DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-90]

SGS U.S. Testing Company Inc., Applications for Renewal and Expansion of Recognition

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice of request for renewal and expansion of recognition as a Nationally Recognized Testing Laboratory (NRTL), and preliminary finding.

SUMMARY: This notice announces: (1) the application of SGS U.S. Testing Company Inc. (formerly U.S. Testing Company, Inc., California Division) for renewal of its recognition as an NRTL under 29 CFR 1910.7, and (2) the applications of SGS U.S. Testing Company Inc. for expansion of its recognition as an NRTL under 29 CFR 1910.7, for a new site and to use additional programs and procedures, and presents the Agency's preliminary finding. In addition, this notice formally reflects the name change to SGS U.S. Testing Company Inc.

DATES: The last date for interested parties to submit comments is July 20, 1998.

ADDRESS: Send comments concerning this notice to: NRTL Program, Office of Technical Programs and Coordination Activities, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N3653, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, NRTL Recognition Program at the above address, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that SGS U.S. Testing Company Inc. (SGS) has applied to the Occupational Safety and Health Administration (OSHA), pursuant to 29 CFR 1910.7, for renewal and for an expansion of its current recognition as a Nationally Recognized Testing Laboratory (NRTL). When first recognized as an NRTL, the organization's name was U.S. Testing Company, Inc., California Division. SGS informed OSHA of the change in name (see Exhibit 7B), and this notice reflects that change. In regards to the renewal, SGS received its recognition as an NRTL on March 23, 1993 (see 58 FR 15509), for a period of five years ending March 23, 1998. Appendix A to 29 CFR 1910.7 stipulates that the period of recognition of an NRTL is five years and that an NRTL may renew its recognition by applying not less than nine months, nor more than one year, before the expiration date of its current recognition. SGS applied for a renewal of its recognition on March 23, 1997 (see Exhibit 7C), within the time allotted, and retains its recognition pending OSHA's final decision in this renewal process. In regards to the expansions, SGS requests recognition to use additional programs and procedures. However, that use will be subject to certain conditions. SGS also requests recognition for another testing facility (site) in Fairfield, New Jersey, which will become the headquarters of its NRTL operations. The application for this facility is for recognition for testing and certification to the test standards listed below in the section titled "Expansion of Recognition--Additional Facility." The application incorporates the use of the additional programs and procedures, also listed below. The previous application of SGS, pursuant to 29 CFR 1910.7, covered its recognition as an NRTL (56 FR 10045, 3/23/92), which OSHA granted on the date noted above.

The address of the SGS testing facilities covered by this application are:

SGS U.S. Testing Company Inc., 291 Fairfield Avenue, Fairfield, New Jersey 07004.
SGS U.S. Testing Company Inc., 555 Telegraph Road, Los Angeles, California 90040.

Background

This Federal Register notice announces the application of SGS U.S. Testing Company Inc. (formerly U.S. Testing Company, Inc., California Division), dated March 23, 1997 (See Exhibit 7C), for renewal of its recognition as an NRTL. This notice also covers the application of SGS, dated April 21, 1997 (see Exhibit 7D), for recognition of its Fairfield, New Jersey testing facility as an NRTL. In letters dated July 27, 1997 and February 4, 1998 (see Exhibits 7E and 7F), SGS also requested recognition to use the additional programs and procedures listed below.

SGS according to the applicant is incorporated in the State of New York, and is 100% owned by SGS North America Inc., which in turn is owned by SGS Societe General de Surveillance S.A., based in Geneva, Switzerland. This same ownership relationship existed at the time SGS was first recognized as an NRTL in March 1993.

Renewal of NRTL Recognition

SGS requests renewal of the recognition of its Los Angeles testing facility for the following standards for which it was previously recognized:

ANSI/UL 1 Flexible Metal Conduit

ANSI/UL 3 Flexible Nonmetallic Tubing for Electric Wiring

ANSI/UL 250 Household Refrigerators and Freezers

ANSI/UL 514A Metallic Outlet Boxes, Electrical

UL 544 Electric Medical and Dental Equipment

ANSI/UL 632 Electrically Actuated Transmitters

ANSI/UL 751 Vending Machines

ANSI/UL 913 Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division I, Hazardous (Classified) Locations

ANSI/UL 1012 Power Supplies

UL 1236 Electric Battery Chargers

UL 1270 Radio Receivers, Audio Systems, and Accessories

ANSI/UL 1418 Implosion-Protected Cathode-Ray Tubes for Television-Type Appliances

UL 1459 Telephone Equipment

ANSI/UL 1484 Residential Gas Detectors

ANSI/UL 1571 Incandescent Lighting Fixtures

UL 1604 Electrical Equipment for Use in Class I and II, Division 2 and Class III Hazardous (Classified) Locations

Expansion of Recognition--Additional Facility

SGS requests recognition of its Fairfield, New Jersey testing facility for the following standards when applicable to equipment or materials that will be used in environments under OSHA's jurisdiction. SGS desires recognition for testing and certification of products tested for compliance with these test standards, and OSHA has determined they are appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 94 Tests for Flammability of Plastic Materials for Parts in Devices and Appliances

ANSI/UL 1950 Information Technology Equipment Including Electrical Business Equipment

UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements for Safety

UL 3101-1 Electrical Equipment for Laboratory Use; Part 1: General Requirements

UL 3111-1 Electrical Measuring and Test Equipment, Part 1: General

The recognition of this additional testing facility also incorporates the use of the additional programs and procedures listed below.

Expansion of Recognition--Programs and Procedures

SGS requests expansion of its recognition to use the following additional programs and procedures, based upon the requirements as detailed in the Federal Register document titled "Nationally Recognized Testing Laboratories; Clarification of the Types of Programs and Procedures," (60 FR 12980, 3/9/95). This notice describes nine programs or procedures which an NRTL may use in certifying a product, all of which require that the NRTL retain primary control of or responsibility for all aspects of product certification. Each NRTL is automatically approved to use the program called the "Basic Procedure," when it is first recognized.

1. Acceptance of testing data from independent organizations, other than NRTLs.

2. Acceptance of witnessed testing data.

Conditions--Use of Programs and Procedures

The following conditions apply to the recognition to use the additional programs and procedures, and are in addition to the requirements detailed in the previously cited March 9, 1995 Federal Register (60 FR 12980):

1. SGS U.S. Testing Company Inc., Fairfield, New Jersey, will review and approve the qualifications of all external organizations prior to SGS U.S. Testing Company Inc. accepting test data from these organizations.

2. SGS U.S. Testing Company Inc., Fairfield, New Jersey, will review and approve the qualifications of all external organizations prior to SGS U.S. Testing Company Inc. using a site of any of these organizations for witnessed test data.

Preliminary Finding

SGS addressed the criteria that have to be met for renewal and for expansion of its recognition as an NRTL. In connection with the renewal and the use of the programs, OSHA carried out an on-site review (evaluation) of the Los Angeles, California, on August 4-5, 1997. OSHA also carried out an on-site review (evaluation) of the Fairfield, New Jersey facility, on June 2-3, 1997. Discrepancies noted by the review team during the on-site review were responded to following its completion and are included as an integral part of the on-site review report (see Exhibits 8). With the preparation of the final review report, the NRTL Program staff was satisfied that SGS had addressed concerns arising from the review. In the cover memo for the report, the staff recommended that the recognition of SGS be renewed, and be expanded to allow the use of the additional programs and procedures, subject to the above conditions. The staff also recommended the recognition of the SGS Fairfield, New Jersey testing facility, which will become the headquarters of its NRTL operations.

Following a review of the application file and the on-site review report, the NRTL Program staff concluded that the applicant appeared to have met the requirements for renewal of its recognition as a Nationally Recognized Testing Laboratory for the Los Angeles, California facility, and for the expansion of recognition to include the Fairfield, New Jersey facility, and for use of the additional programs and procedures, subject to the above conditions. The staff therefore recommended to the Assistant Secretary that the applications be preliminarily approved.

Based upon a review of the complete application, and the recommendations of the staff, including the recommendation in the on- site review report, dated February 27, 1998, the Assistant Secretary has made a preliminary finding that SGS U.S. Testing Company Inc. can meet the requirements as prescribed by 29 CFR 1910.7 for renewal of its recognition, and for the expansion of its recognition to include the additional facility, and to use the additional programs and procedures, subject to the above conditions.

All interested members of the public are invited to supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements for expansion of its recognition as a Nationally Recognized Testing Laboratory, as required by 29 CFR 1910.7 and Appendix A to 29 CFR 1910.7. Submission of pertinent written documents and exhibits shall be made no later than the last date for comments (see DATES above), and submitted to the address provided above (see ADDRESS). Copies of the SGS application, letters and supporting documentation, the on-site review report, and all submitted comments, as received, are available for inspection and duplication (under Docket No. NRTL-2-90) at the Docket Office, Room N2634, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address.

The Assistant Secretary's final decision on whether the applicant (SGS U.S. Testing Company Inc.) satisfies the requirements for renewal and for expansion of its recognition as an NRTL will be made on the basis of the entire record including the public submissions and any further proceedings that the Assistant Secretary may consider to be appropriate in accordance with appendix A to Sec. 1910.7.

Signed at Washington, DC., this 12th day of May, 1998.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 98-13260 Filed 5-18-98; 8:45 am]

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