[Federal Register: August 17, 2006 (Volume 71, Number 159)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL1-98]
National Technical Systems, Inc.; Application for Renewal of
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the application of National Technical
Systems, Inc., (NTS) for renewal of its recognition, and presents the
Agency's preliminary finding to grant this request. This preliminary
finding does not constitute an interim or temporary approval of the
DATES: You must submit information or comments, or any request for
extension of the time to comment, by the following dates:
Hard copy: postmarked or sent by September 1, 2006.
Electronic transmission or facsimile: sent by September 1,
ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL1-98--by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: http://ecomments.osha.gov. Follow the
instructions for submitting comments on OSHA's Web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery and courier
service: Submit three copies to the OSHA Docket Office, Docket No.
NRTL1-98, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY
number is (877) 889-5627). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
Instructions: All comments received will be posted without change
to http://dockets.osha.gov, including any personal information
provided. OSHA cautions you about submitting personal information such
as social security numbers and birth dates.
Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA
Docket Office for information about materials not available through the
OSHA Web page and for assistance in using the Web page to locate docket
Extension of Comment Period: Submit requests for extensions
concerning this notice to the 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, fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: 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-
Notice of Renewal Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that National Technical Systems, Inc., (NTS) has applied
for renewal of its recognition as a Nationally Recognized Testing
Laboratory (NRTL). The NTS renewal request covers its existing scope of
recognition. OSHA's current scope of recognition for NTS may be found
in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/nts.html.
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Sec. 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 certified''\1\ by
the NRTL to meet OSHA standards that require testing and certification.
\1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
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, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
The most recent notice published by OSHA specifically related to
the NTS recognition granted its NRTL status, which became effective as
noted below. However, OSHA issued a notice to modify the scope of a
number of NRTLs to replace or delete withdrawn test standards (70 FR
11273, March 8, 2005). NTS was one of those NRTLs.
The current address of the NTS facility already recognized by OSHA
is: National Technical Systems, Inc., 1146 Massachusetts Avenue,
Boxborough, MA 01719.
General Background on the Renewal Application
National Technical Systems, Inc., (NTS) initially received OSHA
recognition as a Nationally Recognized Testing Laboratory on December
10, 1998 (63 FR 68306) for a five-year period ending on December 10,
2003. 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. NRTLs
submitting requests within this allotted time period retain their
recognition during OSHA's renewal process. NTS has submitted a request,
dated February 13, 2003 (see Exhibit 7), to renew its recognition,
within the allotted time period, and retains its recognition pending
OSHA's final decision in this renewal process. In connection with the
renewal, OSHA staff performed an on-site visit of the NRTL's site in
January 2005. Based on this visit, the staff recommended renewal of the
NTS recognition in the on-site review report dated July 22, 2005 (see
Exhibit 7-1). The NTS existing scope of recognition consists of the
facility listed above, and the test standards and supplemental programs
listed below. OSHA deferred processing of the renewal request due to
certain changes the NRTL considered making to its operations, but
processing of the request also has been delayed through no fault of the
NTS seeks renewal of its recognition for the one site that OSHA
currently includes within the NRTL's scope. NTS also seeks renewal of
its recognition for continued testing and certification of products for
demonstration of conformance to the following test standards.
UL 484 Room Air Conditioners
UL 489 Molded-Case Circuit Breakers, Molded-Case Switches, and Circuit-
UL 499 Electric Heating Appliances
UL 544 Medical and Dental Equipment
UL 1012 Power Units Other Than Class 2
UL 1778 Uninterruptible Power Systems
UL 1863 Communications-Circuit Accessories
UL 1995 Heating and Cooling Equipment
UL 60601-1 Medical Electrical Equipment, Part 1: General Requirements
UL 60950 Information Technology Equipment--Safety--Part 1: General
UL 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General
UL 61010B-1 Electrical Measuring and Test Equipment; Part 1: General
The designations and titles of the above test standards were
current at the time of the preparation of this notice.
OSHA's recognition of NTS, 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
Many UL test standards also are approved as American National
Standards 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.
Programs and Procedures
The renewal would include continued use by NTS of supplemental
programs 4, 8, and 9.
Program 4: Acceptance of witnessed testing data.
Program 8: Acceptance of product evaluations from organizations
that function as part of the International Electrical Commission
Certification Body (IEC-CB) Scheme.
Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents.
In developing these programs, OSHA responded to industry requests
and allowed certain of their ongoing practices to continue but in a
manner controlled by OSHA 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 under 29 CFR 1910.7. However, these
programs help to define the scope of that recognition.
Preliminary Finding on the Renewal
NTS has submitted an acceptable request for renewal of its
recognition as an NRTL. Our review of the application file, the on-site
review report, and other pertinent documents, indicates that NTS can
meet the requirements, as prescribed by 29 CFR 1910.7, for the renewal
of the one site and the test standards and programs listed above. This
preliminary finding does not constitute an interim or temporary
approval of the application.
OSHA welcomes public comments, in sufficient detail, as to whether
NTS has met the requirements of 29 CFR 1910.7 for the renewal of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits.
Should you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. We may deny a request
for extension if it is not adequately justified. You may obtain or
review copies of the NTS request, 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. Docket No. NRTL1-98 contains all
materials in the record concerning the NTS application.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant the NTS renewal request. The Assistant Secretary will make the
final decision on granting the renewal and, in making this decision,
may undertake other proceedings that are prescribed in Appendix A to 29
CFR 1910.7. OSHA will publish a public notice of this final decision in
the Federal Register.
Signed at Washington, DC this 9th day of August, 2006.
Edwin G. Foulke, Jr.,
[FR Doc. E6-13542 Filed 8-16-06; 8:45 am]
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