[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Notices]
[Pages 35278-35281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16670]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-93]


Entela, Inc., Renewal 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 Entela, Inc., for renewal of its recognition as a 
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This renewal becomes effective on July 3, 2001 and will 
be valid until July 3, 2006, unless terminated or modified prior to 
that date, in accordance with 29 CFR 1910.7.

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, D.C. 20210, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the renewal of recognition of Entela, Inc. (ENT), as a 
Nationally Recognized Testing Laboratory (NRTL). ENT's renewal covers 
its existing scope of recognition, which may be found in OSHA's 
informational web page for the NRTL (http://www.osha-slc.gov/dts/otpca/nrtl/ent.html).
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Section 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, employers may use products ``properly certified'' by the 
NRTL to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition or for expansion or renewal of this recognition following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the Agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding, and in the second 
notice, the Agency provides its final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope.
    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 35279]]

    OSHA published the required notice in the Federal Register on March 
16, 2001 (66 FR 15288) to announce ENT's renewal request. This notice 
included a preliminary finding that ENT could meet the requirements in 
29 CFR 1910.7 for renewal of its recognition and invited public comment 
by April 2, 2001. OSHA received no comments concerning this notice.
    In processing ENT's request, OSHA performed an on-site review 
(audit) of ENT's NRTL facilities listed below. 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.
    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).
    You may obtain or review copies of all public documents pertaining 
to the ENT application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW, Room N2625, Washington, D.C. 20210. You should 
refer to Docket No. NRTL2-93, the permanent record of public 
information on the ENT recognition.
    The current addresses of the ENT testing facilities recognized by 
OSHA 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.

Programs and Procedures

    The renewal of recognition includes ENT's continued use of the 
supplemental programs listed below, based upon the criteria detailed in 
the March 9, 1995 Federal Register notice (60 FR 12980). 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, as shown below, in OSHA's informational web page on 
the ENT recognition (http://www.osha-slc.gov/dts/otpca/nrtl/ent.html).

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 these programs 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, these programs help to define the scope of that 
recognition.

Final Decision and Order

    The NRTL Program staff has examined the applications, the audit 
reports, and other pertinent information. Based upon this examination 
and the assessor's recommendation, OSHA finds that Entela, Inc., has 
met the requirements of 29 CFR 1910.7 for renewal of its NRTL 
recognition. The renewal applies to the sites listed above. In 
addition, it covers the test standards listed below, and it is subject 
to limitations and conditions, also listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby renews the recognition of ENT, 
subject to these limitations and conditions.

Limitations; Renewal of Recognition of Facilities

    OSHA limits the renewal of recognition of ENT to the 2 sites listed 
above. In addition, similar to other NRTLs that operate multiple sites, 
the Agency's recognition of any ENT testing site is limited to 
performing testing to the test standards for which OSHA has recognized 
ENT, and for which the site has the proper capability and control 
programs.
    The following limitations currently apply to the recognition of the 
Taiwan facility, and 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.

Renewal of Recognition of Test Standards

    OSHA further limits the renewal of recognition of ENT to testing 
and certification of products to demonstrate conformance to the test 
standards listed below (see Listing of Test Standards). OSHA has 
determined that each test standard meets the requirements for an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c). Some 
of the test standards for which OSHA previously recognized ENT were no 
longer appropriate at the time of preparation of the preliminary 
notice, primarily because they had been withdrawn by the standards 
developing organization. As a result, we have excluded these test 
standards in the listing below. However, under OSHA policy, the NRTL 
may request recognition for comparable test standards, i.e., other 
appropriate test standards covering similar type of product testing. 
Since a number of NRTLs are affected by such withdrawn standards, OSHA 
will publish a separate notice to make the appropriate substitutions 
for ENT and other NRTLs that were recognized for these standards. The 
Agency has contacted these NRTLs regarding this matter.
    This current notice includes all of OSHA's current limitations on 
ENT with regard to the standards listed below. These limitations appear 
at the end of the list of standards, and standards to which a specific 
limitation applies are denoted by the use of asterisks.
    The Agency's recognition of ENT, or any other 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. An NRTL's scope of 
recognition excludes any product(s) falling within the scope of the 
test standard for which OSHA has no testing and certification 
requirements.

[[Page 35280]]

Listing of Test Standards

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
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

[[Page 35281]]

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

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    *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 the notice of the preliminary 
finding.
    Many of the 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 1950) for the 
standard, as opposed to the ANSI designation (e.g., ANSI/UL 1950). 
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 
which version appears in its list of test standards. Contact ANSI or 
the ANSI web site (www.ansi.org) and click ``NSSN'' to find out whether 
or not a standard is currently ANSI-approved.
    None of the above standards had been withdrawn by the standards 
developing organization (SDO) at the time of the preparation of the 
notice of preliminary finding.

Conditions

    Entela, Inc. must also abide by the following conditions of the 
recognition, in addition to those already required by 29 CFR 1910.7:
    OSHA must be allowed access to the ENT facilities and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If ENT 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;
    ENT 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, ENT 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;
    ENT 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;
    ENT will continue to meet all the terms of its recognition and will 
always comply with all OSHA policies pertaining to this recognition; 
and
    ENT will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, D.C. this 15 day of June, 2001.
R. Davis Layne,
Acting Assistant Secretary.
[FR Doc. 01-16670 Filed 7-2-01; 8:45 am]
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