[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Notices]
[Pages 30638-30640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11979]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-90]


SGS U.S. Testing Company, Inc.; 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 
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.

EFFECTIVE DATE: This recognition becomes effective on May 12, 2000 and, 
unless modified in accordance with 29 CFR 1910.7, continues in effect 
while SGSUS remains recognized by OSHA as an NRTL.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, 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, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of SGS U.S. Testing 
Company, Inc. (SGSUS), as a Nationally Recognized Testing Laboratory 
(NRTL). The SGSUS expansion covers the use of the additional test 
standards and the additional programs, listed below.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Sec. 1910.7 of Title 29, Code of Federal 
Regulations (29 CFR 1910.7). Recognition is an acknowledgment 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 its final 
decision on an application.
    SGSUS submitted an application, dated August 9, 1999 (see Exhibit 
14), to expand its recognition as an NRTL for the four (4) additional 
test standards listed below. The NRTL also included a request for use 
of the two (2) additional supplemental programs listed below. In 
processing the application, OSHA performed an on-site review of the 
SGSUS facility in Fairfield, New Jersey, on June 7-8, 1999. In the 
final report of the on-site review report (see Exhibit 15), the 
assessor recommended the expansion for the additional test standards 
and additional programs.
    OSHA published the required notice in the Federal Register (65 FR 
2438, 01/14/2000) to announce the SGSUS expansion application. The 
notice included a preliminary finding that SGSUS could meet the 
requirements for expansion of its recognition, and OSHA invited public 
comment on the application by March 14, 2000. OSHA received no comments 
concerning this application.
    The most recent prior notices published by OSHA for the SGSUS

[[Page 30639]]

recognition covered the renewal and expansion of its recognition, which 
OSHA announced on May 19, 1998 (63 FR 27598), and granted on August 28, 
1998 (63 FR 46084). OSHA published a correction to this last notice on 
December 17, 1998 (63 FR 69683).
    You may obtain or review copies of all public documents pertaining 
to the application by contacting the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N2625, Washington, DC 20210, telephone: (202) 693-2350. 
You should refer to Docket No. NRTL-2-90, the permanent records of 
public information on the SGSUS recognition.
    The current addresses of the facilities (sites) that OSHA 
recognizes for SGSUS 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

Final Decision and Order

    The NRTL Program staff has examined the application, the on-site 
review report, and other pertinent information. Based upon this 
examination and the staff's recommendation, OSHA finds that SGS U.S. 
Testing Company Inc., has met the requirements of 29 CFR 1910.7 for 
expansion of its recognition to include the additional test standards, 
listed below, subject to the limitations and conditions listed below. 
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
recognition of SGSUS, subject to these limitations and conditions.

Limitations

    OSHA hereby expands the recognition of SGSUS for testing and 
certification of products to demonstrate conformance to the four (4) 
additional test standards listed below. OSHA has determined that each 
test standard meets the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).
    The Agency's recognition of SGSUS, or any NRTL, for a particular 
test standard is always limited to equipment or materials (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 any of the standards listed below 
is 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 the preliminary notice, which 
announced the SGSUS application for expansion.

Programs and Procedures

    OSHA is granting the request by SGSUS to use the two (2) 
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 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. The on-
site review report indicates that SGSUS meets the criteria for use of 
the following additional supplemental programs:

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.
    OSHA previously granted a request by SGSUS to use two other 
supplemental programs but included certain conditions on their use. 
Since these conditions are still in effect and apply to the use of 
Program 3, we have listed them below. These conditions apply solely to 
the SGSUS operations as an NRTL and solely to those products that it 
certifies for purposes of enabling employers to meet OSHA product 
approval requirements. The conditions are in addition to the 
requirements detailed in the previously cited March 9, 1995 Federal 
Register. Also, they are in addition to the other conditions listed 
below, which OSHA normally imposes in its recognition notices. The NRTL 
Program staff includes these type of additional conditions on OSHA's 
informational web page for the NRTL. When the staff determines that a 
particular condition is no longer in effect, the staff removes it from 
the web page and notifies the NRTL accordingly. OSHA has no requirement 
to give public notice when removing such a condition.

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:
    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.
    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.
    OSHA must be allowed access to the SGSUS facilities and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If SGSUS has reason to doubt the efficacy of any test standard it 
is using under this program, it must promptly inform the organization 
that developed the test standard of this fact and provide that 
organization with appropriate relevant information upon which its 
concerns are based;
    SGSUS must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, SGSUS 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;

[[Page 30640]]

    SGSUS must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details;
    SGSUS will continue to meet all the terms of its recognition and 
will always comply with all OSHA policies pertaining to this 
recognition;
    SGSUS will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    SGSUS 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, DC this 2nd day of May 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-11979 Filed 5-11-00; 8:45 am]
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