[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Notices]
[Pages 586-588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-121]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket Nos. NRTL4-93]


Underwriters Laboratories Inc., Applications for Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the applications by Underwriters 
Laboratories Inc. for expansion of its recognition as a Nationally 
Recognized Testing Laboratory under 29 CFR 1910.7, and presents the 
Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of these applications.

DATES: You may submit comments in response to this notice, or any 
request for extension of the time to comment, by (1) regular mail, (2) 
express or overnight delivery service, (3) hand delivery, (4) messenger 
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of 
comments by regular mail. Comments (or any request for extension of the 
time to comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by January 21, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by January 21, 2003. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by January 21, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket NRTL4-93, Room N-2625, U.S. 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW., Washington, DC, 20210. Please contact the 
OSHA Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket 
NRTL4-93, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Webpage 
http://www.osha.gov. Accordingly, OSHA cautions you about submitting 
information of a personal nature (e.g., social security number, date of 
birth). There may be a lag time between when

[[Page 587]]

comments and submissions are received and when they are placed on the 
Webpage. Please contact the OSHA Docket Office at (202)693-2350 for 
information about materials not available through the OSHA Webpage and 
for assistance in using the Webpage to locate docket submissions. 
Comments and submissions will also be available for inspection and 
copying at the OSHA Docket Office at the address above.
    Extension of Comment Period: Submit requests 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. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
address shown immediately above for the program, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that Underwriters Laboratories Inc. (UL) has applied for 
expansion of its recognition as a Nationally Recognized Testing 
Laboratory (NRTL). UL's expansion requests cover the use of three 
additional sites. OSHA's current scope of recognition for UL may be 
found in the following informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/ul.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. We maintain an informational web page for 
each NRTL, which details its scope of recognition. These pages can be 
accessed from our Web site at http://www.osha-slc.gov/dts/otpca/nrtl/index.html.
    The most recent notices published by OSHA for UL's recognition 
covered a renewal and expansion of recognition, which became effective 
on May 8, 2002 (67 FR 30966).
    The current address of the UL facilities (sites) already recognized 
by OSHA are:

Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, 
Illinois 60062
Underwriters Laboratories Inc., 1285 Walt Whitman Road, Melville, Long 
Island, New York 11747
Underwriters Laboratories Inc., 1655 Scott Boulevard, Santa Clara, 
California 95050
Underwriters Laboratories Inc., 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, North Carolina 27709
Underwriters Laboratories Inc., 2600 N.W. Lake Road, Camas, Washington 
98607
UL International Limited, Veristrong Industrial Centre, Block B, 14th 
Floor, 34 Au Pui Wan Street, Fo Tan Sha Tin, New Territories, Hong Kong
UL International Services, Ltd., Taiwan Branch, 4th Floor, 260 Da-Yeh 
Road, Pei Tou District Taipei City, Taiwan
UL International Demko A/S, Lyskaer 8, P.O. Box 514, DK-2730, Herlev, 
Denmark
Underwriters Laboratory International (U.K.) Ltd., Wonersh House, The 
Guildway, Old Portsmouth RoadGuildford, Surrey GU3 1LR, United Kingdom
Underwriters Laboratory International Italia S.r.l., Via Archimede 42, 
1-20041 Agrate Brianza, Milan, Italy Testing facility: Z.I. Predda 
Niedda st. 18, I-07100, Sassari, Italy
Underwriters Laboratories of Canada, 7 Crouse Road, Scarborough, 
Ontario, Canada MIR 3A9
UL Japan Co., Ltd., Shimbashi Ekimae Bldg.--1 Gohkan, 4th floor, Room 
402, 2-20-15 Shimbashi Minato Ku, Tokyo 105-0004, Japan

    The current addresses of the three additional UL sites covered by 
the expansion requests are:

UL Korea, Ltd., 805, Manhattan Building 36-2, Yeoui-dong, 
Yeoungdeungpo-gu, Seoul 150-010, Korea
UL International Germany GmbH, Frankfurter Strasse 229, D-63263 Neu-
Isenburg, Germany
UL International (Netherlands) B.V., Landjuweel 52, NL-3905 PH 
Veenendaal, Netherlands

General Background on the Applications

    UL has submitted an application, dated November 8, 2001 (see 
Exhibit 27), to expand its recognition to include a site in Seoul, 
Korea, and another application, dated March 15, 2002 (see Exhibit 27-
1), to expand its recognition to include a site in Neu-Isenburg, 
Germany, and a site in Veenendaal, Netherlands. The applications 
contain information demonstrating that there are adequate procedures, 
equipment, and personnel to perform product safety testing and 
certification activities at the sites. Those procedures are in general 
use throughout UL operations. Also, the application information shows 
that all three sites are wholly-owned and operated by UL.
    The NRTL Program staff performed an on-site review (assessment) of 
the Korea facility on March 11-14, 2002. In the on-site review report, 
dated May 23, 2002 (see Exhibit 28), the program staff recommended a 
``positive finding,'' which means a positive recommendation on the 
recognition to the Assistant Secretary. However, the Agency delayed 
consideration of the application in order to combine it for processing 
purposes with the application that had by then been received for the 
two additional sites listed above. The NRTL Program staff performed an 
on-site review (assessment) of the Netherlands facility on June 11-14, 
2002, and an on-site review (assessment) of the Germany facility on 
June 18-21, 2002. In each on-site review report, dated September 27 and 
30, 2002 (see Exhibits 28 and 28-1), respectively, the program staff 
recommended a ``positive finding.''
    OSHA's recognition of the additional sites would not be limited to 
any particular test standards. However, recognition of these sites 
would be limited to performing product testing only to the test 
standards for which each site has the proper capability and programs, 
and for which OSHA has recognized UL. This treatment is consistent with 
the recognition that OSHA has granted to other NRTLs that operate 
multiple sites. In addition, OSHA would permit the sites to use all 
eight of the ``supplemental'' programs, although not all programs would 
necessarily be used in the near future. UL's scope of recognition 
already includes these programs.

[[Page 588]]

    OSHA has described the ``supplemental'' programs referred to above 
in a March 9, 1995, Federal Register notice (60 FR 12980, 3/9/95). This 
notice described nine (9) programs and procedures (collectively, 
programs), eight of which (the ``supplemental programs'') any NRTL may 
use to control, audit, and accept the data relied upon for product 
certification. Such data is not normally generated at the NRTL's 
facility or by NRTL personnel. The notice also includes the criteria 
for the use by the NRTL of these eight, or supplemental, programs. Any 
NRTL's initial recognition will always include the first or basic 
program, which provides that all product testing and evaluation be 
performed in-house by the NRTL that will certify the product. OSHA does 
not consider these programs in determining whether any NRTL meets the 
requirements for recognition under 29 CFR 1910.7. However, these 
programs help to define the scope of that recognition.

Preliminary Finding

    UL has submitted acceptable applications for expansion of its 
recognition as an NRTL. As noted above, in processing these requests, 
OSHA has performed on-site reviews of the proposed additional three UL 
facilities. UL has addressed any discrepancies noted by the assessor 
following the reviews, and the assessor has included the resolution in 
the on-site review reports.
    Following a review of the application files, the on-site review 
reports, and other pertinent information, the NRTL Program staff has 
concluded that OSHA can grant to UL the expansion of its recognition to 
include the Seoul, Korea, the Neu-Isenburg, Germany, and the 
Veenendaal, Netherlands, sites listed above. The staff therefore 
recommended to the Assistant Secretary that the applications be 
preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that Underwriters Laboratories Inc. can 
meet the requirements as prescribed by 29 CFR 1910.7 for expansion of 
its recognition. This preliminary finding does not constitute an 
interim or temporary approval of the applications for UL.
    OSHA welcomes public comments, in sufficient detail, as to whether 
UL has met the requirements of 29 CFR 1910.7 for expansion 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 
ADDRESSES), no later than the last date for comments (see DATES above). 
Should you need more time to comment, OSHA must receive your written 
request for extension at the address provided above no later than the 
last date for comments. You must include your reason(s) for any request 
for extension. OSHA will limit any 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 UL's requests, the on-site review reports, 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. Docket No. NRTL4-93 contains all 
materials in the record concerning UL's applications.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant UL's expansion requests. The Assistant Secretary will make the 
final decision on granting the expansion and, in making this decision, 
may undertake other proceedings that are 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 11th day of December, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-121 Filed 1-3-03; 8:45 am]
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