Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42829

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket No. NRTL–1–89]

Intertek Testing Services NA, Inc. (ITS)

[Formerly Inchcape Testing Services

NA, Inc. (ITS)]

AGENCY: Occupational Safety and Health

Administration, Department of Labor.

ACTION: Notice of requests for expansion

of recognition as a Nationally

Recognized Testing Laboratory, and

preliminary findings. Notice of name

change of Inchcape Testing Services

NA, Inc.

SUMMARY: This notice announces the

applications of Intertek Testing Services

NA Inc. for expansion of its recognition

as a Nationally Recognized Testing

Laboratory (NRTL), for laboratory

facilities, under 29 CFR 1910.7, and

presents the Agency’s preliminary

finding. In addition, the applicant has

requested a change of name resulting

from its acquisition by Charterhouse

Development Capital Limited

(Charterhouse).

DATES: The last date for interested

parties to submit comments is October

7, 1997.

ADDRESSES: Send comments to: NRTL

Recognition Program, Occupational

Safety and Health Administration, U.S.

Department of Labor, Room N3653, 200

Constitution Avenue, Washington, DC

20210.

FOR FURTHER INFORMATION CONTACT:

Office of Variance Determination, NRTL

Recognition Program, Occupational

Safety and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, N.W., Room N3653,

Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that Intertek

Testing Services NA Inc. (ITS), has

made application, pursuant to 29 CFR

1910.7, for expansion of its recognition

as a Nationally Recognized Testing

Laboratory for the laboratory sites listed

below. The applicant also informed

OSHA of a change of name to Intertek

Testing Services NA Inc. (ITS). (Note

that the abbreviation ‘‘ITS’’ will remain,

as utilized under its previous owner,

where its name was Inchcape Testing

Services NA, Inc.). Previously, as ETL

Testing Laboratories, Inc. (ETL), it made

application pursuant to 29 CFR 1910.7,

for recognition as a Nationally

Recognized Testing Laboratory (see 54

FR 8411, 2/28/89), and was so

recognized (see 54 FR 37845, 9/13/89);

made application for expansion of its

recognition (see 55 FR 43229, 10/26/90),

and was so recognized (see 55 FR 51971,

12/18/90; see also correction, 56 FR

2953, 1/25/91); made application for

expansion of its recognition (see 57 FR

54422, 11/18/92), and was so recognized

(see 58 FR 37749, 7/13/93; see also

correction, 58 FR 47001, 9/3/93);

applied for expansion of its recognition

(see 61 FR 41659, 8/9/96), was so

recognized, the document further

including the name change from ETL

Testing Laboratories, Inc. (ETL), to

Inchcape Testing Services NA Inc. (ITS),

and noting the voluntary termination of

recognition of Dash, Straus & Goodhue

(DS&G) (see 61 FR 59111, 11/20/96).

The addresses of the concerned

laboratories are:

Inchcape Testing Services NA Inc., 530

Garcia Avenue, Pittsburg, California

94565;

Inchcape Testing Services NA Ltd., 211

Schoolhouse Street, Coquitlam,

British Columbia, V3K 4X9 Canada;

Inchcape Testing Services Hong Kong

Ltd., 2/F., Garment Centre, 576 Castle

Peak Road, Kowloon, Hong Kong;

Inchcape Testing Services Taiwan Ltd.,

14/F Huei Fung Building 27, Chung

Shan North Road, Sec. 3, Taipei,

Taiwan.

Expansion of Recognition

On August 24, 1994, Intertek Testing

Services NA Inc., as ‘‘Inchcape’’, made

individual applications for expansion of

its recognition as a Nationally

Recognized Testing Laboratory. The

applications were for the recognition of

additional sites, and included facilities

located in Taipei, Taiwan (see Exhibit

25A), and Kowloon, Hong Kong (see

Exhibit 25B). On-site investigations of

these facilities had been carried out

previously as part of a large-scale

overseas investigation of sites requested

for recognition by several other NRTLs.

Survey Reports, dated December 15,

1994, of the investigation of the Taipei,

Taiwan site [see Exhibit 25E(4)], and of

the Kowloon, Hong Kong site, [see

Exhibit 25E(3)], both carried out in

September, 1993, were prepared. On

April 3, 1996, ITS applied for an

expansion of its recognition for yet other

sites including two former Warnock

Hersey sites, now owned by ITS, in

Pittsburg, California and Coquitlam,

British Columbia (see Exhibit 25D). The

test standards requested for these two

sites were: ASTM E152—Fire Test

Method for Door Assemblies, and ASTM

E163—Standard Method of Fire Tests of

Window Assemblies, both of which are

appropriate as stipulated in 29 CFR

1910.7(c)(4). In addition, ITS informed

OSHA of the official transfer of

ownership of the Warnock Hersey, Inc.,

‘‘WHI’’ Patent Office registered

certification mark to ITS, which will be

used by ITS to identify products

certified at the two facilities and under

the two test standards noted above (see

Exhibit 25C).

Change of Name

OSHA was notified by letter, dated

December 6, 1996, of a change in

ownership of Inchcape Testing Services

NA, Inc. (see Exhibit 25F). At the time,

no change of corporate name was

requested, although OSHA was

informed that such a request would be

made at a later date. Such a request for

name change was made by letter dated

April 14, 1997 (see Exhibit 25G). The

requested name change was from

Inchcape Testing Services NA, Inc. to

Intertek Testing Services NA Inc. The

abbreviation of the company name as

‘‘ITS’’ would continue to be used.

Preliminary Finding

The NRTL Program staff made an indepth study of the details of ITS’s

original recognition and previous

expansions of its recognition [as ETL

Testing Laboratories, Inc. (ETL), and as

‘‘Inchcape’’], the applications, and

determined that ITS had the staff

capability and the necessary equipment

at the sites in question to conduct

testing of products using, in the first

instance, the previously recognized and,

in the second instance, the proposed

test standards. A Report of ITS’s request

for expansion of its recognition

prepared by the Lead Assessor for the

NRTL Program, dated February 26,

1997, was sent to the Program Director

of the NRTL Program detailing his

recommendations (see Exhibit 25E). The

NRTL staff determined that seven of the

eleven sites which had been requested

by ITS for recognition would require an

on-site investigation before a decision

could be rendered. The remaining four

sites were recommended for recognition

based upon one or all of the following

factors:

1. Previous on-site investigations.

2. Modification of the operating and

control systems at the Cortland

Corporate headquarters.

3. Audits carried out during the

previous four years.

This recommendation also applied to

the request for the test standards to be

used at Coquitlam, B. C. and the

Pittsburg, CA locations.

Based upon a review of the completed

application files, the on-site assessment

reports, and the recommendations of the

NRTL Program staff, the Assistant
42830 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices

1Section 102 of Reorganization Plan No. 4 of

1978, 5 U.S.C. App. 1 (1996) generally transferred

the authority of the Secretary of the Treasury to

issue exemptions under section 4975(c)(2) of the

Code to the Secretary of Labor.

In the discussion of the exemption, references to

specific provisions of the Act should be read to

refer as well to the corresponding provisions of

section 4975 of the Code.

Secretary has made a preliminary

finding that the four Intertek Testing

Services NA, Inc. facilities for which

expansion of its recognition was

requested can meet the requirements as

prescribed in 29 CFR 1910.7.

All interested members of the public

are invited to supply detailed reasons

and evidence supporting or challenging

the sufficiency of the applicant’s having

met the requirements for expansion of

its recognition as a Nationally

Recognized Testing Laboratory, as

required by 29 CFR 1910.7 and

Appendix A to 29 CFR 1910.7.

Submission of pertinent written

documents and exhibits shall be made

no later than October 7, 1997, and must

be addressed to the NRTL Recognition

Program, Office of Variance

Determination, Room N3653,

Occupational Safety and Health

Administration, U.S. Department of

Labor, 200 Constitution Avenue, NW,

Washington, D.C. 20210. Copies of the

ITS applications, the laboratory survey

reports, the notification of change of

ownership and name, and all submitted

comments, as received (Docket No.

NRTL–1–89), are available for

inspection and duplication at the

Docket Office, Room N2634,

Occupational Safety and Health

Administration, U.S. Department of

Labor, at the above address.

The Assistant Secretary’s final

decision on whether the applicant

(Intertek Testing Services NA Inc.)

satisfies the requirements for expansion

of its recognition as an NRTL will be

made on the basis of the entire record

including the public submissions and

any further proceedings that the

Assistant Secretary may consider

appropriate in accordance with

Appendix A to Section 1910.7.

Signed at Washington, D.C. this 30th day

of July 1997.

Greg Watchman,

Acting Assistant Secretary.

[FR Doc. 97–21012 Filed 8–7–97; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 97–41;

Exemption Application No. D–09988]

Class Exemption for Collective

Investment Fund Conversion

Transactions

AGENCY: Pension Welfare Benefits

Administration, Department of Labor.

ACTION: Grant of class exemption.

SUMMARY: This document contains a

final exemption from certain prohibited

transaction restrictions of the Employee

Retirement Income Security Act of 1974

(the Act or ERISA) and from certain

taxes imposed by the Internal Revenue

Code of 1986 (the Code). The exemption

permits an employee benefit plan (the

Client Plan) to purchase shares of a

registered investment company (the

Fund), the investment adviser for which

is a bank (the Bank) or plan adviser (the

Plan Adviser) registered under the

Investment Advisers Act of 1940 (the

Advisers Act), that also serves as a

fiduciary of the Client Plan, in exchange

for plan assets transferred in-kind to the

Fund from a collective investment fund

(the CIF) maintained by the Bank or

Plan Adviser, in connection with a

complete withdrawal of a Client Plan’s

assets from the CIF. The exemption

affects participants and beneficiaries of

the Client Plans that are involved in

such transactions as well as the Bank or

Plan Adviser and the Fund.

EFFECTIVE DATE: Section I of this

exemption is effective for transactions

occurring from October 1, 1988 until

August 8, 1997. Section II of the

exemption is effective for transactions

occurring after August 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Jan D. Broady or Mr. E.F. Williams,

Office of Exemption Determinations,

Pension and Welfare Benefits

Administration, U.S. Department of

Labor, Washington, DC 20210 at (202)

219–8881 or (202) 219–8194,

respectively, or Ms. Susan E. Rees, Plan

Benefits Security Division, Office of the

Solicitor, U.S. Department of Labor,

Washington, DC 20210 at (202) 219–

4600, ext. 105. (These are not toll-free

numbers.)

Paperwork Reduction Act Analysis

Pursuant to the Paperwork Reduction

Act of 1995 (PRA 95), Pub. L. 104–13,

44 U.S.C. Chapter 35 and 5 CFR Part

1320, the information collection request

(the ICR) in this class exemption was

published for public comment on

November 13, 1996 (61 FR 58224). No

comments were received from the

public regarding the ICR. However, as

discussed below, because the

Department of Labor (the Department)

has modified the class exemption in

response to suggestions by commenters,

the estimated information collection

burden has been adjusted (see

RESPONDENTS AND PROPOSED

FREQUENCY OF RESPONSE and

ESTIMATED ANNUAL BURDEN,

below). The Office of Management and

Budget (OMB) has approved this ICR

with the control number OMB 1210–

0104, which expires on July 31, 2000.

Persons are not required to respond to

this ICR unless it displays a currently

valid OMB control number.

Respondents and Proposed Frequency

of Response: Following the publication

on November 13, 1996 of the notice of

proposed exemption (61 FR 58224),

based upon one of the comments

received, the Department determined to

modify the final exemption to include

relief for certain non-Bank Plan

Advisers. Consequently, the Department

has recalculated estimates of the

information collection burden in the

final exemption. Based upon this

recalculation, the Department staff

estimates that approximately 75 parties

will seek to take advantage of the class

exemption in any given year. The

respondents will be banks, non-bank

advisers, and trust companies acting as

fiduciaries of plans investing in

collective investment funds maintained

by such entities.

Estimated Annual Burden: The

Department staff estimates the annual

burden for preparing the materials

required under the class exemption to

be 1767 hours. The total annual burden

cost (operating/maintenance) is

estimated to be $221,247.

SUPPLEMENTARY INFORMATION: On

November 13, 1996, the Department

published a notice in the Federal

Register (61 FR 58224) of the pendency

of a proposed class exemption from the

restrictions of sections 406(a) and 406

(b)(1) and (b)(2) of the Act and from the

taxes imposed by section 4975 (a) and

(b) of the Code by reason of section

4975(c)(1) (A) through (E) of the Code.

The Department proposed the class

exemption in response to an application

dated March 28, 1995 which was

submitted on behalf of Federated

Investors (Federated) pursuant to

section 408(a) of the Act and section

4975(c)(2) of the Code, and in

accordance with the procedures set

forth in 29 CFR Part 2570, Subpart B,

(55 FR 32836, August 10, 1990).1

The notice of pendency gave

interested persons an opportunity to

comment or request a public hearing on

the proposal. In this regard, the

Department received four comments,

one of which contained a request for a

public hearing. Upon consideration of

the record as a whole, the Department