DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-90]

SGS U. S. Testing Company Inc., Correction of Recognition

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

ACTION: Notice.

SUMMARY: This notice corrects the renewal and expansion of recognition recently granted to SGS U.S. Testing Company Inc.

EFFECTIVE DATE: This correction becomes effective on December 17, 1998.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, 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, D.C. 20210, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

The Occupational Safety and Health Administration (OSHA) is correcting the renewal and expansion of recognition granted to SGS U.S. Testing Company Inc. (SGS), on August 28, 1998 (see 463 FR 6084). 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), and in Appendix A to this section. This correction notice falls outside the requirements of this section, and will be the only notice that OSHA will publish on this matter.

The current addresses of the two sites which OSHA has recognized for SGS are: SGS U.S. Testing Company Inc., 555 Telegraph Road, Los Angeles, California 90040; SGS U.S. Testing Company Inc., 291 Fairfield Avenue, Fairfield, New Jersey 07004.

In the August 28 notice, OSHA renewed the recognition of the SGS site in Los Angeles, which had received its original recognition under the name U.S. Testing Company, Inc., California Division. OSHA also expanded the recognition of SGS to include the additional site located in Fairfield, and an additional 5 test standards. However, OSHA recognized the Fairfield site only for these 5 test standards, since they were part of the application for this site, and renewed the recognition of the Los Angeles site only for the 16 test standards of the original recognition.

Such a "site-specific" recognition of test standards is inconsistent with the recognition that OSHA has granted to other NRTLs that operate multiple sites. For these NRTLs, OSHA generally recognizes the NRTL for the test standards for which it is qualified, and the NRTL may then use a site to perform product testing and certifications only to the test standards for which the site has the proper capability and programs. OSHA does not limit recognition of a site to particular test standards unless that site's capability is limited. In the case of SGS, OSHA did not intend to impose a site-specific limitation, but just granted what it believed SGS had requested.

Just prior to publication of the August 28 notice, SGS informed OSHA that it had intended to request recognition of its existing and the additional standards for both the Los Angeles and Fairfield sites. SGS also inquired about the possibility of changing the notice, however the deadline for changing the notice had passed. The NRTL Program staff did review the application and the on-site review report to confirm that a site-specific limitation was not necessary.

SGS has formally requested, in a letter dated September 3, 1998 (see Exhibit 12), that OSHA correct the August 28 notice. The NRTL Program staff has determined that the site-specific recognition of the test standards is due to the way that SGS submitted its request for the expansion, and not due to any apparent lack of capability or other factor that would warrant a limitation. The staff therefore recommended to the Assistant Secretary that OSHA correct the recognition of SGS to reflect that it is recognized for 21 test standards and not for particular standards at each site. However, the staff recommendation includes the condition that SGS use a site to perform testing and certifications only to the test standards for which the site has the proper capability and programs.

Based on the recommendation of the staff, the Assistant Secretary is correcting the recognition of SGS to reflect that it is recognized for 21 test standards and not for particular standards at each site. This correction is subject to the above condition recommended by staff. All other terms and conditions of SGS' recognition as an NRTL remain the same.

For information purposes, the 21 test standards are relisted below.

ANSI/UL 1 Flexible Metal Conduit

ANSI/UL 3 Flexible Nonmetallic Tubing for Electric Wiring

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

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

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

A copy of SGS' September 3, 1998 letter to OSHA is available for inspection and duplication at the Docket Office, Room N2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. The letter will be available under Docket No. NRTL-2-90, the permanent record of public information on SGS' recognition.

Signed at Washington, D.C. this 8th day of December, 1998.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 98-33407 Filed 12-16-98; 8:45 am]

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