7324 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 

at both the top and bottom of the belt/ 

return slope so that the belt and return 

will be one slope for the purpose of 

return air and coal haulage; (3) a carbon 

monoxide monitoring system will be 

used on the belt at the top and bottom 

of the slope with monitoring via 

computer in the mine office and the 

mine dispatcher station on the surface; 

and (4) return air coursed up the slope 

will be routed to the return at the top 

of the slope and will not mix with belt 

air. The petitioner asserts that the 

proposed alternative method will at all 

times guarantee the same measure of 

protection and safety afforded the 

miners by the mandatory standard. 

Docket Number: M–2008–001–C. 

Petitioner: S & M Coal Company, 1744 

E. Grand Avenue, Tower City, 

Pennsylvania 17980. 

Mine: Buck Mountain Slope, MSHA 

I.D. No. 36–02022, located in Daupin 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1400 

(Hoisting equipment; general). 

Modification Request: The petitioner 

proposes to use the slope (gunboat) to 

transport persons in shafts and slopes 

using an increased rope strength/safety 

factor and secondary safety rope 

connection instead of using safety 

catches or other no less effective 

devices. The petitioner asserts that a 

functional safety catch capable of 

working properly in slopes with 

knuckles and curves has not been 

developed and that the proposed 

alternative method will not provide less 

than the same measure of protection 

afforded the miners under the current 

standard. 

Dated: January 30, 2008. 

Jack Powasnik, 

Deputy Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. E8–2229 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2006–0040] 

SGS U.S. Testing Company, Inc.; 

Expansion of Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Occupational Safety and Health 

Administration’s final decision 

expanding the recognition of SGS U.S. 

Testing Company, Inc., (SGSUS) as a 

Nationally Recognized Testing 

Laboratory under 29 CFR 1910.7. 

DATES: The expansion of recognition 

becomes effective on February 7, 2008. 

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 N–3655, 

Washington, DC 20210, or phone (202) 

693–2110. 

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 

notice of the expansion of recognition of 

SGS U.S. Testing Company, Inc., 

(SGSUS) as a Nationally Recognized 

Testing Laboratory (NRTL). The 

expansion covers the use of additional 

test standards. OSHA’s current scope of 

recognition for SGSUS may be found in 

the following informational Web page: 

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

sgs.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. 

SGSUS applied on September 28, 

2005, for expansion of its recognition to 

add seven test standards to its scope 

(see Exhibit 18–2, as cited in the 

preliminary notice). The NRTL Program 

staff determined that each of these 

standards is an ‘‘appropriate test 

standard’’ within the meaning of 29 CFR 

1910.7(c). OSHA staff performed an onsite visit of the NRTL’s Fairfield site in 

September 2005. Based on this visit, in 

February 2006, the staff recommended 

the expansion to include the seven 

additional test standards (see Exhibit 

18–4, as cited in the preliminary notice). 

Therefore, OSHA is approving these test 

standards for the expansion. 

The preliminary notice announcing 

the expansion application and the 

SGSUS renewal application was 

published in the Federal Register on 

October 6, 2006 (71 FR 59131). 

Comments were requested by October 

23, 2006, but no comments were 

received in response to this notice. 

However, publication of the final notice 

has been delayed to address matters 

unrelated to the expansion, which 

OSHA is now granting through this final 

notice. The renewal application will be 

the subject of a future notice. 

The most recent application 

processed by OSHA specifically related 

to the recognition of SGSUS granted an 

expansion, and the final notice for this 

expansion was published on May 12, 

2000 (65 FR 30638). 

You may obtain or review copies of 

all public documents pertaining to the 

SGSUS application by contacting the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N–2625, Washington, DC 

20210. Docket No. OSHA–2006–0040 

(formerly NRTL2–90) contains all 

materials in the record concerning the 

recognition of SGSUS. 

The current address of the SGSUS 

facility (site) already recognized by 

OSHA is: SGS U.S. Testing Company, 

Inc., 291 Fairfield Avenue, Fairfield, 

New Jersey 07004. 

Final Decision and Order 

NRTL Program staff has examined the 

application, the assessor’s 

recommendation, and other pertinent 

information. Based upon this 

examination and the assessor’s 

recommendation, OSHA finds that 

SGSUS has met the requirements of 29 

CFR 1910.7 for expansion of its 

recognition, subject to the limitation 

and conditions listed below. Pursuant to 

the authority in 29 CFR 1910.7, OSHA 

hereby expands the recognition of 

SGSUS, subject to this limitation and 

these conditions. 

Limitation 

OSHA limits the expansion of 

recognition of SGSUS to testing and 


jlentini on PROD1PC65 with NOTICES
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