[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Notices]
[Pages 63985-63987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17305]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]


SGS North America, Inc.: Application for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of SGS North 
America, Inc., for expansion of recognition as a Nationally Recognized 
Testing Laboratory (NRTL) and presents the agency's preliminary finding 
to deny the 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 August 21, 2024.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2006-0040). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 
(including this Federal Register notice) 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 
website. All submissions, including copyrighted material, are available 
for inspection through the OSHA Docket Office. Contact the OSHA Docket 
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before August 21, 2024 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor; phone: 
(202) 693-1911 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that SGS North America, Inc. (SGS) is applying for an expansion 
of the current recognition as a NRTL. SGS requests the addition of two 
test standards to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified in 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within the 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The agency processes applications by a NRTL for initial recognition 
and 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 a preliminary finding. In the second notice, 
the agency provides the 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, 
including SGS, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    SGS currently has nine facilities (sites) recognized by OSHA for 
product testing and certification, with the headquarters located at: 
SGS North America, Inc., 620 Old Peachtree Road, Suwanee, Georgia 
30024. A complete list of SGS's scope of recognition is available at 
https://www.osha.gov/dts/otpca/nrtl/sgs.html.

II. General Background on the Application

    SGS submitted an application to OSHA to expand recognition as a 
NRTL to include two additional test standards on September 1, 2021 
(OSHA-2006-0040-0079). OSHA staff performed a detailed analysis of the 
application packet and reviewed other pertinent information. OSHA did 
not perform any on-site reviews in relation to this application.
    Table 1 lists the test standards included in SGS's application for 
expansion for testing and certification of products under the NRTL 
Program.

[[Page 63986]]



 Table 1--Test Standards in SGS's Application for Expansion of its NRTL
                          Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
IEC 60335-2-23...............  Household and Similar Electrical
                                Appliances--Safety--Part 2-23:
                                Particular Requirements for Appliances
                                for Skin or Hair Care.
IEC 60335-2-30...............  Household and Similar Electrical
                                Appliances--Safety--Part 2-30:
                                Particular Requirements for Room
                                Heaters.
------------------------------------------------------------------------

    If OSHA issued a preliminary determination that SGS's application 
should be granted, it would also propose adding these two test 
standards to its list of appropriate test standards. As OSHA 
preliminarily denies this application (see below), it does not make 
such a proposal, but nonetheless seeks comment on whether these two 
test standards should be added to the list of appropriate test 
standards.

III. Preliminary Findings on the Application

    OSHA has preliminarily determined that SGS has not submitted an 
acceptable application for expansion of the scope of recognition. 
OSHA's review of the application file and pertinent documentation 
indicates that the test standards requested in the expansion 
application do not meet the requirements prescribed by 29 CFR 1910.7 
for expanding the recognition. Specifically, OSHA preliminarily 
determines that the test standards requested in this application do not 
meet the requirements for appropriate test standards or alternative 
test standards for the NRTL Program.
    Pursuant to the NRTL Program regulation, 29 CFR 1910.7, for each 
specified item of equipment or material to be listed, labeled or 
accepted, a NRTL must have the capability (including proper testing 
equipment and facilities, trained staff, written testing procedures, 
and calibration and quality control programs) to perform: (i) testing 
and examining of equipment and materials for workplace safety purposes 
to determine conformance with appropriate test standards; or (ii) 
experimental testing and examining of equipment and materials for 
workplace safety purposes to determine conformance with appropriate 
test standards or performance in a specified manner. Sec.  
1910.7(b)(1).
    An ``appropriate test standard'' is defined in the NRTL Program 
regulation as a document which specifies the safety requirements for 
specific equipment or class of equipment and meets one of two 
alternative requirements. Either the document must be (1) recognized in 
the United States as a safety standard providing an adequate level of 
safety, and (2) compatible with and maintained current with periodic 
revisions of applicable national codes and installation standards and 
(3) developed by a standards developing organization under a method 
providing for input and consideration of views of industry groups, 
experts, users, consumers, governmental authorities, and others having 
broad experience in the safety field involved, or the document must be 
currently designated as an American National Standards Institute (ANSI) 
safety-designated product standard or an American Society for Testing 
and Materials (ASTM) test standard used for evaluation of products or 
materials. Sec.  1910.7(c).
    Notwithstanding the requirements in Sec.  1910.7(b)(1), if a 
testing laboratory desires to use an alternative test standard (that 
is, a test standard that is not an appropriate test standard), then 
OSHA evaluates the proposed standard to determine whether it provides 
an adequate level of safety before it may be used Sec.  1910.7(d). If a 
test standard does not provide an adequate level of safety, it may not 
be used by a NRTL to perform testing or examining of equipment and 
materials for workplace safety purposes or experimental testing and 
examining of equipment and materials for workplace safety purposes.
    The test standards requested in the expansion application, issued 
by the International Electrotechnical Commission (IEC), are not 
appropriate test standards under the NRTL program because they are not 
recognized in the United States as safety standards providing an 
adequate level of safety. To provide an adequate level of safety, these 
test standards would need to be evaluated for compliance with U.S. 
electrical safety requirements. The IEC develops standards that are 
broad technical safety solutions for electrical products, but this does 
not represent a complete safety standard for each member country. The 
process of adapting the IEC-based standard to a fully compliant U.S. 
national standard is typically conducted by a U.S.-based standards 
development organization (SDO), which considers the unique requirements 
for the U.S. market, along with the input and consideration of views of 
industry groups, experts, users, consumers, governmental authorities, 
and others having broad experience in the safety field involved (as set 
forth in Sec.  1910.7(c)). This information-gathering process and 
evaluation has not been undertaken for the test standards in SGS's 
application (i.e., these test standards have not been evaluated for 
compliance with U.S. electrical safety requirements). Nor have these 
test standards been designated by ANSI or ASTM. Therefore, they do not 
meet the requirements for appropriate test standards under the NRTL 
program.
    These test standards are also not alternative test standards that 
may be used under the NRTL program to perform testing or examining of 
equipment and materials for workplace safety purposes or experimental 
testing and examining of equipment and materials for workplace safety 
purposes. Again, these test standards have not been determined to 
provide an adequate level of safety because they have not been 
evaluated for compliance with U.S. electrical safety requirements.

IV. Public Participation

    OSHA welcomes public comment on SGS's application for expansion of 
recognition as a NRTL, and whether its application meets the 
requirements of 29 CFR 1910.7. 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 by the due date for 
comments. OSHA will limit any extension to 10 days unless the requester 
provides justification for a longer time period. OSHA may deny a 
request for an extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well 
as comments submitted to the docket, contact the Docket Office, 
Occupational Safety and Health Administration, U.S. Department of 
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2006-0040 (for further 
information, see the ``Docket'' heading in the section of this notice 
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
staff will

[[Page 63987]]

make a recommendation to the Assistant Secretary of Labor for 
Occupational Safety and Health on whether to grant SGS's application 
for expansion of the scope of recognition. The Assistant Secretary will 
make the final decision on the application. In making this decision, 
the Assistant Secretary may undertake other proceedings prescribed in 
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the 
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy 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. 8-2020 (85 FR 58393; Sept. 18, 2020), 
and 29 CFR 1910.7.

    Signed at Washington, DC, on July 30, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-17305 Filed 8-5-24; 8:45 am]
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