[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38388-38389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15229]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]


SGS North America, Inc. (Formerly SGS U.S. Testing Company, Inc.)

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

ACTION: Notice.

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SUMMARY: This notice announces the application of SGS North America, 
Inc., for expansion of its recognition as a Nationally Recognized 
Testing Laboratory by the addition of one test site and the removal of 
one test site. This notice presents the Agency's preliminary finding to 
grant this request. This notice also announces a voluntary modification 
of the NRTL scope of recognition of SGS North America, Inc., and 
formally reflects the name change from SGS U.S. Testing Company, Inc. 
This preliminary finding does not constitute an interim or temporary 
approval of this application.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before July 11, 2013.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit a copy of comments and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0039, Technical Data Center, Room 
N-2625, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-2350 (TDY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express delivery, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2006-0040). OSHA will place all 
submissions, including any personal information provided, in the public 
docket without revision, and these submissions will be available online 
at http://www.regulations.gov.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before July 11, 2013 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 by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: David W. Johnson, 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) 693-1973.

SUPPLEMENTARY INFORMATION:

I. Notice of Expansion Application

    The Occupational Safety and Health Administration (OSHA) is 
providing notice that SGS North America, Inc. (SGS) is applying for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). SGS's expansion request covers the addition of one 
additional test site. SGS's also requests the removal of one test site 
from its NRTL scope of recognition. SGS informed OSHA of a change in 
name from SGS U.S. Testing Company, Inc. to SGS North America, Inc. 
(see Exhibit 1: SGS Application). This notice reflects that change. 
OSHA's current scope of recognition for SGS is available at http://www.osha.gov/dts/otpca/nrtl/sgs.html.
    OSHA recognition of an NRTL signifies that the organization meets 
the legal requirements specified 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 approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The Agency processes applications by an NRTL for initial 
recognition, or for an 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 modifications of the NRTL's scope of 
recognition. OSHA maintains an informational Web page for each NRTL 
that details the NRTL's scope of recognition. These pages are available 
from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    Each NRTL's scope of recognition has three elements. The first 
element is the type of products the NRTL may test, with each type 
specified by its applicable test standard. The second element 
identifies the recognized site(s)

[[Page 38389]]

that has/have the technical capability to perform the product-testing 
and product-certification activities for test standards within the 
NRTL's scope of recognition. The third element an NRTL's scope of 
recognition identifies is the supplemental program(s) that the NRTL may 
use. These supplemental programs allow the NRTL to rely on other 
parties to perform activities necessary for product testing and 
certification.
    SGS currently has one site that OSHA recognizes, its headquarters, 
located at: SGS North America, Inc., 291 Fairfield Avenue, Fairfield, 
New Jersey 07004. SGS requests OSHA to change the location of their 
headquarters from the above-mentioned address. SGS's headquarters will 
now be located at: SGS North America, Inc., 620 Old Peachtree Road, 
Suwanee, Georgia 30024. A complete list of SGS sites recognized by OSHA 
is available at http://www.osha.gov/dts/otpca/nrtl/sgs.html.

II. General Background on the Application

    SGS submitted an application, dated April 19, 2012 (Exhibit 1: SGS 
Application), requesting several changes to its NRTL scope of 
recognition. SGS requests to expand its recognition to include one 
additional test site located at 620 Old Peachtree Road, Suwanee, 
Georgia 30024. Additionally, this application requests the change of 
the address for SGS's headquarters from 291 Fairfield Avenue, 
Fairfield, New Jersey 07004 to 620 Old Peachtree Road, Suwanee, Georgia 
30024. As a consequence of this move, SGS requests the removal of one 
test site, located at 291 Fairfield Avenue, Fairfield, New Jersey 
07004, from its NRTL scope of recognition. SGS also informs OSHA of the 
change of its name from SGS U.S. Testing Company, Inc., to SGS North 
America, Inc.
    SGS also requests a modification of its scope of recognition under 
the NRTL Program. This request reduces the number of test standards in 
SGS's current NRTL scope of recognition by 13 test standards. 
Subsection II.D of Appendix A to 29 CFR 1910.7 provides that OSHA must 
inform the public of such a reduction in scope. Accordingly, effective 
the date of this notice, OSHA is modifying SGS's scope of recognition 
to eliminate the 13 test standards listed below:

1. ANSI/UL 1--Flexible Metal Conduit
2. UL 62--Flexible Cords and Cables
3. UL 355--Cord Reels
4. UL 498--Attachment Plugs and Receptacles
5. UL 498A--Current Taps and Adapters
6. ANSI/UL 514A--Metallic Outlet Boxes, Electrical
7. UL 544--Electric Medical and Dental Equipment
8. ANSI/UL 632--Electrically Actuated Transmitters
9. UL 817--Cord Sets and Power-Supply Cords
10. UL 1363--Relocatable Power Taps
11. ANSI/UL 1484--Residential Gas Detectors
12. UL 1492--Audio-Video Products and Accessories
13. UL 1581--Electrical Wires, Cables, and Flexible Cords

    In connection with these requests, NRTL Program staff performed an 
on-site review of SGS's Suwanee, Georgia, testing facilities on 
November 13, 2012. OSHA staff found some non-conformances within the 
laboratory during the audit. Following the correction of these non-
conformances, OSHA staff recommends expansion of SGS's recognition to 
include the addition of the Suwanee, Georgia, site. As a result, OSHA 
preliminarily determined that it should expand SGS's scope of 
recognition to include one additional test site.

III. Preliminary Finding on the Application

    SGS submitted an acceptable application for expansion of its 
recognition as an NRTL. OSHA's review of the application file, and the 
results of the on-site review, indicate that SGS can meet the 
requirements prescribed by 29 CFR 1910.7 for recognition to use the 
facilities listed above. This preliminary finding does not constitute 
an interim or temporary approval of the application. SGS corrected the 
discrepancies noted by OSHA during the on-site review, and the on-site 
review report describes these corrections (Exhibit 2: SGS On-site 
Review Report).
    OSHA welcomes public comment as to whether SGS meets the 
requirements of 29 CFR 1910.7 for expansion of their recognition as an 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. OSHA must receive the 
written request for an extension by the due date for comments. OSHA 
will limit any extension to 30 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if it is not 
adequately justified. To obtain or review copies of the publicly 
available information in SGS's application and other pertinent 
documents (including exhibits), as well as all submitted comments, 
contact the Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address; these 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2006-0040.
    The NRTL Program staff will review all comments to the docket 
submitted in a timely manner and, after addressing the issues raised by 
these comments, will recommend whether to grant SGS's application for 
expansion. The Assistant Secretary will make the final decision on 
granting the application and, in making this decision, may undertake 
other proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will 
publish a public notice of this final decision in the Federal Register.

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 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on June 20, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-15229 Filed 6-25-13; 8:45 am]
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