U.K.) Ltd., 2 Station View, 
Guildford, Surrey, GU1 4JY, United Kingdom
Underwriters Laboratory International Italia S.r.l., Centro Direzionale 
Colleoni, Palazzo Andromeda/3, 1-20041 Agrate Brianza (MI), Milan, 
Italy

General Background on the Application and Note on Supplemental 
Programs

    UL has submitted a request, dated March 4, 1998 (see Exhibit 19A), 
to expand its recognition as an NRTL to include three sites in Europe. 
UL then submitted supporting information concerning its request (see 
Exhibits 19B-D) and requested the use of all the ``supplemental'' 
programs at each of the 3 sites (see Exhibit 19E). The supporting 
information that UL has submitted for these additional sites provides a 
general description of UL operations and, as such, also applies to the 
sites already recognized by OSHA. Each of the three European sites is a 
subsidiary of UL. The site in Milan also includes a testing facility in 
Sardinia, Italy.
    OSHA's recognition of the three additional sites will not be 
limited to any particular test standards. However, recognition of these 
sites will be limited to performing product testing and certifications 
only to the test standards for which the site has the proper capability 
and programs, and for which OSHA has recognized UL. This treatment is 
consistent with the recognition that OSHA has granted to other NRTLs 
that operate multiple sites. Also, OSHA will permit these sites to use 
of all eight of the ``supplemental'' programs. OSHA has already 
recognized UL for these programs and, as a result, we are not listing 
them again in this notice, but merely providing this information as a 
matter of public interest.
    OSHA has described the supplemental programs referred to above in a 
March 9, 1995 Federal Register notice (60 FR 12980, 3/9/95). This 
notice described nine (9) programs and procedures (collectively, 
programs), eight of which an NRTL may use to control and audit, but not 
actually to generate, the data relied upon for product certification. 
The notice also includes the criteria for the use by the NRTL of these 
eight, or supplemental, programs. An NRTL's initial recognition will 
always include 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. OSHA developed the program descriptions to 
limit how an NRTL may perform certain aspects of its work and to permit 
the activities only when the

[[Page 44242]]

NRTL meets certain criteria. In this sense, they are special conditions 
that the Agency places on an NRTL's recognition. OSHA does not consider 
these programs in determining whether an NRTL meets the requirements 
for recognition, or for an expansion or renewal of recognition, under 
29 CFR 1910.7.

Preliminary Finding on the Application

    UL has submitted an acceptable request for expansion of its 
recognition as an NRTL. In connection with these requests, OSHA carried 
out on-site reviews of the three sites covered by the expansion request 
during the period of September 14-29, 1998. Discrepancies noted by the 
review team during the on-site reviews were responded to following 
their completion and are included as an integral part of the on-site 
review report (see Exhibits 20). With the preparation of the final 
review report, the NRTL Program staff is satisfied that UL has 
addressed concerns arising from the review. In the report, the staff 
recommended that OSHA expand the recognition of UL to include the three 
(3) additional sites listed above. The staff also recommended that 
these sites be permitted to use all the supplemental programs.
    Following a review of the application file and the on-site review 
report, the NRTL Program staff concluded that UL appeared to have met 
the requirements for the expansion of recognition to include the three 
(3) additional sites listed above. The staff therefore recommended to 
the Assistant Secretary that the application be preliminarily approved. 
This recognition will be limited to UL utilizing the additional sites 
for performing product testing and certifications only to the test 
standards for which the site has the proper capability and programs, 
and for which OSHA has recognized UL.
    Based upon a review of the complete application, and the 
recommendations of the staff, the Assistant Secretary has made a 
preliminary finding that Underwriters Laboratory Inc., can meet the 
requirements as prescribed by 29 CFR 1910.7 for the expansion of its 
recognition to include the three additional sites listed above, subject 
to the above limitation. This preliminary finding does not constitute 
an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
UL has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
it, OSHA must receive the comment at the address provided above (see 
ADDRESS), no later than the last date for comments (see DATES above). 
You may obtain or review copies of UL's requests, the supporting 
information, the on-site review report, and all submitted comments, as 
received, by contacting the Docket Office, Room N2625, Occupational 
Safety and Health Administration, U.S. Department of Labor, at the 
above address. You should refer to Docket No. NRTL-4-93, the permanent 
records of public information on UL's recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant UL's expansion request. The Assistant Secretary will make the 
final decision on granting the expansion and, in making this decision, 
may undertake other proceedings prescribed in Appendix A to 29 CFR 
Section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

    Signed at Washington, D.C. this 3rd day of August, 1999.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 99-20998 Filed 8-12-99; 8:45 am]
BILLING CODE 4510-26-P