[Federal Register Volume 71, Number 194 (Friday, October 6, 2006)]
[Notices]
[Pages 59131-59133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16589]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-90]


SGS U.S. Testing Company, Inc.; Applications for Renewal and 
Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the applications of SGS U.S. Testing 
Company, Inc., (SGSUS) for renewal and expansion of its recognition, 
and presents the Agency's preliminary finding in favor of granting 
these requests. This preliminary finding does not constitute an interim 
or temporary approval of these applications.

DATES: You must submit information or comments, or any request for 
extension of the time to comment, by the following dates:
     Hard copy: postmarked or sent by October 23, 2006.
     Electronic transmission or facsimile: sent by October 23, 
2006.

ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL2-90--by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the 
instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you 
may fax them to the OSHA Docket Office at (202) 693-1648.
     Regular mail, express delivery, hand delivery and courier 
service: Submit three copies to the OSHA Docket Office, Docket No. 
NRTL2-90, U.S. Department of Labor, 200 Constitution Avenue, NW., Room 
N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY 
number is (877) 889-5627.) OSHA Docket Office hours of operation are 
8:15 a.m. to 4:45 p.m., EST.
    Instructions: All comments received will be posted without change 
to http://dockets.osha.gov, including any personal information 
provided. OSHA cautions you about submitting personal information such 
as social security numbers and birth dates.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dockets.osha.gov. Contact the OSHA 
Docket Office for information about materials not available through the 
OSHA Web page and for assistance in using the Web page to locate docket 
submissions.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to the Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-3655, Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Director, Office of Technical Programs 
and Coordination Activities, NRTL Program, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room N-3655, Washington, DC 20210, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of Renewal and Expansion Applications

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that SGS U.S. Testing Company, Inc., (SGSUS) has applied 
for renewal and for expansion of its recognition as a Nationally 
Recognized Testing Laboratory (NRTL). The expansion request covers the 
use of additional test standards, while the SGSUS renewal request 
covers its existing scope of recognition. OSHA's current scope of 
recognition for SGSUS may be found in the following informational Web 
page: http://www.osha.gov/dts/otpca/nrtl/sgs.html.

[[Page 59132]]

    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'' \1\ by 
the NRTL to meet OSHA standards that require testing and certification.
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    \1\ Properly certified means, in part, that the product is 
labeled or marked with the NRTL's ``registered'' certification mark 
(i.e., the mark the NRTL uses for its NRTL work) and that the 
product certification falls within the scope of recognition of the 
NRTL.
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    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.gov/dts/otpca/nrtl/index.html.
    The most recent notice published by OSHA specifically related to 
the SGSUS recognition covered an expansion of recognition, which became 
effective on May 12, 2000 (65 FR 30638). OSHA, however, issued a notice 
modifying the scope of a number of NRTLs to replace or delete withdrawn 
test standards (70 FR 11273, March 8, 2005). SGSUS was one of those 
NRTLs.
    The current address of the SGSUS facility already recognized by 
OSHA is: SGS U.S. Testing Company, Inc., 291 Fairfield Avenue, 
Fairfield, New Jersey 07004.

General Background on the Renewal and Expansion Applications

    SGSUS initially received OSHA recognition as an NRTL on March 23, 
1993 (see 58 FR 15509), for a period of five years ending March 23, 
1998. At the time, it was called U.S. Testing Company, Inc., California 
Division. SGSUS's initial recognition consisted of one site in 
California. It later sought and was granted recognition for a second 
site in Fairfield, New Jersey. 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. NRTLs submitting requests within this allotted time period 
retain their recognition during OSHA's renewal process. SGSUS submitted 
the required information and received its first renewal of recognition 
on August 28, 1998 (63 FR 46084), for the five-year period ending 
August 28, 2003.
    SGSUS applied on October 2, 2002, (see Exhibit 18-1) for renewal of 
its recognition, again within the time allotted. However, partly as a 
result of changes SGSUS was considering or undergoing at the time, we 
deferred the renewal process. Those changes included the eventual 
voluntary termination of its California site from the NRTL Program (see 
69 FR 68407, November 24, 2004) leaving only the Fairfield site as part 
of its renewal request. SGSUS then applied on September 28, 2005, for 
expansion of its recognition to add seven test standards to its scope. 
The NRTL Program staff has determined that each of these standards is 
an ``appropriate test standard'' within the meaning of 29 CFR 
1910.7(c). The staff makes similar determinations in processing 
expansion requests from any NRTL. Therefore, OSHA would approve all of 
these test standards for the expansion.
    OSHA staff performed an on-site visit of the NRTL's Fairfield site 
in September 2005. Based on this visit, the staff recommended continued 
recognition of SGSUS and the expansion it requested, respectively, in 
November 2005 and February 2006 (see Exhibits 18-3 and 18-4). The SGSUS 
existing scope of recognition consists of the facility listed above, 
and the test standards listed below and the supplemental programs 
listed under Programs and Procedures.
    SGSUS seeks renewal of its recognition for continued testing and 
certification of products for demonstration of conformance to the 
following test standards:

UL 1 Flexible Metal Conduit.
\*\ UL 3 Flexible Nonmetallic Tubing for Electric Wiring.
UL 94 Tests for Flammability of Plastic Materials for Parts in Devices 
and Appliances.
UL 250 Household Refrigerators and Freezers.
UL 514A Metallic Outlet Boxes.
UL 544 Electric Medical and Dental Equipment.
UL 632 Electrically-Actuated Transmitters.
UL 696 Electric Toys.
UL 697 Toy Transformers
UL 751 Vending Machines.
UL 913 Intrinsically Safe Apparatus and Associated Apparatus for Use in 
Class I, II, and III, Division I, Hazardous (Classified) Locations.
UL 1012 Power Units Other Than Class 2.
UL 1236 Battery Chargers for Charging Engine-Starter Batteries.
UL 1310 Class 2 Power Units.
UL 1484 Residential Gas Detectors.
UL 1492 Audio-Video Products and Accessories.
UL 1598 Luminaries.
UL 1604 Electrical Equipment for Use in Class I and II, Division 2, and 
Class III Hazardous (Classified) Locations.
UL 6500 Audio/Visual and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use.
UL 60065 Audio, Video and Similar Electronic Apparatus.
UL 60601-1 Medical Electrical Equipment, Part 1: General Requirements 
for Safety.
UL 60950 Information Technology Equipment.
UL 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General 
Requirements.
UL 61010B-1 Electrical Measuring and Test Equipment; Part 1: General 
Requirements.

    * This test standard has been withdrawn by the standards 
developing organization. Since other NRTLs also are approved for 
this standard, we would include it in the SGSUS renewal temporarily 
until we publish a notice to delete all withdrawn standards from the 
recognition of all NRTLs.

    The designations and titles of the above test standards, and those 
listed below, were current at the time of the preparation of this 
notice.
    OSHA's recognition of SGSUS, 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. Consequently, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    Many UL test standards also are approved as American National 
Standards by the American National Standards Institute (ANSI). However, 
for convenience, we use the designation of the standards developing 
organization for the standard as opposed to the ANSI designation. Under 
our procedures, any NRTL recognized for an ANSI-approved

[[Page 59133]]

test standard may use either the latest proprietary version of the test 
standard or the latest ANSI version of that standard. You may contact 
ANSI to find out whether or not a test standard is currently ANSI-
approved.

Programs and Procedures

    The renewal would include continued use by SGSUS of supplemental 
programs 2, 3, 4, and 9.

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 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.

    In developing these programs, OSHA responded to industry requests 
and allowed certain of their ongoing practices to continue but in a 
manner controlled by OSHA 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.

Expansion of Recognition

    SGSUS seeks expansion of its recognition for testing and 
certification of products for demonstration of conformance to the 
following test standards:

UL 62 Flexible Cord and Fixture Wire.
UL 355 Cord Reels.
UL 498 Attachment Plugs and Receptacles.
UL 498A Current Taps and Adapters.
UL 817 Cord Sets and Power-Supply Cords.
UL 1363 Relocatable Power Taps.
UL 1581 Electrical Wires, Cables, and Flexible Cords.

Preliminary Finding

    SGSUS has submitted acceptable requests for renewal and expansion 
of its recognition as an NRTL. Our review of the application file, the 
assessor's recommendations, and other pertinent documents, indicates 
that SGSUS can meet the requirements, as prescribed by 29 CFR 1910.7, 
for: (1) The renewal of the one site and the test standards and 
programs listed above, and (2) the expansion for the additional seven 
tests standards also noted. This preliminary finding does not 
constitute an interim or temporary approval of these applications.
    OSHA welcomes public comments, in sufficient detail, as to whether 
SGSUS has met the requirements of 29 CFR 1910.7 for the renewal and 
expansion of its recognition as an NRTL. Your comments should consist 
of pertinent written documents and exhibits. Should you need more time 
to comment, you must request it in writing, including reasons for the 
request. OSHA must receive your written request for extension at the 
address provided above no later than the last date for comments. OSHA 
will limit any extension to 30 days, unless the requester justifies a 
longer period. You may obtain or review copies of the SGSUS request, 
the on-site review report, other pertinent documents, 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. NRTL2-90 contains all materials 
in the record concerning the SGSUS application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant the SGSUS renewal and expansion requests. The Assistant 
Secretary will make the final decision on granting these requests 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 25th day of September, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary.
 [FR Doc. E6-16589 Filed 10-5-06; 8:45 am]
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