[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31043-31044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12632]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0030]


National Technical Systems, Inc.: Expiration of Recognition as a 
Nationally Recognized Testing Laboratory

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

ACTION: Notice.

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SUMMARY: This notice announces the expiration of recognition of 
National Technical Systems, Inc., as a Nationally Recognized Testing 
Laboratory.

DATES: The effective date of this notice is June 21, 2012.

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 N-3655, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION: 

I. Notice of Expiration of Recognition

    The Occupational Safety and Health Administration (OSHA) hereby 
provides public notice that the recognition of National Testing 
Services, Inc., (NTS) as a Nationally Recognized Testing Laboratory 
(NRTL) will expire on June 21, 2012. OSHA's current scope of 
recognition for NTS is available at the Web page: https://www.osha.gov/dts/otpca/nrtl/nts.html.
    On December 10, 1998, OSHA published in the Federal Register a 
notice recognizing NTS as an NRTL, with recognition effective on the 
date of the notice (63 FR 68306). On June 21, 2007, OSHA renewed the 
recognition of NTS as an NRTL (see 72 FR 34320), which extended the 
recognition for a period of five years, to June 21, 2012 (see paragraph 
I.c.2 of Appendix A to 29 CFR 1910.7). The current address of the only 
NTS facility recognized by OSHA as an NRTL site is: National Technical 
Systems, Inc., 1146 Massachusetts Avenue, Boxborough, Massachusetts 
01719.

II. General Background on the Expiration of Recognition

    Appendix A to 29 CFR 1910.7 stipulates that a recognized NRTL may 
renew its recognition by filing a renewal request not less than nine 
months, or no more than one year, before the expiration date of its 
current recognition. On August 5, 2011, OSHA sent NTS a reminder 
indicating that OSHA's recognition of NTS as an NRTL would expire on 
June 21, 2012. However, NTS did not submit a renewal request within the 
requisite time period. Consequently, the recognition of NTS as an NRTL 
expires on June 21, 2012. As of that date, NTS is no longer an NRTL, 
and OSHA no longer accepts the certifications of products by NTS for 
purposes of OSHA's NRTL-approval requirements. OSHA is publishing this 
Federal Register notice to make the public aware of the expiration.

III. Acceptability of Product Certifications by Former NRTLs

    When an organization is no longer part of the NRTL Program, OSHA 
cannot accept the organization's NRTL-related product certifications if 
these certifications occur on or after the date OSHA terminated the 
organization's NRTL recognition. The following examples describe 
actions that occur on or after the date that OSHA terminated such an 
organization's NRTL recognition that would, for purposes of the NRTL 
Program, constitute invalid product certifications by that 
organization:
    1. Authorizing manufacturers to use its mark by imprinting the 
terminated NRTL's mark on labels or on products;
    2. Authorizing manufactures to use or apply labels containing the 
terminated NRTL's mark;
    3. Issuing labels containing the terminated NRTL's mark to 
manufacturers; or
    4. Manufacturers applying the terminated NRTL's mark or labels 
containing this mark to products.
    For products to remain NRTL certified after the date OSHA 
terminated the organization's NRTL recognition, the manufacturer must 
find another NRTL organization that will assume responsibility for 
certifying the affected product(s); these types of product(s) must fall 
within that NRTL organization's scope of recognition. If another NRTL 
organization does not assume responsibility for certifying the 
product(s), then the terminated NRTL's product certifications are valid 
only under the following, limited, conditions:
    1. The product(s) must be identical to the product model(s) that 
the terminated NRTL authorized for certification when it was part of 
the NRTL Program; and
    2. The manufacturer must affix the terminated NRTL's mark to the 
product(s) only prior to the effective date of termination (not on or 
after that date), or, if the NRTL withdrew its certification of the 
product(s) at an earlier date, then the manufacturer must manufacture 
the product(s) and affix the NRTL's mark to the product(s) no later 
than this earlier date.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to Section 
8(g)(2) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
657(g)(2)),

[[Page 31044]]

Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29 CFR 1910.7.

    Signed at Washington, DC, on May 21, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-12632 Filed 5-23-12; 8:45 am]
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