[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85247-85249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24789]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]


SGS North America, Inc.: Denial of Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to deny the 
expansion of the scope of recognition for SGS North America, Inc., as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
October 25, 2024.

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 
or email <a href="/cdn-cgi/l/email-protection#aec3cbc7c2c7c0c9cbdc80c8dccfc0cdc7dd9ceecac1c280c9c1d8"><span class="__cf_email__" data-cfemail="c0ada5a9aca9aea7a5b2eea6b2a1aea3a9b3f280a4afaceea7afb6">[email protected]</span></a>.
    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; telephone 
(202) 693-1911 or email <a href="/cdn-cgi/l/email-protection#95e7faf7fcfbe6fafbbbfef0e3fcfbd5f1faf9bbf2fae3"><span class="__cf_email__" data-cfemail="99ebf6fbf0f7eaf6f7b7f2fceff0f7d9fdf6f5b7fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the denial of the request for expansion 
of the scope of recognition of SGS North America, Inc., (SGS) as a 
NRTL. SGS requested the addition of two test standards to the NRTL 
scope of recognition. OSHA is denying that application.
    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

[[Page 85248]]

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 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.
    OSHA published the preliminary notice announcing SGS's expansion 
application and OSHA's preliminary decision to deny the application in 
the Federal Register on August 6, 2024 (89 FR 63985). The agency 
requested comments by August 21, 2024, but it received no comments in 
response to this notice.
    To obtain or review copies of all public documents pertaining to 
the SGS application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor. Docket No. OSHA-2006-0040 contains all materials 
in the record concerning SGS's recognition. Contact the OSHA Docket 
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions.

II. Final Decision and Order

    OSHA staff examined SGS's expansion application and other pertinent 
information. Based on its review of this evidence, OSHA finds that the 
standards requested in the expansion application do not meet the 
requirements of 29 CFR 1910.7 for appropriate test standards or 
alternative test standards for the NRTL Program. OSHA, therefore, is 
proceeding with this final notice to deny SGS's request for expansion 
of the NRTL scope of recognition to include the test standards listed 
below in Table 1.

  Table 1--Test Standards for Which OSHA Denies Inclusion in SGS's NRTL
                          Scope of Recognition
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           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.
------------------------------------------------------------------------

    As explained in the preliminary decision (89 FR 63985), 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

[[Page 85249]]

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.
    Nor are these test standards 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.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby denies the 
expanded scope of recognition of SGS as a NRTL as requested in the 
application identified in this notice.

III. 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 October 18, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-24789 Filed 10-24-24; 8:45 am]
BILLING CODE 4510-26-P


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