Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 7325 

certification of products for 

demonstration of conformance to the 

following test standards, each of which 

OSHA has determined is an appropriate 

test standard, within the meaning of 29 

CFR 1910.7(c): 

UL 62 Flexible Cords and Cables 

UL 355 Cord Reels 

UL 498 Attachment Plugs and 

Receptacles 

UL 498A Current Taps and Adapters 

UL 817 Cord Sets and Power-Supply 

Cords 

UL 1363 Relocatable Power Taps 

UL 1581 Electrical Wires, Cables, and 

Flexible Cords 

The designations and titles of the 

above test standards were current at the 

time of the preparation of this final 

notice. 

OSHA’s recognition of SGSUS, or any 

NRTL, for a particular test standard is 

limited to equipment or materials (i.e., 

products) for which OSHA standards 

require third-party testing and 

certification before use in the 

workplace. Consequently, if a test 

standard also covers any product(s) for 

which OSHA does not require such 

testing and certification, an NRTL’s 

scope of recognition does not include 

that product(s). 

A test standard listed above may be 

approved as an American National 

Standard by the American National 

Standards Institute (ANSI). However, for 

convenience, we use the designation of 

the standards developing organization 

for the standard as opposed to the ANSI 

designation. Under our procedures, any 

NRTL recognized for an ANSI-approved 

test standard may use either the latest 

proprietary version of the test standard 

or the latest ANSI version of that 

standard. You may contact ANSI to find 

out whether or not a test standard is 

currently ANSI-approved. 

Conditions 

SGSUS 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 

SGSUS’s facilities and records for 

purposes of ascertaining continuing 

compliance with the terms of its 

recognition and to investigate as OSHA 

deems necessary; 

If SGSUS has reason to doubt the 

efficacy of any test standard it is using 

under this program, it must promptly 

inform the test standard developing 

organization of this fact and provide 

that organization with appropriate 

relevant information upon which its 

concerns are based; 

SGSUS 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, SGSUS 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; 

SGSUS 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; 

SGSUS will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

SGSUS will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC, this 30th day of 

January, 2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary for Occupational Safety 

and Health. 

[FR Doc. E8–2199 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0043] 

TUV America, Inc.; Application for 

Expansion of Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

application of TUV America, Inc., 

(TUVAM) for expansion of its 

recognition and presents the Agency’s 

preliminary finding to grant this 

request. This preliminary finding does 

not constitute an interim or temporary 

approval of this application. 

DATES: You must submit information or 

comments, or any request for extension 

of the time to comment, by the 

following dates: 

• Hard copy: postmarked or sent by 

February 22, 2008. 

• Electronic transmission or 

facsimile: sent by February 22, 2008. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Electronically: You may submit 

comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for making 

electronic submissions. 

Fax: If your submissions, including 

attachments, are not longer than 10 

pages, you may fax them to the OSHA 

Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: You must 

submit three copies of your comments 

and attachments to the OSHA Docket 

Office, Docket No. OSHA–2007–0043 

(formerly, NRTL2–2001), U.S. 

Department of Labor, Room N–2625, 

200 Constitution Avenue, NW., 

Washington, DC 20210. Deliveries 

(hand, express mail, messenger and 

courier service) are accepted during the 

Department of Labor’s and Docket 

Office’s normal business hours, 8:15 

a.m.–4:45 p.m., e.t. 

Instructions: All submissions must 

include the Agency name and the OSHA 

docket number for this notice (OSHA 

Docket No. OSHA–2007–0043). 

Submissions, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov. 

Docket: To read or download 

submissions or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket 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 Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Extension of Comment Period: Submit 

requests for extensions concerning this 

notice to the Office of Technical 

Programs and Coordination Activities, 

NRTL Program, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N–3655, Washington, DC 

20210. Or fax to (202) 693–1644. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, Office of 

Technical Programs and Coordination 

Activities, NRTL Program, Occupational 

Safety and Health Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room N3655, 

Washington, DC 20210, or phone (202) 

693–2110. Our Web page includes 

information about the NRTL Program 

(see http://www.osha.gov and select ‘‘N’’

in the site index). 

SUPPLEMENTARY INFORMATION: 

Notice of Application 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 


jlentini on PROD1PC65 with NOTICES
7326 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 

notice that TUV America, Inc., 

(TUVAM) has applied for expansion of 

its current recognition as a Nationally 

Recognized Testing Laboratory (NRTL). 

TUVAM’s expansion request covers the 

use of additional test standards. OSHA’s 

current scope of recognition for TUVAM 

may be found in the following 

informational Web page: http:// 

www.osha.gov/dts/otpca/nrtl/ 

tuvam.html. 

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, employers may use 

products properly approved by the 

NRTL to meet OSHA standards that 

require testing and certification. 

The Agency processes applications by 

an NRTL for initial recognition or for 

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 its preliminary 

finding and, in the second notice, the 

Agency provides its final decision on 

the application. These notices set forth 

the NRTL’s scope of recognition or 

modifications of that scope. We 

maintain an informational Web page for 

each NRTL that details its scope of 

recognition. These pages can be 

accessed from our Web site at http:// 

www.osha.gov/dts/otpca/nrtl/ 

index.html. 

The most recent application 

processed by OSHA specifically related 

to TUVAM’s recognition granted an 

expansion, and the final notice for this 

expansion was published on August 30, 

2005 (70 FR 51373). 

The current addresses of the TUVAM 

facilities already recognized by OSHA 

are: TUV Product Services (TUVAM), 5 

Cherry Hill Drive, Danvers, MA 01923; 

TUV Product Services (TUVAM), 10040 

Mesa Rim Road, San Diego, CA 92121; 

and TUV Product Services (TUVAM), 

1775 Old Highway 8, NW., Suite 104, 

New Brighton (Minneapolis), MN 

55112. 

General Background on the Application 

TUVAM submitted an application, 

dated October 6, 2005 (see Exhibit 11–

1), to expand its recognition to include 

142 additional test standards. It 

amended its application on February 17, 

2006, to add two more test standards, 

and then in June 2006 and July 2007 

further amended its application to 

reduce its request to 89 test standards 

(see Exhibits 11–2 through 11–4), one of 

which, however, has been withdrawn by 

the standards developing organization. 

Thus, TUVAM’s request includes 88 

standards. The NRTL Program staff has 

determined that each of the remaining 

standards is an ‘‘appropriate test 

standard’’ within the meaning of 29 CFR 

1910.7(c). In connection with this 

request, NRTL Program assessment staff 

performed an on-site review of 

TUVAM’s Massachusetts testing facility 

and recommended that TUVAM’s 

recognition be expanded to include the 

additional test standards listed below 

(see Exhibit 11–5). As a result, the 

Agency would approve the 88 test 

standards for the expansion. 

TUVAM seeks recognition for testing 

and certification of products for 

demonstration of conformance to the 

following test standards: 

UL 48 ......................... Electric Signs. 

UL 69 ......................... Electric-Fence Controllers. 

UL 82 ......................... Electric Gardening Appliances. 

UL 201 ....................... Garage Equipment. 

UL 325 ....................... Door, Drapery, Gate, Louver, and Window Operators and Systems. 

UL 399 ....................... Drinking-Water Coolers. 

UL 474 ....................... Dehumidifiers. 

UL 482 ....................... Portable Sun/Heat Lamps. 

UL 497A .................... Secondary Protectors for Communication Circuits. 

UL 506 ....................... Specialty Transformers. 

UL 561 ....................... Floor-Finishing Machines. 

UL 563 ....................... Ice Makers. 

UL 588 ....................... Seasonal and Holiday Decorative Products. 

UL 676 ....................... Underwater Luminaires and Submersible Junction Boxes. 

UL 696 ....................... Electric Toys. 

UL 697 ....................... Toy Transformers. 

UL 745–1 ................... Portable Electric Tools. 

UL 745–2–1 ............... Particular Requirements for 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 749 ....................... Household Dishwashers. 

UL 775 ....................... Graphic Arts Equipment. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 7327 

UL 778 ....................... Motor-Operated Water Pumps. 

UL 826 ....................... Household Electric Clocks. 

UL 858 ....................... Household Electric Ranges. 

UL 859 ....................... Household Electric Personal Grooming Appliances. 

UL 867 ....................... Electrostatic Air Cleaners. 

UL 875 ....................... Electric Dry-Bath Heaters. 

UL 921 ....................... Commercial Dishwashers. 

UL 935 ....................... Fluorescent-Lamp Ballasts. 

UL 969 ....................... Marking and Labeling Systems. 

UL 977 ....................... Fused Power-Circuit Devices. 

UL 979 ....................... Water Treatment Appliances. 

UL 984 ....................... Hermetic Refrigerant Motor-Compressors. 

UL 987 ....................... Stationary and Fixed Electric Tools. 

UL 1018 ..................... Electric Aquarium Equipment. 

UL 1028 ..................... Hair Clipping and Shaving Appliances. 

UL 1030 ..................... Sheathed Heating Elements. 

UL 1086 ..................... Household Trash Compactors. 

UL 1088 ..................... Temporary Lighting Strings. 

UL 1097 ..................... Double Insulation Systems for Use in Electrical Equipment. 

UL 1206 ..................... Electric Commercial Clothes-Washing Equipment. 

UL 1230 ..................... Amateur Movie Lights. 

UL 1240 ..................... Electric Commercial Clothes-Drying Equipment. 

UL 1411 ..................... Transformers and Motor Transformers for Use In Audio-, Radio-, and Television-Type Appliances. 

UL 1419 ..................... Professional Video and Audio Equipment. 

UL 1431 ..................... Personal Hygiene and Health Care Appliances. 

UL 1449 ..................... Surge Protective Devices. 

UL 1484 ..................... Residential Gas Detectors. 

UL 1559 ..................... Insect-Control Equipment—Electrocution Type. 

UL 1561 ..................... Dry-Type General Purpose and Power Transformers. 

UL 1563 ..................... Electric Spas, Equipment Assemblies, and Associated Equipment. 

UL 1573 ..................... Stage and Studio Luminaires and Connector Strips. 

UL 1574 ..................... Track Lighting Systems. 

UL 1594 ..................... Sewing and Cutting Machines. 

UL 1598 ..................... Luminaires. 

UL 1741 ..................... Inverters, Converters, and Controllers and Interconnection System Equipment for Use With Distributed Energy Resources. 

UL 1778 ..................... Uninterruptible Power Supply Equipment. 

UL 1786 ..................... Direct Plug-In Nightlights. 

UL 1838 ..................... Low Voltage Landscape Lighting Systems. 

UL 1963 ..................... Refrigerant Recovery/Recycling Equipment. 

UL 1993 ..................... Self-Ballasted Lamps and Lamp Adapters. 

UL 2044 ..................... Commercial Closed-Circuit Television Equipment. 

UL 2111 ..................... Overheating Protection for Motors. 

UL 2157 ..................... Electric Clothes Washing Machines and Extractors. 

UL 2158 ..................... Electric Clothes Dryers. 

UL 60335–2–3 ........... Household and Similar Electrical Appliances, Part 2: Particular Requirements for Electric Irons. 

UL 60745–1 ............... Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements. 

UL 61010A–2–020 .... Electrical Equipment for Laboratory Use; Part 2: Particular Requirements for Laboratory Centrifuges. 

UL 61010A–2–061 .... Electrical Equipment for Laboratory Use; Part 2: Particular Requirements for Laboratory Atomic Spectrometers with 

Thermal Atomization and Ionization. 

UL 61010B–2–031 .... Electrical Equipment for Measurement, Control, and Laboratory Use; Part 2: Particular Requirements for Hand-Held 

Probe Assemblies for Electrical Measurement and Test. 

The designations and titles of the 

above test standards were current at the 

time of the preparation of this notice. 

OSHA’s recognition of TUVAM, or 

any NRTL, for a particular test standard 

is limited to equipment or materials 

(i.e., products) for which OSHA 

standards require third-party testing and 

certification before use in the 

workplace. Consequently, if a test 

standard also covers any product(s) for 

which OSHA does not require such 

testing and certification, an NRTL’s 

scope of recognition does not include 

that product(s). 

A test standard listed above may also 

be approved as an American National 

Standard by the American National 

Standards Institute (ANSI). However, for 

convenience, we use the designation of 

the standards developing organization 

for the standard as opposed to the ANSI 

designation. Under our procedures, any 

NRTL recognized for an ANSI-approved 

test standard may use either the latest 

proprietary version of the test standard 

or the latest ANSI version of that 

standard. You may contact ANSI to find 

out whether or not a test standard is 

currently ANSI-approved. 

Preliminary Finding on the Application 

TUVAM has submitted an acceptable 

request for expansion of its recognition 

as an NRTL. Our review of the 

application file, the assessor’s 

recommendation, and other pertinent 

documents indicate that TUVAM can 

meet the requirements, as prescribed by 

29 CFR 1910.7, for the expansion for the 

additional test standards listed above. 

This preliminary finding does not 

constitute an interim or temporary 

approval of the application. 

OSHA welcomes public comments, in 

sufficient detail, as to whether TUVAM 

has met the requirements of 29 CFR 

1910.7 for expansion of its recognition 

as a Nationally Recognized Testing 

Laboratory. Your comments should 

consist of pertinent written documents 

and exhibits. Should you need more 

time to comment, you must request it in 

writing, including reasons for the 

request. OSHA must receive your 

written request for extension at the 

address provided above no later than 

the last date for comments. OSHA will 

limit any extension to 30 days, unless 


jlentini on PROD1PC65 with NOTICES
7328 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 

the requester justifies a longer period. 

You may obtain or review copies of 

TUVAM’s requests, the assessor’s 

recommendation, and all submitted 

comments, as received, by contacting 

the Docket Office, Room N–2625, 

Occupational Safety and Health 

Administration, U.S. Department of 

Labor, at the above address. Docket No. 

OSHA–2007–0043 (formerly, NRTL2–

2001) contains all materials in the 

record concerning TUVAM’s 

application. 

The NRTL Program staff will review 

all timely comments and, after 

resolution of issues raised by these 

comments, will recommend whether to 

grant TUVAM’s expansion request. The 

Assistant Secretary will make the final 

decision on granting the expansion and, 

in making this decision, may undertake 

other proceedings that are prescribed in 

Appendix A to 29 CFR Section 1910.7. 

OSHA will publish a public notice of 

this final decision in the Federal 

Register. 

Signed at Washington, DC, this 1st day of 

February, 2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary for Occupational Safety 

and Health. 

[FR Doc. E8–2200 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–26–P 

NUCLEAR REGULATORY 

COMMISSION 

Status of the Office of Nuclear Reactor 

Regulation’s Electronic Distribution 

Initiative 

The Office of Nuclear Reactor 

Regulation (NRR) staff at the U.S. 

Nuclear Regulatory Commission (NRC) 

is implementing an electronic 

distribution initiative (EDI) that will 

modify the method of distributing 

selected categories (e.g., operating 

reactor license amendments) of 

operating reactor licensing 

correspondence. Specifically, this 

initiative involves replacing distribution 

of paper copies with electronic 

distribution to the plant mailing list for 

documents generated by NRR’s Division 

of Operating Reactor Licensing. This 

initiative does not affect the availability 

of official agency records in NRC’s 

Agencywide Documents Access and 

Management System (ADAMS), which 

are publicly available on the NRC’s Web 

page http://www.nrc.gov. 

When this initiative is implemented, 

addressees will continue to receive the 

original correspondence, while those on 

the plant mailing list will receive 

electronic mail (e-mail). The 

distribution of safeguards information, 

proprietary or security-related 

information, or other information that is 

withheld from public disclosure will 

not be affected by this initiative. The 

NRC staff will protect the e-mail address 

from disclosure to others for privacy 

concerns. 

In order to evaluate the feasibility of 

electronic distribution, the staff engaged 

in a pilot program with Exelon 

Generation Company, LLC (West). The 

pilot program began July 1, 2007, and 

ended September 30, 2007. A Federal 

Register Notice announcing the pilot 

program was issued on June 28, 2007 

(72 FR 35520). 

During the pilot program, the method 

used for distribution was e-mail. The email contained an electronic link to 

ADAMS providing direct access to the 

correspondence. In addition, addressees 

received an Adobe AcrobatTM (pdf) 

version of the correspondence. Several 

lessons were learned from the pilot 

program. For example, the use of emails with a direct link into ADAMS 

provides an effective communication of 

correspondence. However, it generally 

takes 5 business days for a document to 

become publicly available in ADAMS. 

Unless action is taken to make the 

document publicly available sooner or 

action taken to delay sending the e-mail 

until the document becomes publicly 

available, the direct link resulted in the 

document not being available when the 

e-mail was received. As another 

example, some licensees and 

organizations that have multiple 

recipients on the plant mailing list have 

determined that it is beneficial to 

provide one email address for the plant 

mailing list. This allows these entities to 

perform additional distribution of the 

documents through automatic 

forwarding features of their e-mail 

systems. Furthermore, this allows easy 

and rapid updating of changes to these 

additional distribution addresses 

without incurring the additional cost of 

developing and approving 

communications to the NRC to make 

changes to the plant mailing list. 

To obtain information to enhance the 

EDI, steps were taken to engage 

stakeholders. In the initial Federal 

Register notice (72 FR 35520) 

announcing the pilot program and in 

our letter dated October 11, 2007, 

(ADAMS Accession No. ML072820307) 

the NRC staff requested comments on 

the EDI. The NRC staff also sent an email on October 24, 2007 (ADAMS 

Accession No. ML080160089) to all who 

participated in the pilot program to get 

their feedback. The comments (ADAMS 

Accession No. ML080170254) were 

overwhelmingly supportive of 

electronic distribution, generally 

because of the reduced need for copies 

and reduced handling costs. A few 

responders were concerned with e-mail 

box overloads and size limits. Such 

concerns can be eventually eliminated 

as individuals and organizations 

upgrade their electronic mail systems 

and will be addressed on a case-by-case 

basis. 

Because the pilot program 

demonstrated feasibility and the 

feedback received was overwhelmingly 

favorable, the NRC is taking additional 

steps to pursue implementation of 

electronic distribution of 

correspondence. Recognizing the 

potential to provide a more effective and 

efficient method of distributing 

correspondence, the NRC intends to 

implement this initiative in 2008. 

If you have specific comments 

regarding this initiative, please contact 

Mr. Russell Gibbs at 301–415–7198, or 

rag1@nrc.gov. Comments received 

within 30 days of this notice will be 

considered for implementation in the 

EDI. 

Dated at Rockville, Maryland, this 1st day 

of February 2008. 

For The Nuclear Regulatory Commission. 

Russell Gibbs, 

Chief, Plant Licensing Branch III–2, Division 

of Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation. 

[FR Doc. E8–2243 Filed 2–6–08; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28140; 812–13386] 

PowerShares Capital Management 

LLC, et al.; Notice of Application 

February 1, 2008. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 

(‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1) and 22(d) of the Act and 

rule 22c–1 under the Act, and under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and 

(a)(2) of the Act, and under section 

12(d)(1)(J) for an exemption from 

sections 12(d)(1)(A) and (B) of the Act. 

Applicants: PowerShares Capital 

Management LLC (the ‘‘Advisor’’), AER 

Advisors, Inc. (‘‘AER’’), AIM 

Distributors, Inc. (the ‘‘Distributor’’), 

and PowerShares Actively Managed 

Exchange-Traded Fund Trust (the 

‘‘Trust’’). 


jlentini on PROD1PC65 with NOTICES