[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Notices]
[Pages 2438-2439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-916]


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DEPARTMENT OF LABOR

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


SGS U.S. Testing Company, Inc., Application for Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of SGS U.S. Testing 
Company, Inc. (SGSUS), 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 March 14, 2000.

ADDRESS: 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, DC 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program 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 SGS US Testing Company, Inc. (SGSUS), has applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). The expansion request by SGSUS covers the use of 
additional test standards. SGSUS has also requested recognition to use 
additional supplemental programs. OSHA recognizes an organization as an 
NRTL, and processes applications related to such recognitions, 
following requirements in Sec. 1910.7 of Title 29, Code of Federal 
Regulations (29 CFR 1910.7). Appendix A to this section requires that 
OSHA publish this public notice of the preliminary finding on an 
application.
    The most recent notice published by OSHA for the SGSUS recognition 
covered a correction of recognition (63 FR 69683, December 17, 1998). 
The correction pertained to the renewal and expansion of the SGSUS 
recognition, which OSHA announced on May 19, 1998 (63 FR 27598) and 
granted on August 28, 1998 (63 FR 46084). In these notices, OSHA had 
imposed certain conditions on SGSUS, which we repeat in this notice and 
will include in any final notice on this expansion request.
    The current address of the SGSUS facilities (sites) recognized by 
OSHA are: SGS U.S. Testing Company Inc., 291 Fairfield Avenue, 
Fairfield, New Jersey 07004, SGS U.S. Testing Company Inc., 5555 
Telegraph Road, Los Angeles, California 90040.

General Background on the Application

    SGSUS has submitted a request, dated August 9, 1999 (see Exhibit 
14), to expand its recognition as an NRTL for the four (4) additional 
test standards listed below. In this letter, the NRTL also included a 
request for recognition to use the two (2) additional supplemental 
programs also listed below.

Test Standards

    SGSUS seeks recognition for testing and certification of products 
to demonstrate compliance to the 4 test standards listed below and OSHA 
has determined the standards are appropriate, as prescribed by 29 CFR 
1910.7(c). As is the case for any NRTL, the SGSUS recognition for a 
particular test standard is further limited to equipment or materials 
(i.e., products) for which OSHA standards require third party testing 
and certification before use in the workplace. As a result, OSHA's 
recognition of an NRTL for a test standard excludes any product(s), 
falling within the scope of the test standard, for which OSHA has no 
such requirements. In addition, testing or certification to these 
standards will be limited to those sites that have the proper 
capability and programs. In fact, this limitation applies to all test 
standards for which SGSUS is currently recognized. This treatment is 
consistent with the recognition that OSHA has granted to other NRTLs 
that operate or utilize multiple sites.

ANSI/UL 696 Electric Toys
ANSI/UL 697 Toy Transformers
ANSI/UL 1310 Class 2 Power Units
ANSI/UL 6500 Audio/Visual and Musical Instrument Apparatus for 
Household, Commercial, and Similar General Use

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.

Programs and Procedures

    SGSUS also seeks to use the supplemental programs listed below, 
based upon the criteria detailed in the March 9, 1995 Federal Register 
notice

[[Page 2439]]

(60 FR 12980, 3/9/95). This notice lists nine (9) programs and 
procedures (collectively, programs), eight of which (called 
supplemental programs) an NRTL may use to control and audit, but not 
actually to generate, the data relied upon for product certification. 
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. SGSUS has 
already received recognition for two of the supplemental programs, and 
the on-site review report indicates that SGSUS appears to meet the 
criteria for use of the following supplemental programs for which it 
has applied:

    Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    Program 9: Acceptance of services other than testing or 
evaluation performed by subcontractors or agents.

    OSHA developed the program descriptions to limit how an NRTL may 
perform certain aspects of its work and to permit the activities 
covered under a program only when the 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 
under 29 CFR 1910.7. However, OSHA does treat these programs as one of 
the three elements that defines an NRTL's scope of recognition.

Conditions--Use of Programs

    As previously mentioned, OSHA included certain conditions in the 
Federal Register notice for the renewal of the SGSUS recognition, 
published on August 28, 1998 (63 FR 46084). The conditions applied to 
the recognition to use the additional programs listed in that notice, 
and also apply to the programs listed in this current notice of our 
preliminary finding. These conditions are in addition to the 
requirements detailed in the previously cited March 9, 1995 Federal 
Register:

    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.

Preliminary Finding on the Application

    SGSUS has submitted an acceptable request for expansion of its 
recognition as an NRTL. In connection with the request, OSHA performed 
an on-site review of the SGSUS facility in Fairfield, New Jersey, on 
June 7-8, 1999. Discrepancies noted by the assessor during the on-site 
review were addressed by SGSUS following the on-site evaluation and are 
factored into the recommendation in the on-site review report (see 
Exhibit 15).
    Following a review of the application file, the on-site review 
report, and other pertinent documents, the NRTL Program staff has 
concluded that OSHA can grant, to the SGS U.S. Testing Company, Inc., 
facilities, listed above, the expansion of recognition to use the 
additional four (4) test standards, also listed above, with the 
limitations to be applied as noted. The staff also grants use of the 
two (2) supplemental programs, subject to the above conditions. The 
staff therefore recommended to the Assistant Secretary that the 
application be preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that the SGS U.S. Testing Company, Inc., 
facilities listed above can meet the recognition requirements, as 
prescribed by 29 CFR 1910.7, for the expansion of recognition, subject 
to the above limitations and conditions. This preliminary finding does 
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
SGSUS has met the requirements of 29 CFR 1910.7 for the 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 the SGSUS request, 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-2-90, the permanent record of 
public information on the SGSUS recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant the SGSUS 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 1910.7. OSHA will publish a public notice of this final decision 
in the Federal Register.

    Signed at Washington, DC, this 5th day of January, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-916 Filed 1-13-00; 8:45 am]
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