[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39949-39952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16318]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-93]


Wyle Laboratories, Inc.; Renewal of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
application of Wyle Laboratories, Inc. (Wyle), for renewal of its 
recognition as a Nationally Recognized Testing Laboratory (NRTL) under 
29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on June 28, 2000 and 
will be valid until June 28, 2005, unless terminated or modified prior 
to that date, in accordance with 29 CFR 1910.7.

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 N3653, Washington, D.C. 20210, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the renewal of recognition of Wyle Laboratories, Inc. 
(Wyle), as a Nationally Recognized Testing Laboratory (NRTL). Wyle's 
renewal covers its existing scope of recognition.
    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, OSHA can accept products ``properly certified'' by the 
NRTL. OSHA processes applications related to an NRTL's recognition 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish this public notice of its final 
decision on an application.
    When Wyle received recognition as an NRTL, it was part of Wyle 
Laboratories, a publicly-held corporation first established in 1949. In 
1995, Wyle informed OSHA (see Exhibit 13) that it had become a 
``privately held company incorporated in the State of Delaware.'' The 
``new'' company name was also ``Wyle Laboratories.'' In 1997, the NRTL 
informed OSHA of the sale of its ``Electronic Enclosures Division'' and 
requested that OSHA remove a condition that the Agency had imposed in 
the notice of Wyle's initial recognition. The condition had excluded 
from the recognition any testing and certification of an ``enclosure 
cabinet manufactured or distributed by Wyle.'' OSHA granted this 
request on January 16, 1998 (63 FR 2700).
    Wyle received its recognition as an NRTL on July 22, 1994 (59 FR 
37509), for a period of five years ending July 24, 1999. 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. Wyle applied for a renewal of its 
recognition on August 19, 1998 (see Exhibit 15), within the time 
allotted, and retains its recognition pending OSHA's final decision in 
this renewal process.
    In its letter of August 19, Wyle requested renewal for its existing 
scope of recognition, which includes the facility listed below, 122 
test standards, and 8 supplemental programs. However, some of the test 
standards for which Wyle is currently recognized have been withdrawn by 
the standards developing organization. These standards are UL 465, UL 
547, UL 1025, UL 1096, and UL 1624. As appropriate, OSHA has eliminated 
or replaced these test standards in the list included in the 
preliminary notice and in the list shown below.
    OSHA published the required notice in the Federal Register (65 FR 
11804, 03/06/2000) to announce Wyle's renewal request. The notice 
included a preliminary finding that Wyle could meet the requirements 
for expansion of its recognition, subject to the condition mentioned 
above, and OSHA invited public comment on the application by May 5, 
2000. OSHA received no comments concerning this application.
    In processing Wyle's request, OSHA performed an on-site assessment 
(review) of Wyle's facility in Huntsville, Alabama, on August 3-5, 
1999. In the

[[Page 39950]]

final report of the on-site review (see Exhibit 16), the assessor 
recommended the renewal of Wyle's recognition.
    The most recent notice that OSHA published for Wyle's recognition 
concerned the removal of the condition mentioned above. A chronology of 
the previous notices that OSHA published for Wyle is as follows: an 
expansion of recognition for additional test standards and programs, 
which OSHA announced on July 12, 1996 (61 FR 36764) and granted on 
November 20, 1996 (61 FR 59115); and Wyle's initial recognition, which 
OSHA announced on January 6, 1994 (59 FR 783) and granted as specified 
above. The renewal would incorporate all recognitions granted to Wyle 
through the date of publication of the March 6 notice of preliminary 
finding.
    You may obtain or review copies of all public documents pertaining 
to the application by contacting the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N2625, Washington, D.C. 20210, telephone: (202) 693-
2350. You should refer to Docket No. NRTL-1-93, the permanent records 
of public information on the Wyle recognition.
    The current address of the Wyle facility recognized by OSHA is: 
Wyle Laboratories, 7800 Highway 20 West, P.O. Box 077777, Huntsville, 
Alabama 35807.

Final Decision and Order

    The NRTL Program staff has examined Wyle's request, the on-site 
review report, and other pertinent information. Based upon this 
examination, OSHA finds that Wyle Laboratories, Inc., has met the 
requirements of 29 CFR 1910.7 for renewal of its recognition, listed 
below, subject to the limitations and conditions. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby renews the recognition of Wyle, 
subject to these limitations and conditions.

Limitations

    OSHA hereby renews the recognition of Wyle for testing and 
certification of products to demonstrate conformance to the 139 
additional test standards listed below. The NRTL Program staff has 
determined that each test standard meets the requirements for an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c). The 
staff makes such determinations in processing applications requests 
from any NRTL.
    The Agency's recognition of Wyle, or any NRTL, for a particular 
test standard is always limited to equipment or materials (products) 
for which OSHA standards require third party testing and certification 
before use in the workplace. As a result, OSHA's recognition of an NRTL 
for a test standard excludes any product(s), falling within the scope 
of the test standard, for which OSHA has no such requirements.

UL 8 Foam Fire Extinguishers
UL 20 General-Use Snap Switches
UL 22 Amusement and Gaming Machines
UL 44 Rubber-Insulated Wires and Cables
UL 45 Portable Electric Tools
UL 48 Electric Signs
UL 62 Flexible Cord and Fixture Wire
UL 65 Wired Cabinets
UL 67 Panelboards
UL 73 Motor-Operated Appliances
UL 83 Thermoplastic-Insulated Wires and Cables
UL 92 Fire Extinguisher and Booster Hose
UL 98 Enclosed and Dead-Front Switches
UL 153 Portable Electric Lamps
UL 154 Carbon-Dioxide Fire Extinguishers
UL 187 X-Ray Equipment
UL 198B Class H Fuses
UL 198C High-Interrupting-Capacity Fuses, Current-Limiting Types
UL 198D Class K Fuses
UL 198E Class R Fuses
UL 198F Plug Fuses
UL 198G Fuse for Supplementary Overcurrent Protection
UL 198H Class T Fuses
UL 198L DC Fuses for Industrial Use
UL 244A Solid-State Controls for Appliances
UL 299 Dry Chemical Fire Extinguishers
UL 363 Knife Switches
UL 393 Indicating Pressure Gauges for Fire-Protection Service
UL 429 Electrically Operated Valves
UL 444 Communications Cables
UL 466 Electric Scales
UL 467 Grounding and Bonding Equipment
UL 484 Room Air Conditioners
UL 486B Wire Connectors for Use With Aluminum Conductors
UL 486C Splicing Wire Connectors
UL 486D Insulated Wire Connectors for Use With Underground Conductors
UL 489 Molded-Case Circuit Breakers and Circuit-Breaker Enclosures
UL 497A Secondary Protectors for Communication Circuits
UL 498 Attachment Plugs and Receptacles
UL 499 Electric Heating Appliances
UL 506 Specialty Transformers
UL 507 Electric Fans
UL 508 Industrial Control Equipment
UL 510 Insulating Tape
UL 512 Fuseholders
UL 539 Single and Multiple Station Heat Detectors
UL 541 Refrigerated Vending Machines
UL 544 Electric Medical and Dental Equipment
UL 626 2\1/2\ Gallon Stored-Pressure Water-Type Fire Extinguishers
UL 698 Industrial Control Equipment for Use in Hazardous (Classified) 
Locations
UL 711 Rating and Fire Testing of Fire Extinguishers
UL 745-1 Portable Electric Tools
UL 745-2-1 Particular Requirements of Drills
UL 745-2-2 Particular Requirements for Screwdrivers and Impact Wrenches
UL 745-2-3 Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4 Particular Requirements for Sanders
UL 745-2-5 Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6 Particular Requirements for Hammers
UL 745-2-8 Particular Requirements for Shears and Nibblers
UL 745-2-9 Particular Requirements for Tappers
UL 745-2-11 Particular Requirements for Reciprocating Saws
UL 745-2-12 Particular Requirements for Concrete Vibrators
UL 745-2-14 Particular Requirements for Planers
UL 745-2-17 Particular Requirements for Routers and Trimmers
UL 745-2-30 Particular Requirements for Staplers
UL 745-2-31 Particular Requirements for Diamond Core Drills
UL 745-2-32 Particular Requirements for Magnetic Drill Presses
UL 745-2-33 Particular Requirements for Portable Bandsaws
UL 745-2-34 Particular Requirements for Strapping Tools
UL 745-2-35 Particular Requirements for Drain Cleaners
UL 745-2-36 Particular Requirements for Hand Motor Tools
UL 745-2-37 Particular Requirements for Plate Jointers
UL 796 Printed-Wiring Boards
UL 813 Commercial Audio Equipment
UL 817 Cord Sets and Power-Supply Cords
UL 845 Motor Control Centers
UL 854 Service-Entrance Cables
UL 863 Time-Indicating and -Recording Appliances
UL 877 Circuit Breakers and Circuit-Breaker Enclosure for Use in 
Hazardous (Classified) Locations
UL 894 Switches for Use in Hazardous (Classified) Locations

[[Page 39951]]

UL 916 Energy Management Equipment
UL 917 Clock-Operated Switches
UL 924 Emergency Lighting and Power Equipment
UL 943 Ground-Fault Circuit-Interrupters
UL 961 Electric Hobby and Sports Equipment
UL 977 Fused Power-Circuit Devices
UL 998 Humidifiers
UL 1004 Electric Motors
UL 1008 Automatic Transfer Switches
UL 1012 Power Supplies
UL 1018 Electric Aquarium Equipment
UL 1022 Line Isolation Monitors
UL 1028 Hair Clipping and Shaving Appliances
UL 1047 Isolated Power Systems Equipment
UL 1053 Ground-Fault Sensing and Relaying Equipment
UL 1054 Special-Use Switches
UL 1058 Halogenated Agent Extinguishing System Units
UL 1059 Terminal Blocks
UL 1066 Low-Voltage AC and DC Power Circuit Breakers Used in Enclosures
UL 1069 Hospital Signaling and Nurse-Call Equipment
UL 1077 Supplementary Protectors for Use in Electrical Equipment
UL 1087 Molded-Case Switches
UL 1091 Butterfly Valves for Fire-Protection Service
UL 1093 Halogenated Agent Fire Extinguishers
UL 1097 Double Insulation Systems for Use in Electrical Equipment
UL 1236 Battery Chargers
UL 1244 Electrical and Electronic Measuring and Testing Equipment
UL 1254 Pre-Engineered Dry Chemical Extinguishing Systems Units
UL 1262 Laboratory Equipment
UL 1283 Electromagnetic Interference Filters
UL 1310 Class 2 Power Units
UL 1411 Transformers and Motor Transformer for Use in Audio-, Radio-, 
and Television-Type Appliances
UL 1412 Fusing Resistors and Temperature-Limited Resistors for Radio-
and Television-Type Appliances
UL 1416 Overcurrent and Overtemperature Protectors for Radio-and 
Television-Type Appliances
UL 1424 Cables for Power-Limited Fire-Alarm Circuits
UL 1429 Pullout Switches
UL 1437 Electrical Analog Instruments-Panel Board Types
UL 1449 Transient Voltage Surge Suppressors
UL 1459 Telephone Equipment
UL 1474 Adjustable Drop Nipples for Sprinkler Systems
UL 1481 Power Supplies for Fire-Protective Signaling Systems
UL 1486 Quick Opening Devices for Dry Pipe Valves for Fire-Protection 
Service
UL 1557 Electrically Isolated Semiconductor Devices
UL 1564 Industrial Battery Chargers
UL 1570 Fluorescent Lighting Fixtures
UL 1571 Incandescent Lighting Fixtures
UL 1577 Optical Isolators
UL 1585 Class 2 and Class 3 Transformers
UL 1604 Electrical Equipment for Use in Class I and II, Division 2, and 
Class III Hazardous (Classified) Locations
UL 1664 Immersion-Detection Circuit-Interrupters
UL 1673 Electric Space Heating Cables
UL 1682 Plugs, Receptacles, and Cable Connectors, of the Pin and Sleeve 
Type
UL 1778 Uninterruptible Power Supply Equipment
UL 1863 Communication Circuit Accessories
UL 1876 Isolating Signal and Feedback Transformers for Use in 
Electronic Equipment
UL 1950 Information Technology Equipment, Including Electrical Business 
Equipment
UL 1995 Heating and Cooling Equipment
UL 2006 Halon 1211 Recovery/Recharge Equipment
UL 2111 Overheating Protection for Motors

    For convenience in compiling the list, we generally show the name 
(i.e., designation and title) used by the standards developing 
organization (SDO), although many of these standards have been approved 
as American National Standards by the American National Standards 
Institute (ANSI). For example, the ANSI designation for UL 22 is ANSI/
UL 22. Under our procedures, an NRTL that OSHA has approved for a 
particular test standard may use either the latest proprietary version 
of the test standard or the latest ANSI version of that standard, 
regardless of whether it is currently recognized for the proprietary or 
ANSI version. Contact ANSI or visit the ANSI web site to find out 
whether or not a standard is currently ANSI approved.
    None of the above standards had been withdrawn by the standards 
developing organization (SDO) at the time of the preparation of the 
notice of preliminary finding.

Programs and Procedures

    Wyle also requested continued use of the supplemental programs 
listed below, based upon the criteria detailed in the March 9, 1995 
Federal Register notice (60 FR 12980, 3/9/95). This notice lists nine 
(9) programs and procedures (collectively, programs), eight of which 
(called supplemental programs) an NRTL may use to control and audit, 
but not actually to generate, the data relied upon for product 
certification. An NRTL's initial recognition will always include the 
first or basic program, which requires that all product testing and 
evaluation be performed in-house by the NRTL that will certify the 
product. OSHA previously granted Wyle recognition to use these 
programs, which are listed in OSHA's informational web page on the Wyle 
recognition.

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 5: Acceptance of testing data from non-independent 
organizations.
Program 6: Acceptance of evaluation data from non-independent 
organizations (requiring NRTL review prior to marketing).
Program 7: Acceptance of continued certification following minor 
modifications by the client.
Program 8: Acceptance of product evaluations from organizations that 
function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme.
Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.

    OSHA developed the program descriptions to limit how an NRTL may 
perform certain aspects of its work and to accept the activities 
covered under a program only when the NRTL meets certain 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, OSHA does treat these programs as one of 
the three elements that defines an NRTL's scope of recognition.

Conditions

    Wyle Laboratories, Inc., must also abide by the following 
conditions of the recognition, in addition to those already required by 
29 CFR 1910.7:
    OSHA must be allowed access to the Wyle facilities and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If Wyle has reason to doubt the efficacy of any test standard it is 
using

[[Page 39952]]

under this program, it must promptly inform the organization that 
developed the test standard of this fact and provide that organization 
with appropriate relevant information upon which its concerns are 
based;
    Wyle must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, Wyle agrees that it will allow no 
representation that it is either a recognized or an accredited 
Nationally Recognized Testing Laboratory (NRTL) without clearly 
indicating the specific equipment or material to which this recognition 
is tied, or that its recognition is limited to certain products;
    Wyle must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details;
    Wyle will continue to meet all the terms of its recognition and 
will always comply with all OSHA policies pertaining to this 
recognition;
    Wyle will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    Wyle will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.

    Signed at Washington, D.C. this 20th day of June, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-16318 Filed 6-27-00; 8:45 am]
BILLING CODE 4510-26-P