[Federal Register Volume 66, Number 52 (Friday, March 16, 2001)]
[Notices]
[Pages 15288-15291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6563]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-93]


Entela, 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 Entela, Inc., 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, or any request for 
extension of the time to comment, must be received no later than April 
2, 2001.

ADDRESSES: Submit written comments concerning this notice to: Docket 
Office, Docket NRTL-2-93, U.S. Department of Labor, Occupational Safety 
and Health Administration, Room N2625, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-2350. Commenters may 
transmit written comments of 10 pages or less in length by facsimile to 
(202) 693-1648. Submit request for extensions concerning this notice 
to: Office of Technical Programs and Coordination Activities, NRTL 
Program, Occupational Safety and Health Administration, U.S. Department 
of Labor, Room N3653, 200 Constitution Avenue, NW., Washington, DC 
20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 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 Entela, Inc. (ENT), has applied for renewal of its 
current recognition as a Nationally Recognized Testing Laboratory 
(NRTL). ENT requests renewal for its existing scope of recognition.
    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 the preliminary 
finding on an application.
    The most recent notices published by OSHA for ENT's recognition 
covered an expansion of recognition for additional test standards, 
which OSHA announced on November 10, 1998 (63 FR 63084), and granted on 
March 9, 1999 (64 FR 11501). The following is a chronology of the other 
Federal Register notices published by OSHA concerning Entela's 
recognition, all of which involved an expansion of recognition for 
additional sites, standards, or programs: a request announced on 
February 21, 1997 (62 FR 8041), and granted on May 22, 1997 (62 FR 
28066); and a request announced on April 17, 1998 (63 FR 19275), and 
granted on July 10, 1998 (63 FR 37416). OSHA also published a 
correction of recognition on July 13, 1999 (64 FR 37815).
    The current addresses of the testing facilities (sites) that OSHA 
recognizes for ENT are:

Entela, Inc., 3033 Madison, S.E., Grand Rapids, Michigan 49548
Entela Taiwan Laboratories, 3F No. 260 262 Wen, Lin North Road, Pei 
Tou, Taipei, Taiwan.

General Background on the Applicant and the Application

    Entela, Inc., was originally founded in 1974 as a Michigan 
Corporation specializing in structural steel inspection. In 1981, 
equipment and personnel were added to initiate an in-house materials 
laboratory. This was followed by a formation of certification programs 
within Entela, Inc. The original company was founded as Entel 
Engineering Services.
    Entela received its recognition as an NRTL on July 26, 1994 (59 FR 
37997), for a period of five years ending July 26, 1999. 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. Entela submitted a request to renew 
its recognition on, August 10, 1998 (see Exhibit 15), within the time 
allotted, and retains its recognition pending OSHA's final decision in 
this renewal process.

[[Page 15289]]

    ENT's request covers only renewal of its existing scope of 
recognition, which includes the facilities listed above, and 148 test 
standards and 8 supplemental programs.

Test Standards

    ENT seeks renewal of its recognition for testing and certification 
of products to demonstrate compliance to the following 148 test 
standards, all of which OSHA has determined are appropriate, within the 
meaning of 29 CFR 1910.7(c). OSHA's recognition of ENT, or any NRTL, 
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.
UL 22  Amusement and Gaming Machines
UL 45  Portable Electric Tools
UL 48  Electric Signs
UL 50  Electric Cabinets and Boxes
UL 67  Electric Panelboards
UL 73  Motor-Operated Appliances
UL 82  Electric Gardening Appliances
UL 94*  Tests for Flammability of Plastic Materials for Parts in 
Devices and Appliances
UL 98  Enclosed and Dead-Front Switches
UL 122  Photographic Equipment
UL 130  Electric Heating Pads
UL 141  Garment Finishing Appliances
UL 153  Portable Electric Lamps
UL 174  Household Electric Storage-Tank Water Heaters
UL 187  X-Ray Equipment
UL 197  Commercial Electric Cooking Appliances
UL 213  Rubber Gasketed Fittings for Fire Protection Service
UL 244A  Solid State Controls for Appliances
UL 250  Household Refrigerators and Freezers
UL 298  Portable Electric Hand Lamps
UL 325  Door, Drapery, Louver, and Window Operators and Systems
UL 353  Limit Controls
UL 355  Cord Reels
UL 429  Electrically Operated Valves
UL 467  Grounding and Bonding Equipment
UL 469  Musical Instruments and Accessories
UL 471  Commercial Refrigerators and Freezers
UL 482  Portable Sun/Heat Lamps
UL 484  Room Air Conditioners
UL 496  Edison-Base Lampholders
UL 499  Electric Heating Appliances
UL 506  Specialty Transformers
UL 507  Electric Fans
UL 508**  Electric Industrial Control Equipment
UL 541  Refrigerated Vending Machines
UL 542  Lampholders, Starters, and Starter Holders for Fluorescent 
Lamps
UL 544  Electric Medical and Dental Equipment
UL 563  Ice Makers
UL 609  Local Burglar-Alarm Units and Systems
UL 696  Electric Toys
UL 745-1  Portable Electric Tools
UL 745-2-1  Drills
UL 745-2-2  Screwdrivers and Impact Wrenches
UL 745-2-3  Grinders, Polishers and Disk-type Sanders
UL 745-2-4  Sanders
UL 745-2-5  Circular Saws and Circular Knives
UL 745-2-6  Hammers
UL 745-2-8  Shears and Nibblers
UL 745-2-9  Tappers
UL 745-2-11  Reciprocating Saws
UL 745-2-12  Concrete Vibrators
UL 745-2-14  Planers
UL 745-2-17  Routers and Trimmers
UL 745-2-30  Staplers
UL 745-2-31  Diamond Core Drills
UL 745-2-32  Magnetic Drill Press
UL 745-2-33  Portable Bandsaws
UL 745-2-34  Strapping Tools
UL 745-2-35  Drain Cleaners
UL 745-2-36  Hand Motor Tools
UL 745-2-37  Plate Joiners
UL 749  Household Dishwashers
UL 751  Vending Machines
UL 756  Coin and Currency Changers and Actuators
UL 763  Motor Operated Commercial Food Preparing Machines
UL 778  Motor-Operated Water Pumps
UL 796  Printed-Wiring Boards
UL 813  Commercial Audio Equipment
UL 817  Cord Sets & Power-Supply Cords
UL 826  Household Electric Clocks
UL 858  Household Electric Ranges
UL 859  Household Electric Personal Grooming Appliances
UL 863  Time-Indicating and Recording Appliance
UL 867  Electrostatic Air Cleaners
UL 869A  Reference Standard for Service Equipment
UL 873  Temperature-Indicating and Regulating Equipment
UL 916  Energy Management Equipment
UL 917  Clock Operated Switches
UL 921  Commercial Electric Dishwashers
UL 923  Microwave Cooking Appliances
UL 924  Emergency Lighting and Power Equipment
UL 935  Fluorescent-Lamp Ballasts
UL 961  Electric Hobby and Sports Equipment
UL 969  Marking and Labeling Systems
UL 982  Motor Operated Household Food Preparing Machines
UL 984  Hermetic Refrigerant Motor-Compressors
UL 987  Stationary and Fixed Electric Tools
UL 998  Humidifiers
UL 1004***  Electric Motors
UL 1005  Electric Flatirons
UL 1008  Transfer Switch Equipment
UL 1012  Power Units Other Than Class 2
UL 1018  Electric Aquarium Equipment
UL 1026  Electric Household Cooking and Food-Serving Equipment
UL 1028  Hair Clipping and Shaving Appliances
UL 1029  High-Intensity Discharge Lamp Ballasts
UL 1042  Electric Baseboard Heating Equipment
UL 1069  Hospital Signaling and Nurse-Call System
UL 1082  Household Electric Coffee Makers and Brewing-Type Appliances
UL 1083  Household Electric Skillets and Frying Type Appliances
UL 1086  Household Trash Compactors
UL 1088  Temporary Lighting Strings
UL 1206  Electric Commercial Clothes Washing Machines
UL 1230  Amateur Movie Lights
UL 1236  Battery Chargers for Charging Engine-Starter Batteries
UL 1244  Electrical and Electronic Measuring and Testing Equipment
UL 1261  Electric Water Heaters for Pools and Tubs
UL 1262  Laboratory Equipment
UL 1270  Radio Receivers, Audio Systems, and Accessories
UL 1286  Office Furnishings
UL 1310  Class 2 Power Units
UL 1410  Television Receivers and High-Voltage Video Products
UL 1418  Cathode-Ray Tubes
UL 1431  Personal Hygiene and Health Care Appliances
UL 1433  Control Centers for Changing Message Type Electric Signs
UL 1445  Electric Water Bed Heaters
UL 1447  Electric Lawn Mowers
UL 1448  Electric Hedge Trimmers
UL 1459  Telephone Equipment
UL 1472  Solid-State Dimming Controls
UL 1492  Audio-Video Products & Accessories
UL 1564  Industrial Battery Chargers
UL 1570  Fluorescent Lighting Fixtures
UL 1571  Incandescent Lighting Fixtures
UL 1572  High Intensity Discharge Lighting Fixtures
UL 1573  Stage and Studio Lighting Units

[[Page 15290]]

UL 1574  Track Lighting Systems
UL 1585  Class 2 and Class 3 Transformers
UL 1594  Sewing and Cutting Machines
UL 1638  Visual Signaling Appliances
UL 1647  Motor-Operated Massage and Exercise Machines
UL 1727  Commercial Electric Personal Grooming Appliances
UL 1786  Nightlights
UL 1838  Low Voltage Landscape Lighting Systems
UL 1950  Information Technology Equipment Including Electrical Business 
Equipment
UL 1993  Self-Ballasted Lamps and Lamp Adapters
UL 2044  Commercial Closed Circuit Television Equipment
UL 2157  Electric Clothes Washing Machines and Extractors
UL 2161  Neon Transformers and Power Supplies
UL 2601-1  Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 3044  Surveillance Closed Circuit Television Equipment
UL 3101-1  Electric Equipment for Laboratory Use, Part 1, General
UL 3111-1  Electrical Measuring and Test Equipment, Part 1: General
UL 6500  Audio/Video and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use
UL 8730-1  Electrical Controls for Household and Similar Use; Part 1: 
General Requirements
UL 8730-2-3  Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Thermal Motor Protectors for 
Ballasts for Tubular Fluorescent Lamps
UL 8730-2-4  Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Thermal Motor Protectors for 
Motor Compressors or Hermetic and Semi-Hermetic Type
UL 8730-2-8  Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electrically Operated Water 
Valves

    \*\ Exclusive of radiant panel testing.
    \**\ Limited to equipment of no greater than 500 amperes.
    \***\ Limited to motors rated no greater than one-half 
horsepower.

    Note: Testing and certification of gas operated equipment is 
limited to equipment for use with ``liquefied petroleum gas'' 
(``LPG'' or ``LP-Gas'').

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    Many of the Underwriters Laboratories (UL) test standards listed 
above are approved as American National Standards by the American 
National Standards Institute (ANSI). However, for convenience in 
compiling the list, we show the designation of the standards developing 
organization (e.g., UL 22) for the standard, as opposed to the ANSI 
designation (e.g., ANSI/UL 22). Under our procedures, an NRTL 
recognized for an ANSI approved test standard may use either the latest 
proprietary version of the test standard or the latest ANSI version of 
that standard, regardless of whether it is currently recognized for the 
proprietary or ANSI version. Contact ANSI or the ANSI web site to find 
out whether or not a standard is currently ANSI approved.

Programs and Procedures

    ENT's renewal also covers 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 ENT recognition to use these programs, 
which are listed in OSHA's informational web page on the ENT 
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.

Limitations on the Recognition

    The following limitations currently apply to the recognition of the 
Taiwan facility, and would continue to apply for the renewal:
    a. The Taiwan facility shall be limited to carrying out minor 
mechanical and electrical testing of instruments and small appliances.
    b. Performance of inspections shall be limited to Entela personnel.

Preliminary Finding on the Application

    ENT has submitted an acceptable request for renewal of its 
recognition as an NRTL. While processing this request, OSHA performed 
on-site reviews (audits) of ENT's NRTL testing facilities. Entela has 
addressed the discrepancies noted by the auditors following the review. 
NRTL Program assessment staff reviewed information from these reviews 
and, in a memo dated October 6, 2000 (see Exhibit 20), recommended the 
renewal of ENT's recognition.
    Following a review of the application file, the assessor's memo, 
and other pertinent documents, the NRTL Program staff has concluded 
that OSHA can grant to ENT the renewal of its recognition as an NRTL to 
use the facilities, test standards, and programs listed above. 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 Entela, Inc., can meet the 
recognition requirements as prescribed by 29 CFR 1910.7 for the renewal 
of its recognition. This preliminary finding does not constitute an 
interim or temporary approval of the application for Entela.
    OSHA welcomes public comments, in sufficient detail, as to whether 
ENT 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 
it, OSHA must receive the comment at the address provided above (see 
ADDRESSES) no later than the last date for comments (see DATES above). 
Should you need more

[[Page 15291]]

time to comment, OSHA must receive your written request for extension 
at the address provided above (also see ADDRESSES) no later than the 
last date for comments (also see DATES above). You must include your 
reason(s) for any request for extension. OSHA will limit an extension 
to 30 days, unless the requester justifies a longer period. We may deny 
a request for extension if it is frivolous or otherwise unwarranted. 
You may obtain or review copies of ENT's requests, the memo on the 
recommendation, 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-2-93, the permanent record of public 
information on ENT'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 ENT'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 that are 
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 2d day of March, 2001.
R. Davis Layne,
Acting Assistant Secretary.
[FR Doc. 01-6563 Filed 3-15-01; 8:45 am]
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