[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Notices]               
[Page 7324-7325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe08-96]                         

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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.

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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 on-site 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
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]

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