[Federal Register: June 23, 2008 (Volume 73, Number 121)]
[Notices]               
[Page 35415-35416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn08-71]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0038]
 
Electrical Reliability Services, Inc. (Formerly Electro-Test, 
Inc.); Denial of Renewal of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision to deny the renewal of recognition of 
Electrical Reliability Services, Inc. (formerly Electro-Test, Inc.) 
(ETI) as a Nationally Recognized Testing Laboratory under 29 CFR 
1910.7.

DATES: The denial of recognition is effective on June 23, 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:

I. Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) is giving 
notice of the denial of renewal of recognition of Electrical 
Reliability Services, Inc. (formerly Electro-Test, Inc.) (ETI) as a 
Nationally Recognized Testing Laboratory (NRTL). OSHA is taking this 
action following its requirements under Subsection I.B. of Appendix A 
to 29 CFR 1910.7.
    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), OSHA's NRTL Program regulations. 
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 in the workplace that are properly approved by the 
NRTL to meet OSHA standards that require testing and certification.
    Subsection I.B describes the procedures that OSHA must use in 
deciding an NRTL's application for renewal of recognition. In order to 
approve such an application, the NRTL must meet all of the requirements 
for recognition in 29 CFR 1910.7. Subsection I.B sets out the steps 
OSHA must follow in reviewing each renewal application and provides the 
NRTL opportunities to correct or respond to any perceived failures to 
meet the requirements.
    OSHA followed the process set forth in Subsection I.B and is 
denying renewal of ETI as an NRTL. OSHA found that ETI's ownership by 
Emerson Electric Company resulted in ETI's failure to satisfy the 
requirement of 29 CFR 1910.7 that NRTLs be independent of the 
manufacturers and vendors of the products for which OSHA requires 
certification. This failure constitutes a cause for non-renewal under 
OSHA's NRTL Program regulations.
    OSHA has notified ETI of its final decision to deny its application 
for renewal. The effective date of non-renewal is shown in the DATES 
section above. As of this date, the Agency no longer accepts product 
certifications done by ETI.
    Docket No. OSHA-2007-0038 contains all public materials in the 
record concerning the recognition of ETI. You may obtain or review 
copies of these documents 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.

    Signed at Washington, DC, this 13th day of June, 2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-14072 Filed 6-20-08; 8:45 am]

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