[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Notices]
[Pages 27598-27600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13260]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-2-90]


SGS U.S. Testing Company Inc., Applications for Renewal and 
Expansion of Recognition

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice of request for renewal and expansion of recognition as a 
Nationally Recognized Testing Laboratory (NRTL), and preliminary 
finding.

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SUMMARY: This notice announces: (1) the application of SGS U.S. Testing 
Company Inc. (formerly U.S. Testing Company, Inc., California Division) 
for renewal of its recognition as an NRTL under 29 CFR 1910.7, and (2) 
the applications of SGS U.S. Testing Company Inc. for expansion of its 
recognition as an NRTL under 29 CFR 1910.7, for a new site and to use 
additional programs and procedures, and presents the Agency's 
preliminary finding. In addition, this notice formally reflects the 
name change to SGS U.S. Testing Company Inc.

DATES: The last date for interested parties to submit comments is July 
20, 1998.

ADDRESS: Send comments concerning this notice to: NRTL Program, Office 
of Technical Programs and Coordination Activities, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room N3653, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, NRTL Recognition 
Program at the above address, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Application

    Notice is hereby given that SGS U.S. Testing Company Inc. (SGS) has 
applied to the Occupational Safety and Health Administration (OSHA), 
pursuant to 29 CFR 1910.7, for renewal and for an expansion of its 
current recognition as a Nationally Recognized Testing Laboratory 
(NRTL). When first recognized as an NRTL, the organization's name was 
U.S. Testing Company, Inc., California Division. SGS informed OSHA of 
the change in name (see Exhibit 7B), and this notice reflects that 
change. In regards to the renewal, SGS received its recognition as an 
NRTL on March 23, 1993 (see 58 FR 15509), for a period of five years 
ending March 23, 1998. 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. 
SGS applied for a renewal of its recognition on March 23, 1997 (see 
Exhibit 7C), within the time allotted, and retains its recognition 
pending OSHA's final decision in this renewal process. In regards to 
the expansions, SGS requests recognition to use additional programs and 
procedures. However, that use will be subject to certain conditions. 
SGS also requests recognition for another testing facility (site) in 
Fairfield, New Jersey, which will become the headquarters of its NRTL 
operations. The application for this facility is for recognition for 
testing and certification to the test standards listed below in the 
section titled ``Expansion of Recognition--Additional Facility.'' The 
application incorporates the use of the additional programs and 
procedures, also listed below. The previous application of SGS, 
pursuant to 29 CFR 1910.7, covered its recognition as an NRTL (56 FR 
10045, 3/23/92), which OSHA granted on the date noted above.

[[Page 27599]]

    The address of the SGS testing facilities covered by this 
application are:

SGS U.S. Testing Company Inc., 291 Fairfield Avenue, Fairfield, New 
Jersey 07004.
SGS U.S. Testing Company Inc., 555 Telegraph Road, Los Angeles, 
California 90040.

Background

    This Federal Register notice announces the application of SGS U.S. 
Testing Company Inc. (formerly U.S. Testing Company, Inc., California 
Division), dated March 23, 1997 (See Exhibit 7C), for renewal of its 
recognition as an NRTL. This notice also covers the application of SGS, 
dated April 21, 1997 (see Exhibit 7D), for recognition of its 
Fairfield, New Jersey testing facility as an NRTL. In letters dated 
July 27, 1997 and February 4, 1998 (see Exhibits 7E and 7F), SGS also 
requested recognition to use the additional programs and procedures 
listed below.
    SGS according to the applicant is incorporated in the State of New 
York, and is 100% owned by SGS North America Inc., which in turn is 
owned by SGS Societe General de Surveillance S.A., based in Geneva, 
Switzerland. This same ownership relationship existed at the time SGS 
was first recognized as an NRTL in March 1993.

Renewal of NRTL Recognition

    SGS requests renewal of the recognition of its Los Angeles testing 
facility for the following standards for which it was previously 
recognized:

ANSI/UL 1 Flexible Metal Conduit
ANSI/UL 3 Flexible Nonmetallic Tubing for Electric Wiring
ANSI/UL 250 Household Refrigerators and Freezers
ANSI/UL 514A Metallic Outlet Boxes, Electrical
UL 544 Electric Medical and Dental Equipment
ANSI/UL 632 Electrically Actuated Transmitters
ANSI/UL 751 Vending Machines
ANSI/UL 913 Intrinsically Safe Apparatus and Associated Apparatus 
for Use in Class I, II, and III, Division I, Hazardous (Classified) 
Locations
ANSI/UL 1012 Power Supplies
UL 1236 Electric Battery Chargers
UL 1270 Radio Receivers, Audio Systems, and Accessories
ANSI/UL 1418 Implosion-Protected Cathode-Ray Tubes for Television-
Type Appliances
UL 1459 Telephone Equipment
ANSI/UL 1484 Residential Gas Detectors
ANSI/UL 1571 Incandescent Lighting Fixtures
UL 1604 Electrical Equipment for Use in Class I and II, Division 2 
and Class III Hazardous (Classified) Locations

Expansion of Recognition--Additional Facility

    SGS requests recognition of its Fairfield, New Jersey testing 
facility for the following standards when applicable to equipment or 
materials that will be used in environments under OSHA's jurisdiction. 
SGS desires recognition for testing and certification of products 
tested for compliance with these test standards, and OSHA has 
determined they are appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 94 Tests for Flammability of Plastic Materials for Parts in 
Devices and Appliances
ANSI/UL 1950 Information Technology Equipment Including Electrical 
Business Equipment
UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 3101-1 Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 3111-1 Electrical Measuring and Test Equipment, Part 1: General

    The recognition of this additional testing facility also 
incorporates the use of the additional programs and procedures listed 
below.

Expansion of Recognition--Programs and Procedures

    SGS requests expansion of its recognition to use the following 
additional programs and procedures, based upon the requirements as 
detailed in the Federal Register document titled ``Nationally 
Recognized Testing Laboratories; Clarification of the Types of Programs 
and Procedures,'' (60 FR 12980, 3/9/95). This notice describes nine 
programs or procedures which an NRTL may use in certifying a product, 
all of which require that the NRTL retain primary control of or 
responsibility for all aspects of product certification. Each NRTL is 
automatically approved to use the program called the ``Basic 
Procedure,'' when it is first recognized.
    1. Acceptance of testing data from independent organizations, other 
than NRTLs.
    2. Acceptance of witnessed testing data.

Conditions--Use of Programs and Procedures

    The following conditions apply to the recognition to use the 
additional programs and procedures, and are in addition to the 
requirements detailed in the previously cited March 9, 1995 Federal 
Register (60 FR 12980):
    a. SGS U.S. Testing Company Inc., Fairfield, New Jersey, will 
review and approve the qualifications of all external organizations 
prior to SGS U.S. Testing Company Inc. accepting test data from these 
organizations.
    b. SGS U.S. Testing Company Inc., Fairfield, New Jersey, will 
review and approve the qualifications of all external organizations 
prior to SGS U.S. Testing Company Inc. using a site of any of these 
organizations for witnessed test data.

Preliminary Finding

    SGS addressed the criteria that have to be met for renewal and for 
expansion of its recognition as an NRTL. In connection with the renewal 
and the use of the programs, OSHA carried out an on-site review 
(evaluation) of the Los Angeles, California, on August 4-5, 1997. OSHA 
also carried out an on-site review (evaluation) of the Fairfield, New 
Jersey facility, on June 2-3, 1997. Discrepancies noted by the review 
team during the on-site review were responded to following its 
completion and are included as an integral part of the on-site review 
report (see Exhibits 8). With the preparation of the final review 
report, the NRTL Program staff was satisfied that SGS had addressed 
concerns arising from the review. In the cover memo for the report, the 
staff recommended that the recognition of SGS be renewed, and be 
expanded to allow the use of the additional programs and procedures, 
subject to the above conditions. The staff also recommended the 
recognition of the SGS Fairfield, New Jersey testing facility, which 
will become the headquarters of its NRTL operations.
    Following a review of the application file and the on-site review 
report, the NRTL Program staff concluded that the applicant appeared to 
have met the requirements for renewal of its recognition as a 
Nationally Recognized Testing Laboratory for the Los Angeles, 
California facility, and for the expansion of recognition to include 
the Fairfield, New Jersey facility, and for use of the additional 
programs and procedures, subject to the above conditions. The staff 
therefore recommended to the Assistant Secretary that the applications 
be preliminarily approved.
    Based upon a review of the complete application, and the 
recommendations of the staff, including the recommendation in the on-
site review report, dated February 27, 1998, the Assistant Secretary 
has made a preliminary finding that SGS U.S. Testing Company Inc. can 
meet the requirements as prescribed by 29 CFR 1910.7 for renewal of its 
recognition, and for the expansion of its recognition to include the 
additional facility, and to use the additional programs and

[[Page 27600]]

procedures, subject to the above conditions.
    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 
the last date for comments (see DATES above), and submitted to the 
address provided above (see ADDRESS). Copies of the SGS application, 
letters and supporting documentation, the on-site review report, and 
all submitted comments, as received, are available for inspection and 
duplication (under Docket No. NRTL-2-90) 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 
(SGS U.S. Testing Company Inc.) satisfies the requirements for renewal 
and 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 to be 
appropriate in accordance with appendix A to Sec. 1910.7.

    Signed at Washington, DC., this 12th day of May, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-13260 Filed 5-18-98; 8:45 am]
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