[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48909-48910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19412]



[[Page 48909]]

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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 Occupational Safety and Health 
Administration's final decision expanding the recognition of SGS North 
America, Inc., formerly SGS U.S. Testing Company, Inc., as a Nationally 
Recognized Testing Laboratory under 29 CFR 1910.7.

DATES: The expansion of the scope of recognition becomes effective on 
August 12, 2013.

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) 693-2110: email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA or Agency) 
hereby gives notice of the expansion of recognition of SGS North 
America, Inc., formerly SGS U.S. Testing Company, Inc., as a Nationally 
Recognized Testing Laboratory (NRTL). SGS's expansion covers the 
addition of one test site. OSHA also recognizes the removal of one test 
site and 13 test standards from SGS's NRTL scope of recognition. SGS 
also 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 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 approved 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. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages are 
available from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    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, GA 
30024. This application also requests the change of the address for 
SGS's headquarters from 291 Fairfield Avenue, Fairfield, NJ 07004, to 
620 Old Peachtree Road, Suwanee, GA 30024. As a consequence of this 
move, SGS requests the removal of one test site, located at 291 
Fairfield Avenue, Fairfield, NJ 07004, from its NRTL scope of 
recognition. Additionally, SGS 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, GA, 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 recommended expansion of SGS's recognition to include the 
addition of the Suwanee, GA, site. As a result, OSHA preliminarily 
determined that it should expand SGS's scope of recognition to include 
one additional test site. OSHA published the preliminary notice in the 
Federal Register for public comment on June 26, 2013, and received no 
comments in regards to this preliminary notice.

II. Final Decision and Order

    The NRTL Program staff examined SGS's expansion application, the 
auditor's recommendation, and other pertinent information. Based on its 
review of this evidence, OSHA finds that SGS meets the requirements of 
29 CFR 1910.7 for expansion of its recognition, subject to the 
limitation and conditions listed below. OSHA gives notice of the change 
in name from SGS U.S. Testing Company, Inc., to SGS North America, Inc. 
OSHA recognizes the removal of 13 test standards as listed above from 
SGS's NRTL scope of recognition. OSHA also recognizes the relocation of 
SGS headquarters from Fairfield, NJ, to Suwanee, GA and the removal of 
SGS's Fairfield, NJ, site from its NRTL scope of recognition.
    OSHA limits the expansion of SGS's recognition to include the site 
in Suwanee, GA, as listed above. OSHA also limits recognition of this 
site to performing product testing and certifications of products for 
demonstration of conformance to the test standards for which the site 
has the proper capability and programs, and for which OSHA currently 
recognizes SGS. This treatment is consistent with the recognition that 
OSHA has granted to other NRTLs.
    This site also may use all four of the supplemental programs in 
SGS's scope of recognition. An NRTL may use these programs, which OSHA 
described in a March 9, 1995 Federal Register notice (60 FR 12980, 03/
09/95), to control and audit, but not actually generate, the data

[[Page 48910]]

relied upon for product certification. The Agency does not consider 
these programs in determining whether an NRTL meets the requirements 
for recognition under 29 CFR 1910.7. However, OSHA treats these 
programs as one of the three elements that define an NRTL's scope of 
recognition. OSHA previously recognized SGS for these programs. As a 
result, we do not list them again in this final notice, but merely 
provide this information as a matter of public interest.

Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
SGS also must abide by the following conditions of the recognition:
    1. SGS must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. SGS must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. SGS must continue to meet the requirements for recognition in 
all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
recognition of SGS, subject to the limitation and conditions specified 
in this section.

III. 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)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on August 6, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-19412 Filed 8-9-13; 8:45 am]
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