DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-4-93]

Underwriters Laboratories Inc., Application for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice.

SUMMARY: This notice announces the application of Underwriters Laboratory Inc. (UL), for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents the Agency's preliminary finding. This preliminary finding does not constitute an interim or temporary approval of this application.

DATES: Comments submitted by interested parties must be received no later than October 12, 1999.

ADDRESSES: Send comments concerning this notice to: Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, 200 Constitution Avenue, NW, Room N3653, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical Programs and Coordination Activities at the above address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

The Occupational Safety and Health Administration (OSHA) hereby gives notice that Underwriters Laboratories Inc. (UL), has applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory (NRTL). UL's expansion covers the use of additional testing sites. OSHA recognizes an organization as an NRTL and processes applications related to such recognitions following requirements in Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Appendix A to this section requires that OSHA publish this notice of the preliminary finding on an application.

UL's previous application as an NRTL covered an expansion of recognition (62 FR 62359, 11/21/97), which OSHA granted on June 24, 1999 (64 FR 33913).

The current addresses of the testing facilities (sites) that OSHA already recognizes for UL are:

Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, Illinois 60062

Underwriters Laboratories Inc., 1285 Walt Whitman Road, Melville, Long Island, New York 11747

Underwriters Laboratories Inc., 1655 Scott Boulevard, Santa Clara, California 95050

Underwriters Laboratories Inc., 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, North Carolina 27709

Underwriters Laboratories Inc., 2600 NW Lake Road, Camas, Washington 98607

UL International Limited, Veristrong Industrial Centre, Block B, 14th Floor, 34 Au Pui Wan Street, Fo Tan Sha Tin, New Territories, Hong Kong

UL International Services, Ltd., Taiwan Branch, 4th Floor, 260 Da-Yeh Road, Pei Tou District, Taipei, Taiwan

The current addresses of the additional UL testing sites covered by the expansion request are:

DEMKO A/S, Lyskaer 8, P.O. Box 514, DK-2730, Herlev, Denmark

Underwriters Laboratory International (U.K.) Ltd., 2 Station View, Guildford, Surrey, GU1 4JY, United Kingdom

Underwriters Laboratory International Italia S.r.l., Centro Direzionale Colleoni, Palazzo Andromeda/3, 1-20041 Agrate Brianza (MI), Milan, Italy

General Background on the Application and Note on Supplemental Programs

UL has submitted a request, dated March 4, 1998 (see Exhibit 19A), to expand its recognition as an NRTL to include three sites in Europe. UL then submitted supporting information concerning its request (see Exhibits 19B-D) and requested the use of all the "supplemental" programs at each of the 3 sites (see Exhibit 19E). The supporting information that UL has submitted for these additional sites provides a general description of UL operations and, as such, also applies to the sites already recognized by OSHA. Each of the three European sites is a subsidiary of UL. The site in Milan also includes a testing facility in Sardinia, Italy.

OSHA's recognition of the three additional sites will not be limited to any particular test standards. However, recognition of these sites will be limited to performing product testing and certifications only to the test standards for which the site has the proper capability and programs, and for which OSHA has recognized UL. This treatment is consistent with the recognition that OSHA has granted to other NRTLs that operate multiple sites. Also, OSHA will permit these sites to use of all eight of the "supplemental" programs. OSHA has already recognized UL for these programs and, as a result, we are not listing them again in this notice, but merely providing this information as a matter of public interest.

OSHA has described the supplemental programs referred to above in a March 9, 1995 Federal Register notice (60 FR 12980, 3/9/95). This notice described nine (9) programs and procedures (collectively, programs), eight of which an NRTL may use to control and audit, but not actually to generate, the data relied upon for product certification. The notice also includes the criteria for the use by the NRTL of these eight, or supplemental, programs. An NRTL's initial recognition will always include the first or basic program, which requires that all product testing and evaluation be performed in-house by the NRTL that will certify the product. OSHA developed the program descriptions to limit how an NRTL may perform certain aspects of its work and to permit the activities only when the NRTL meets certain criteria. In this sense, they are special conditions that the Agency places on an NRTL's recognition. OSHA does not consider these programs in determining whether an NRTL meets the requirements for recognition, or for an expansion or renewal of recognition, under 29 CFR 1910.7.

Preliminary Finding on the Application

UL has submitted an acceptable request for expansion of its recognition as an NRTL. In connection with these requests, OSHA carried out on-site reviews of the three sites covered by the expansion request during the period of September 14-29, 1998. Discrepancies noted by the review team during the on-site reviews were responded to following their completion and are included as an integral part of the on-site review report (see Exhibits 20). With the preparation of the final review report, the NRTL Program staff is satisfied that UL has addressed concerns arising from the review. In the report, the staff recommended that OSHA expand the recognition of UL to include the three (3) additional sites listed above. The staff also recommended that these sites be permitted to use all the supplemental programs.

Following a review of the application file and the on-site review report, the NRTL Program staff concluded that UL appeared to have met the requirements for the expansion of recognition to include the three (3) additional sites listed above. The staff therefore recommended to the Assistant Secretary that the application be preliminarily approved. This recognition will be limited to UL utilizing the additional sites for performing product testing and certifications only to the test standards for which the site has the proper capability and programs, and for which OSHA has recognized UL.

Based upon a review of the complete application, and the recommendations of the staff, the Assistant Secretary has made a preliminary finding that Underwriters Laboratory Inc., can meet the requirements as prescribed by 29 CFR 1910.7 for the expansion of its recognition to include the three additional sites listed above, subject to the above limitation. This preliminary finding does not constitute an interim or temporary approval of the application.

OSHA welcomes public comments, in sufficient detail, as to whether UL has met the requirements of 29 CFR 1910.7 for expansion of its recognition as a Nationally Recognized Testing Laboratory. Your comment should consist of pertinent written documents and exhibits. To consider it, OSHA must receive the comment at the address provided above (see ADDRESS), no later than the last date for comments (see DATES above). You may obtain or review copies of UL's requests, the supporting information, the on-site review report, and all submitted comments, as received, by contacting the Docket Office, Room N2625, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, at the above address. You should refer to Docket No. NRTL-4-93, the permanent records of public information on UL's recognition.

The NRTL Program staff will review all timely comments and, after resolution of issues raised by these comments, will recommend whether to grant UL's expansion request. The Assistant Secretary will make the final decision on granting the expansion and, in making this decision, may undertake other proceedings 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, D.C. this 3rd day of August, 1999.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 99-20998 Filed 8-12-99; 8:45 am]

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