• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    84:59649-59651
  • Standard Number:
  • Title:
    SGS North America, Inc.: Applications for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards
[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Notices]
[Pages 59649-59651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24094]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]


SGS North America, Inc.: Applications for Expansion of 
Recognition and Proposed Modification to the NRTL Program's List of 
Appropriate Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of SGS North 
America, Inc., for expansion of the scope of recognition as a 
Nationally Recognized Testing Laboratory (NRTL)

and presents the agency's preliminary finding to grant the application. 
Additionally, OSHA proposes to add three test standards to the NRTL 
Program's list of appropriate test standards.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before November 20, 2019.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2006-0040, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office normal business hours, 10:00 a.m. to 
3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2006-0040). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security Numbers, 
birth dates, and medical data.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the website. All submissions, 
including copyrighted material, are available for inspection at the 
OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before November 20, 2019 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, telephone: (202) 693-1999; 
email: meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, phone: 
(202) 693-2110 or email: robinson.kevin@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that SGS North America, Inc. (SGS), is 
applying for expansion of the current recognition as a NRTL. SGS 
requests the addition of twelve (12) test standards to the NRTL scope 
of recognition, including three that OSHA proposes to add to the NRTL 
Program's list of appropriate test standards.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified in 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. Each NRTL's scope of recognition includes: (1) 
The type of products the NRTL may test, with each type specified by the 
applicable test standard and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The agency processes applications by a NRTL for initial recognition 
and for an 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. In the second notice, 
the agency provides the final decision on the application. These 
notices set forth the NRTL's scope of recognition or modifications of 
that scope. OSHA maintains an informational web page for each NRTL, 
including SGS, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at: http://www.osha.gov/dts/otpca/nrtl/index.html.
    SGS currently has nine facilities (sites) recognized by OSHA for 
product testing and certification, with headquarters located at: SGS 
North America, Inc., 620 Old Peachtree Road, Suwanee, Georgia. A 
complete list of SGS sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Application

    SGS submitted two applications, one dated February 14, 2018 (OSHA-
2006-0040-0049), another dated October 2, 2018 (OSHA-2006-0050), which 
was revised on March 9, 2019 (OSHA-2006-0040-0051), to expand its scope 
of recognition to include the addition of twelve test standards. OSHA 
staff performed a detailed analysis of the application packet and 
reviewed other pertinent information. OSHA did not perform any on-site 
reviews in relation to these applications.
    Table 1 lists the appropriate test standards found in SGS's 
applications for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     SGS's NRTL Scope of Recognition
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 22...............................  Standard for Amusement and Gaming
                                       Machines.
UL 430..............................  Electric Waste Disposers.
UL 466..............................  Standard for Electric Scales.
UL 574..............................  Standard for Electric Oil Heaters.
UL 826..............................  Standard for Electric Clocks.
UL 1740.............................  Robots and Robotic Equipment.
UL 2524 *...........................  In-Building 2-Way Emergency Radio
                                       Communication Enhancement
                                       Systems.
ANSI Z83.26 *.......................  Gas-Fired Outdoor Infrared Patio
                                       Heaters.
ANSI Z21.58.........................  Outdoor Cooking Gas Appliances.
ANSI Z21.89 *.......................  Outdoor Cooking Specialty Gas
                                       Appliances.
ANSI Z83.7..........................  American National Standard/CSA
                                       Standard for Gas-Fired
                                       Construction Heaters.

[[Page 59651]]

 
ANSI Z21.1..........................  Household Cooking Gas Appliances.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standards to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL list of appropriate test standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
agency evaluates the document to (1) verify it represents a product 
category for which OSHA requires certification by a NRTL, (2) verify 
the document represents an end product and not a component, and (3) 
verify the document defines safety test specifications (not 
installation or operational performance specifications). OSHA becomes 
aware of new test standards through various avenues. For example, OSHA 
may become aware of new test standards by: (1) Monitoring notifications 
issued by certain Standards Development Organizations; (2) reviewing 
applications by NRTLs or applicants seeking recognition to include new 
test standard in their scopes of recognition; and (3) obtaining 
notification from manufacturers, manufacturing organizations, 
government agencies, or other parties. OSHA may determine to include a 
new test standard in the list, for example, if the test standard is for 
a particular type of product that another test standard also covers or 
it covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add three new test standards to 
the NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standards that are new to the NRTL Program. OSHA 
preliminarily determined that these test standards are appropriate test 
standards and proposes to include them in the NRTL Program's list of 
appropriate test standards. OSHA seeks public comment on this 
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 2524 *...........................  In-Building 2-Way Emergency Radio
                                       Communication Enhancement
                                       Systems.
ANSI Z83.26 *.......................  Gas-Fired Outdoor Infrared Patio
                                       Heaters.
ANSI Z21.89 *.......................  Outdoor Cooking Specialty Gas
                                       Appliances.
------------------------------------------------------------------------

III. Preliminary Findings on the Applications

    SGS submitted acceptable applications for expansion of its scope of 
recognition. OSHA's review of the application files, and pertinent 
documentation, indicate that SGS can meet the requirements prescribed 
by 29 CFR 1910.7 for expanding its scope of recognition to include the 
addition of these twelve test standards for NRTL testing and 
certification listed above. This preliminary finding does not 
constitute an interim or temporary approval of SGS's applications.
    OSHA welcomes public comment as to whether SGS meets the 
requirements of 29 CFR 1910.7 for expansion of the recognition as a 
NRTL. OSHA additionally welcomes comments on the proposal to add three 
additional test standards to the NRTL Program's list of appropriate 
test standards. Comments should consist of pertinent written documents 
and exhibits. Commenters needing more time to comment must submit a 
request in writing, stating the reasons for the request. Commenters 
must submit the written request for an extension by the due date for 
comments. OSHA will limit any extension to 10 days unless the requester 
justifies a longer period. OSHA may deny a request for an extension if 
the request is not adequately justified. To obtain or review copies of 
the exhibits identified in this notice, as well as comments submitted 
to the docket, contact the Docket Office, Room N-3653, Occupational 
Safety and Health Administration, U.S. Department of Labor, at the 
above address. These materials also are available online at: http://www.regulations.gov under Docket No. OSHA-2006-0040.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health whether to grant SGS's application for 
expansion of its scope of recognition. The Assistant Secretary will 
make the final decision on granting the application. In making this 
decision, the Assistant Secretary may undertake other proceedings 
prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public 
notice of this final decision in the Federal Register.

IV. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice. Accordingly, the agency is issuing this notice pursuant to 29 
U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, 
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on October 30, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-24094 Filed 11-4-19; 8:45 am]
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