[Federal Register Volume 65, Number 44 (Monday, March 6, 2000)]
[Notices]
[Pages 11804-11806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5342]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-93]


Wyle Laboratories, Inc.; Application for Renewal of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of Wyle Laboratories, 
Inc. (Wyle), for renewal 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 May 5, 2000.

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, NRTL Program at the above 
address, or phone (202) 693-2110.

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that Wyle Laboratories, Inc. (Wyle), has applied for 
renewal of its current recognition as a Nationally Recognized Test 
Laboratory (NRTL). Wyle requests renewal for its existing scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization has 
meet the legal requirements in Sec. 1910.7 of Title 29, Code of Federal 
Regulations (29 CFR 1910.7). Recognition is an acknowledgement 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, OSHA can accept products ``properly certified'' by the 
NRTL. OSHA processes applications related to an NRTL's recognition 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish this public notice of the preliminary 
finding on an application.
    The most recent notices published by OSHA for Wyle's recognition 
covered an expansion of recognition for additional test standards and 
programs, which OSHA announced on July 12, 1996 (61 FR 36764) and 
granted on November 20, 1996 (61 FR 59115). The only other notices that 
OSHA has published for Wyle covered its initial recognition, which OSHA 
announced on January 6, 1994 (59 FR 783) and granted on July 22, 1994 
(59 FR 37509). The renewal would incorporate all recognitions granted 
to Wyle through the date of publication of this preliminary finding.
    The current address of the Wyle facility recognized by OSHA is: 
Wyle Laboratories, 7800 Highway 20 West, P.O. Box 077777, Huntsville, 
Alabama 35807.

General Background on the Applicant and the Application

    Wyle has submitted a request, dated August 19, 1998 (see Exhibit 
15), to renew its recognition as an NRTL. The letter requested renewal 
for its existing scope of recognition, which includes the facility 
listed above, and 122 test standards and 8 supplemental programs. 
However,some of the test standards for which Wyle is currently 
recognized have been withdrawn by the standards developing 
organization. As appropriate, OSHA has eliminated or replace these test 
standards in the list shown below.
    Wyle was first recognized as an NRTL in 1994 and, at the time, it 
was part of Wyle Laboratories, a publicly-held corporation first 
established in 1949. In 1995, Wyle informed OSHA (see Exhibit 13) that 
it had become a ``privately held company incorporated in the State of 
Delaware.'' The ``new'' company name was also ``Wyle Laboratories.'' In 
1997, the NRTL informed OSHA of the sale of its ``Electronic Enclosures 
Division,'' and requested that OSHA remove a condition that the Agency 
had imposed in the notice of Wyle's recognition. This condition 
excluded from the recognition any testing and certification of an 
``enclosure cabinet manufactured or distributed by Wyle.'' OSHA granted 
this request on January 16, 1998 (63 FR 2700).

Test Standards

    Wyle seeks renewal of its recognition for testing and certification 
of products to demonstrate compliance to the following one hundred 
thirty nine (139 test standards, all of which OSHA has determined are 
appropriate, as prescribed by 29 CFR 1910.7(c). As mentioned, some of 
these standards are substitutes for the test standard that OSHA 
originally recognized for Wyle. As is the case for any NRTL, Wyle's 
recognition for a particular test standard is 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.

ANSI/UL 8  Foam Fire Extinguishers
ANSI/UL 20  General-Use Snap Switches
ANSI/UL 22  Amusement and Gaming Machines
ANSI/UL 44  Rubber-Insulated Wires and Cables
ANSI/UL 45  Portable Electric Tools
ANSI/UL 48  Electric Signs
ANSI/UL 62  Flexible Cord and Fixture Wire
ANSI/UL 65  Wired Cabinets
ANSI/UL 67  Panelboards
ANSI/UL 73  Motor-Operated Appliances
ANSI/UL 83  Thermoplastic-Insulated Wires and Cables
ANSI/UL 92  Fire Extinguisher and Booster Hose
ANSI/UL 98  Enclosed and Dead-Front Switches
ANSI/UL 153  Portable Electric Lamps
ANSI/UL 154  Carbon-Dioxide Fire Extinguishers
ANSI/UL 187  X-Ray Equipment
ANSI/UL 198B  Class H Fuses
ANSI/UL 199C  High-Interrupting-Capacity Fuses, Current-Limiting Types
ANSI/UL 198D  Class K Fuses
ANSI/UL 198E  Class R Fuses
ANSI/UL 198F  Plug Fuses
ANSI/UL 198G  Fuse for Supplementary Overcurrent Protection
ANSI/UL 198H  Class T Fuses
ANSI/UL 198L  DC Fuses for Industrial Use
ANSI/UL 244A  Solid-State Controls for Appliances
ANSI/UL 299  Dry Chemical Fire Extinguishers
ANSI/UL 363  Knife Switches
ANSI/UL 393  Indicating Pressure Gauges for Fire-Protection Service
ANSI/UL 429  Electrically Operated Values
UL 444  Communications Cables
ANSI/UL 466  Electric Scales
ANSI/UL 467  Grounding and Bonding Equipment

[[Page 11805]]

ANSI/UL 484  Room Air Conditioners
ANSI/UL 486B  Wire Connectors for Use With Aluminum Conductors
ANSI/UL 486C  Splicing Wire Connectors
ANSI/UL 486D  Insulated Wire Connectors for Use with Underground 
Conductors
ANSI/UL 489  Molded-Case Circuit Breakers and Circuit-Breaker 
Enclosures
ANSI/UL 497A  Secondary Protectors for Communication Circuits
ANSI/UL 498  Attachment Plugs and Receptacles
ANSI/UL 499  Electric Heating Appliances
ANSI/UL 506  Specialty Transformers
ANSI/UL 507  Electric Fans
ANSI/UL 508  Industrial Control Equipment
ANSI/UL 510  Insulating Tape
ANSI/UL 512  Fuseholders
ANSI/UL 539  Single and Multiple Station Heat Detectors
ANSI/UL 541  Refrigerated Vending Machines
UL 544  Electric Medical and Dental Equipment
ANSI/UL 626  2\1/2\Gallon Stored-Pressure Water-Type Fire Extinguishers
ANSI/UL 698  Industrial Control Equipment for Use in Hazardous 
(Classified) Locations
ANSI/UL 711  Rating and Fire Testing of Fire Extinguishers
ANSI/UL 745-1  Portable Electric Tools
ANSI/UL 745-2  Particular Requirements of Drills
ANSI/UL 745-2-2  Particular Requirements for Screwdrivers and Impact 
Wrenches
ANSI/UL 745-2-3  Particular Requirements for Grinders, Polishers, and 
Disk-Type Sanders
ANSI/UL 745-2-4  Particular Requirements for Sanders
ANSI/UL 745-2-5  Particular Requirements for Circular Saws and Circular 
Knives
ANSI/UL 745-2-6  Particular Requirements for Hammers
ANSI/UL 745-2-8  Particular Requirements for Shears and Nibblers
ANSI/UL 745-2-9  Particular Requirements for Tappers
ANSI/UL 745-2-11  Particular Requirements for Reciprocating Saws
ANSI/UL 745-2-12  Particular Requirements for Concrete Vibrators
ANSI/UL 745-2-14  Particular Requirements for Planers
ANSI/UL 745-2-17  Particular Requirements for Routers and Trimmers
ANSI/UL 745-2-30  Particular Requirements for Staplers
ANSI/UL 745-2-31  Particular Requirements for Diamond Core Drills
ANSI/UL 745-2-32  Particular Requirements for Magnetic Drill Presses
ANSI/UL 745-2-33  Particular Requirements for Portable Bandsaws
ANSI/UL 745-2-34  Particular Requirements for Strapping Tools
ANSI/UL 745-2-35  Particular Requirements for Drain Cleaners
ANSI/UL 745-2-36  Particular Requirements for Hand Motor Tools
ANSI/UL 745-2-37  Particular Requirements for Plate Jointer
ANSI/UL 796  Printed-Wiring Boards
ANSI/UL 813  Commercial Audio Equipment
ANSI/UL 817  Cord Sets and Power-Supply Cords
ANSI/UL 845  Motor Control Centers
ANSI/UL 854  Service-Entrance Cables
ANSI/UL 863  Time-Indicating and -Recording Appliances
ANSI/UL 877  Circuit Breakers and Circuit-Breaker Enclosure for Use in 
Hazardous (Classified) Locations
ANSI/UL 894  Switches for Use Hazardous (Classified) Locations
ANSI/UL 916  Energy Management Equipment
ANSI/UL 917  Clock-Operated Switches
ANSI/UL 924  Emergency Lighting and Power Equipment
ANSI/UL 943  Ground-Fault Circuit-Interrupters
ANSI/UL 961  Electric Hobby and Sports Equipment
ANSI/UL 977  Fused Power-Circuit Devices
ANSI/UL 998  Humidifiers
ANSI/UL 1004  Electric Motors
ANSI/UL 1008  Automatic Transfer Switches
ANSI/UL 1012  Power Supplies
ANSI/UL 1018  Electric Aquarium Equipment
UL 1022  Line Isolation Monitors
ANSI/UL 1028  Hair Clipping and Shaving Appliances
ANSI/UL 1047  Isolated Power Systems Equipment
ANSI/UL 1053  Ground-Fault Sensing and Relaying Equipment
ANSI/UL 1054  Special-Use Switches
ANSI/UL 1058  Halogenated Agent Extinguishing System Units
UL 1059  Terminal Blocks
ANSI/UL 1066  Low-Voltage AC and DC Power Circuit Breakers Used in 
Enclosures
ANSI/UL 1069  Hospital Signaling and Nurse-Call Equipment
ANSI/UL 1077  Supplementary Protectors for Use in Electrical Equipment
ANSI/UL 1087  Molded-Case Switches
UL 1091  Butterfly Valves for Fire-Protection Service
ANSI/UL 1093  Halogenated Agent Fire Extinguishers
ANSI/UL 1097  Double Insulation Systems for Use in Electrical Equipment
ANSI/UL 1236  Battery Chargers
UL 1244  Electrical and Electronic Measuring and Testing Equipment
ANSI/UL 1254  Pre-Engineered Dry Chemical Extinguishing Systems Units
ANSI/UL 1262  Laboratory Equipment
ANSI/UL 1283  Electromagnetic Interference Filters
ANSI/UL 1310  Class 2 Power Units
ANSI/UL 1411  Transformers and Motor Transformer for Use in Audio- 
Radio-, and Television-Type Appliances
ANSI/UL 1412  Fusing Resistors and Temperature-Limited Resistors for 
Radio- and Television-Type Appliances
ANSI/UL 1416  Overcurrent and Overtemperature Protectors for Radio- and 
Television-Type Appliances
ANSI/UL 1424  Cables for Power-Limited Fire-Alarm Circuits
ANSI/UL 1429  Pullout Switches
UL 1437  Electrical Analog Instruments--Panel Board Types
UL 1449  Transient Voltage Surge Suppressors
ANSI/UL 1459  Telephone Equipment
ANSI/UL 1474  Adjustable Drop Nipples for Sprinkler Systems
ANSI/UL 1481  Power Supplies for Fire-Protective Signaling Systems
ANSI/UL 1486  Quick Opening Devices for Dry Pipe Valves for Fire-
Protection Service
ANSI/UL 1557  Electrically Isolated Semiconductor Devices
ANSI/UL 1564  Industrial Battery Chargers
ANSI/UL 1570  Fluorescent Lighting Fixtures
ANSI/UL 1571  Incandescent Lighting Fixtures
ANSI/UL 1577  Optical Isolaters
ANSI/UL 1585  Class 2 and Class 3 Transformers
UL 1604  Electrical Equipment for Use in Class I and II, Division 2, 
and Class III Hazardous (Classified) Locations
ANSI/UL 1664  Immersion-Detection Circuit-Interrupters
ANSI/UL 1673  Electric Space Heating Cables
ANSI/UL 1682  Plugs, Receptacles, and Cable Connectors, of the Pin and 
Sleeve Type
ANSI/UL 1778  Uninterruptible Power Supply Equipment
UL 1863  Communication Circuit Accessories
ANSI/UL 1876  Isolating Signal and Feedback Transformers for Use in 
Electronic Equipment

[[Page 11806]]

ANSI/UL 1950  Information Technology Equipment, Including Electrical 
Business Equipment
ANSI/UL 1995  Heating and Cooling Equipment
ANSI/UL 2006  Halon 1211 Recovery/Recharge Equipment
UL 2111  Overheating Protection for Motors

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

Programs and Procedures

    In its renewal, Wyle also seeks continued use of the supplemental 
programs listed below, based upon the criteria detailed in the March 9, 
1995 Federal Register notice (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. OSHA previously granted Wyle recognition to use these 
programs, which are listed in OSHA's informational web page on the Wyle 
recognition.
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 5: Acceptance of testing data from non-independent 
organizations.
    Program 6: Acceptance of evaluation data from non-independent 
organizations (requiring NRTL review prior to marketing).
    Program 7: Acceptance of continued certification following minor 
modifications by the client.
    Program 8: Acceptance of product evaluations from organizations 
that function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme.
    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 accept 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.

Preliminary Finding on the Application

    Wyle has submitted an acceptable request for renewal of its 
recognition as an NRTL. In connection with the request, OSHA performed 
an on-site assessment (review) of Wyle's facility in Huntsville, 
Alabama, on August 3-5, 1999. Discrepancies noted by the assessor 
during the on-site review were addressed by Wyle following the on-site 
evaluation and are factored into the recommendation in the non-site 
review report (see Exhibit 16).
    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 Wyle the renewal of its recognition as 
an NRTL to use the facility, test standards, and programs, listed 
above, with any limitations to be applied as noted. 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 Wyle Laboratories, Inc., can 
meet the requirements, as prescribed by 29 CFR 1910.7, for renewal of 
its recognition, subject to any limitations described above. This 
preliminary finding does not constitute an interim or temporary 
approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
Wyle has met the requirements of 29 CFR 1910.7 for renewal of its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
a comment, OSHA must receive it 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 Wyle's 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-1-93, the permanent record of public 
information on the Wyle recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant Wyle's application for renewal of recognition. The Assistant 
Secretary will make the final decision on granting the renewal 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, DC this 18th day of February, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-5342 Filed 3-3-00; 8:45 am]
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