DEPARTMENT OF LABOR

[Docket No. NRTL-1-89 & NRTL-2-88]

Inchcape Testing Services NA, Inc. (ETL Testing Laboratories, Inc. & Dash, Straus & Goodhue, Inc.)

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Notice of Expansion of Current Recognition as a Nationally Recognized Testing Laboratory; Notice of Name Change of ETL Testing Laboratories, Inc. (ETL); and Voluntary Termination of Recognition of Dash, Straus & Goodhue, Inc. (DS&G).

SUMMARY: This notice announces the Agency's final decision on the ETL application for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7. In addition, the notice reflects a name change resulting from the acquisition by Inchcape Testing Services of ETL and DS&G. Finally, this notice announces the voluntary termination of recognition of Dash, Straus & Goodhue, Inc.

FOR FURTHER INFORMATION CONTACT: Office of Variance Determination, NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

A. Background

ETL Testing Laboratories, Inc. was acquired by Inchcape, plc, and became part of Inchcape Inspection and Testing Services, U.S.A., Inc. (IITS), a Delaware corporation on August 1, 1988. On April 26, 1988, DS&G applied for recognition as a Nationally Recognized Testing Laboratory (NRTL) and was so recognized on June 16, 1989 (see 54 FR 25643). ETL applied for NRTL recognition on May 12, 1988, and was so recognized on September 13, 1989 (see 54 FR 37845). DS&G was acquired by IITS on March 1, 1991. The DS&G location became ETL Testing Laboratories, Inc., DS&G Safety Division, functioning as a testing laboratory for ETL. DS&G also continued to retain its NRTL recognition and the capability of issuing its own certification mark. In March of 1993, ETL and other Inchcape owned laboratories came under the umbrella heading of Inchcape Testing Services. There was no change, however, to ETL's ownership or legal identity. DS&G requested renewal of its recognition as an NRTL on September 8, 1993. This request was iterated by letter dated May 18, 1995 from DS&G's president. On October 4, 1996, Inchcape Testing Services NA, Inc. sent a letter to OSHA concerning the omission of several standards from the August 9, 1996 notice that were identified in ETL's request for expansion of its recognition (see FR 41659). By letters dated October 14, 1996, Inchcape formally requested (1) OSHA adjust its records to reflect a name change to Inchcape Testing Services NA, Inc. (ITS) for ETL, DS&G, and Warnock Hersey, Inc., and (2) the voluntary withdrawal of DS&G from OSHA's Program.

B. Notice of Final Decision 1. Acknowledgment of Name Change. In response to the request by ITS, OSHA hereby acknowledges the name change as discussed above.

2. Voluntary Termination of Recognition. The termination of recognition of DS&G, as requested by the corporate secretary of ITS is hereby granted. OSHA also is aware that all services previously offered under DS&G at the Boxborough, MA location will continue to be offered through ITS's ETL listing, labeling and follow-up service program.

3. Interim Approval Subject to Review. Five standards (indicated below) which were requested by ITS in its scope expansion application were, for various reasons and through no fault of ITS, not included in the Federal Register notice of August 9, 1996. Nonetheless, OSHA is expanding its recognition to include these standards on an interim basis. In the meantime, interested parties will have 60 days to comment on this interim expansion. Following this time period, if comments are received, OSHA will determine whether additional procedures are necessary.

4. Expansion of Scope of Recognition. ETL previously made application pursuant to section 6(b) of the Occupational Safety and Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7, for recognition as a nationally Recognized Testing Laboratory (see 54 FR 8411, 2/28/89), and was so recognized (see FR 37845, 9/13/89); made application for expansion of its recognition (see 55 FR 43229, 10/26/90), and was so recognized (see 55 FR 51971, 12/18/90; see also correction, 56 FR 2953, 1/25/91); made application for expansion of its recognition (see 57 FR 54422, 11/18/92), and was so recognized (see 58 FR 37749, 7/13/93; see also correction, 58 FR 47001, 9/3/93). ETL applied for expansion of its recognition as a Nationally Recognized Testing Laboratory for equipment or materials, pursuant to 29 CFR 1910.7, which was published in the Federal Register on August 9, 1996 (61 FR 41659). No comments were received concerning this request for expansion.

Notice is hereby given that ITS's recognition as a Nationally Recognized Testing Laboratory has been expanded to include the 161 test standards (equipment and material) listed below.

Copies of all pertinent documents (Docket Nos. NRTL-2-88 and NRTL-1-89) are available for inspection and duplication at the Docket Office, Room N-2634, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

The addresses of the concerned laboratories are:

3933 U.S. Route 11, P.O. Box 2040, Cortland, New York 13045

4317-A Park Drive, NW., Norcross, Georgia 30093

260 East Grand Avenue, #38, South San Francisco, California 94080

Final Decision and Order

Based upon the facts found as part of ITS's original recognition, including details of necessary test equipment, procedures, and special apparatus or facilities needed, adequate of the staff, the application, amendments, and documentation submitted by the applicant, previous expansions of its recognition, the application and documentation submitted by the applicant, the OSHA staff finding including the original On-Site Review Report, as well as the evaluation of the current request, OSHA finds that ITS has met the requirements of 29 CFR 1910.7 for expansion of its present recognition to test and certify certain equipment or materials.

Pursuant to the authority in 29 CFR 1910.7, ITS's recognition is hereby expanded to include the 161 additional test standards (product categories) cited below, subject to the conditions listed below. This recognition is limited to equipment or materials which, under 29 CFR Part 1910, require testing, listing, labeling, approval, acceptance, or certification by a Nationally Recognized Testing Laboratory. This recognition is limited to the use of the following 161 additional test standards for the testing and certification of equipment or materials included within the scope of these standards.

ITS has stated that these standards are used to test equipment or materials which can be used in environments under OSHA's jurisdiction, and OSHA has determined that they are appropriate within the meaning of 29 CFR 1910.7(c).

ANSI/ISA S12.13--Performance Requirements for Combustible Gas Detectors

ASTM E152--Method of Fire Test of Door Assemblies

ASTM E163--Standard Methods of Fire Tests of Window Assemblies

ANSI/EEE C37.13--Low Voltage AC Power Circuit Breakers Used in Enclosures

ANSI/EEE C37.14--Low Voltage DC Power Circuit Breakers Used in Enclosures

ANSI/UL 1--Flexible Metal Conduit

ANSI/UL 3--Flexible Nonmetallic Tubing for Electric Wiring

UL 6--Rigid Metal Conduit

UL 13--Power-Limited Circuit Cables

ANSI/UL 17--Vent or Chimney Connector Dampers for Oil-Fired Appliances

ANSI/UL 21--LP-Gas Hose

ANSI/UL 22--Amusement and Gaming Machines

ANSI/UL 25--Meters for Flammable and Combustible Liquids and LP Gas

ANSI/UL 65--Electric Wired Cabinets

ANSI/UL 69--Electric-Fence Controllers

ANSI/UL 79--Power-Operated Pumps for Petroleum Product Dispensing Systems

ANSI/UL 87--Power-Operated Dispensing Devices for Petroleum Products

UL 104--Elevator Door Locking Devices and Contacts

UL 136--Pressure Cookers

ANSI/UL 150--Antenna Rotators

ANSI/UL 154--Carbon-Dioxide Fire Extinguisher

ANSI/UL 183--Manufactured Wiring Systems

UL 201--Standard for Garage Equipment

ANSI/UL 209--Cellular Metal Floor Raceways and Fittings

ANSI/UL 224--Extruded insulating Tubing

ANSI/UL 294--Access Control System Units

ANSI/UL 296A--Waste Oil-Burning Air-Heating Appliances

ANSI/UL 299--Dry Chemical Fire Extinguisher

ANSI/UL 307A--Liquid Fuel-Burning Heating Appliances for Manufactured Homes and Recreational Vehicles

UL 330--Hose and Hose Assemblies for Dispensing Gasoline

ANSI/UL 343--Pumps for Oil-Burning Appliances

ANSI/UL 355--Cord Reels

ANSI/UL 360--Liquid-Tight Flexible Steel Conduit

ANSI/UL 363--Knife Switches

ANSI/UL 365--Police Station Connected Burglar Alarm Units and Systems

UL 407--Manifolds for Compressed Gases

ANSI/UL 414--Meter Sockets

ANSI/UL 443--Steel Auxiliary Tanks for Oil-Burner Fuel

UL 444--Communications Cables

ANSI/UL 448--Pumps for Fire-Protection Service

ANSI/UL 486B--Wire Connectors for Use with Aluminum and/or Copper Conductors

ANSI/UL 486C--Splicing Wire Connectors

ANSI/UL 486E--Equipment Wiring Terminals for Use with Aluminum and/or Cooper Conductors

ANSI/UL 493--Thermoplastic-Insulated Underground Feeder and Branch-Circuit Cables

UL 497--Protectors for Paired Conductor Communications Circuits

UL 497A--Secondary Protectors for Communication Circuits

ANSI/UL 497B--Protectors for Data Communication and Fire Alarm Circuits

UL 508C--Power Conversion Equipment

ANSI/UL 512--Fuseholders

ANSI/UL 525--Flame Arresters for Use on Vents of Storage Tanks for Petroleum Oil and Gasoline

ANSI/UL 543--Impregnated-Fiber Electrical Conduit

ANSI/UL 551--Transformer-Type Arc-Welding Machines

ANSI/UL 558--Industrial Trucks, Internal Combustion Engineer-Powered

UL 567--Pipe Connectors for Flammable and Combustible Liquids and LP Gas

ANSI/UL 583--Electric-Battery-Powered Industrial Trucks

ANSI/UL 603--Power Supplies for Use with Burglar-Alarm Systems

ANSI/UL 606--Linings and Screens for Use with Burglar-Alarm Systems

ANSI/UL 626--2 1/2 Gallon Stored-Pressure, Water-Type Fire Extinguisher

ANSI/UL 632--Electrically Actuated Transmitters

ANSI/UL 634--Connectors and Switches for Use with Burglar-Alarm Systems

ANSI/UL 641--Low-Temperature Venting Systems, Type L

ANSI/UL 644--Container Assemblies for LP-Gas

ANSI/UL 651A--Type EB and A Rigid PVC Conduit and HDPE Conduit

UL 664--Commercial Dry-Cleaning Machines (Type IV)

ANSI/UL 676--Underwater Lighting Fixtures

ANSI/UL 710--Grease Extractors for Exhaust Ducts

ANSI/UL 711--Rating and Fire Testing of Fire Extinguishers

ANSI/UL 729--Oil-Fired Floor Furnaces

ANSI/UL 730--Oil-Fired Wall Furnaces

UL 745-1--Portable Electric Tools

UL 745-2-1--Particular Requirements of Drills

UL 745-2-2--Particular Requirements for Screwdrivers and Impact Wrenches

UL 745-2-3--Particular Requirements for Grinders, Polishers, and Disk-Type Sanders

UL 745-2-4--Particular Requirements for Sanders

UL 745-2-5--Particular Requirements for Circular Saws and Circular Knives

UL 745-2-6--Particular Requirements for Hammers

UL 745-2-8--Particular Requirements for Shears and Nibblers

UL 745-2-9--Particular Requirements for Tappers

UL 745-2-11--Particular Requirements for Reciprocating Saws

UL 745-2-12--Particular Requirements for Concrete Vibrators

UL 745-2-14--Particular Requirements for Planers

UL 745-2-17--Particular Requirements for Routers and Trimmers

UL 745-2-30--Particular Requirements for Staplers

UL 745-2-31--Particular Requirements for Diamond Core Drills

UL 745-2-32--Particular Requirements for Magnetic Drill Presses

UL 745-2-33--Particular Requirements for Portable Bandsaws

UL 745-2-34--Particular Requirements for Strapping Tools

UL 745-2-35--Particular Requirements for Drain Cleaners

UL 745-2-36--Particular Requirements for Hand Motor Tools

UL 745-2-37--Particular Requirements for Plate Jointers

ANSI/UL 797--Electrical Metallic Tubing

ANSI/UL 814--Gas-Tube-Sign and Ignition Cable

ANSI/UL 826--Household Electric Clocks

ANSI/UL 827--Central-Stations for Watchman, Fire-Alarm, and Supervisory Services

UL 842--Valves for Flammable Liquids

UL 858A--Safety-Related Solid-State Controls for Household Electric Ranges

ANSI/UL 864--Control Units for Fire-Protective Signaling Systems

ANSI/UL 875--Electric Dry Bath Heaters

ANSI/UL 879--Electrode Receptacles for Gas-Tube Signs

ANSI/UL 884--Underfloor Raceways and Fittings

ANSI/UL 964--Electrically Heated Bedding

ANSI/UL 977--Fuse Power-Circuit Devices

ANSI/UL 983--Surveillance Camera Units

UL 991--Safety-Related Controls Employing Solid-State Devices

UL 1072--Medium Voltage Cables

UL 1075--Gas Fired Cooling Appliances for Recreational Vehicles

ANSI/UL 1076--Proprietary Burglar Alarm Units and Systems

ANSI/UL 1203--Explosion-Proof and Dust-Ignition-Proof Electrical Equipment for Use in Hazardous (Classified) Locations

UL 1206--Electrical Commercial Clothes-Washing Equipment

ANSI/UL 1207--Sewage Pumps for Use in Hazardous (Classified) Locations

ANSI/UL 1230--Amateur Movie Lights

ANSI/UL 1238--Control Equipment for Use with Flammable Liquid Dispensing Devices

ANSI/UL 1240--Electric Commercial Clothes-Drying Equipment

ANSI/UL 1278--Movable and Wall- or Ceiling-Hung Electric Room Heaters

ANSI/UL 1313--Nonmetallic Safety Cans for Petroleum Products

ANSI/UL 1316--Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products

UL 1323--Scaffold Hoists

ANSI/UL 1413--High-Voltage Components for Television-Type Appliances

ANSI/UL 1416--Overcurrent and Overtemperature Protectors for Radio- and Television-Type Appliances

ANSI/UL 1417--Special Fuses for Radio- and Television-Type Appliances

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

UL 1424--Cables for Power-Limited Fire-Protective-Signaling Circuits

UL 1437--Electrical Analog Instruments--Panel Board Types

ANSI/UL 1445--Electric Water Bed Heaters

ANSI/UL 1447--Electric Lawn Mowers

ANSI/UL 1448--Electric Hedge Trimmers

ANSI/UL 1480--Speakers for Fire Protective Signaling Systems

ANSI/UL 1481--Power Supplies for Fire Protective Signaling Systems

UL 1492--Audio-Video Products and Accessories

ANSI/UL 1555--Electric Coin-Operated Clothes-Washing Equipment

ANSI/UL 1556--Electric Coin-Operated Clothes-Drying Equipment

UL 1558--Metal-Enclosed Low-Voltage Power Circuit Breaker Switchgear

UL 1565--Wire Positioning Devices

UL 1567--Receptacles and Switches for Use With Aluminum Wire

ANSI/UL 1569--Metal-Clad Cables

ANSI/UL 1577--Optical Isolaters

ANSI/UL 1610--Central-Station Burglar-Alarm Units

ANSI/UL 1638--Visual Signaling Appliances

UL 1640--Portable Power Distribution Units

ANSI/UL 1662--Electric Chain Saws

UL 1664--Immersion-Detection Circuit-Interrupters

UL 1676--Discharge Path Resistors

UL 1690--Data-Processing Cables

ANSI/UL 1711--Amplifiers for Fire Protective Signaling Systems

UL 1738--Venting Systems for Gas-Burning Appliances, Categories II, III, and IV

UL 1795--Hydromassage Bathtubs

ANSI/UL 1876--Isolating Signal and Feedback Transformers for Use in Electronic Equipment

UL 1993--Self-Ballasted Lamps and Lamp Adapters

UL 1994--Low-Level Path Marking and Lighting Systems

UL 1996--Duct Heaters

UL 2021--Fixed and Location-Dedicated Electric Room Heaters

UL 2044--Commercial Closed Circuit Television Equipment

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

UL 3044--Surveillance Closed Circuit Television Equipment

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

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

The five standards for which ITS has been recognized on an interim basis are:

ANSI/UL 773--Plug-In, Locking Type Photocontrols for Use with Area Lighting

ANSI/UL 773A--Nonindustrial Photoelectric Switches for Lighting Control

UL 1673--Electric Space Heating Cables

UL 2097--Double Insulation Systems for Use in Electronic Equipment

UL 6500--Audio/Visual and Musical Instrument Apparatus for Household, Commercial, and Similar General Use

ITS must also abide by the following conditions of the expansion of its recognition, in addition to those already required by 29 CFR 1910.7:

This recognition does not apply to any aspect of any ITS program which is available only to qualified manufacturers and is based upon the NRTL's evaluation and accreditation of the manufacturer's quality assurance program;

The Occupational Safety and Health Administration shall be allowed access to ITS's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If ITS has reason to doubt the efficacy of any test standard it is using under this program, it shall promptly inform the test standard developing organization of this fact and provide that organization with appropriate relevant information upon which its concerns are based;

ITS shall not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, ITS agrees that it will allow no representation that it is either a recognized or an accredited Nationally Recognized Testing Laboratory without clearly indicating the specific equipment or material to which this recognition is tied, or that its recognition is limited to certain products;

ITS shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

ITS will continue to meet the requirements for recognition in all areas where it has been recognized; and

ITS will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

The last day for interested parties to submit written comments on the interim recognition of ITS for the five aforementioned test standards is January 21, 1997.

Send comments to: NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor--Room N3653, 200 Constitution Avenue, NW, Washington, D.C. 20210.

EFFECTIVE DATE: This recognition will become effective on November 20, 1996 and will be valid until November 22, 2001, unless terminated prior to that date, in accordance with 29 CFR 1910.7.

Signed at Washington, DC, this 12th day of November 1996.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 96-29626 Filed 11-19-96; 8:45 am]

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