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• Publication Date: 08/17/2006
• Publication Type: Notice
• Fed Register #: 71:47534-47535
• Standard Number: 1910.7
• Title: National Technical Systems, Inc.; Application for Renewal of Recognition

[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Notices]               
[Page 47534-47535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au06-86]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-98]

 
National Technical Systems, Inc.; Application for Renewal of 
Recognition

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

ACTION: Notice.

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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 
renewal application.

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, 
2006.

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 
submissions.
    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-
2110.

SUPPLEMENTARY INFORMATION: 

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.
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    \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 
NRTL.
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    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 
NRTL.
    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-
Breaker Enclosures
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 
for Safety
UL 60950 Information Technology Equipment--Safety--Part 1: General 
Requirements
UL 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General 
Requirements
UL 61010B-1 Electrical Measuring and Test Equipment; Part 1: General 
Requirements

    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 
product(s).
    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.,
Assistant Secretary.
 [FR Doc. E6-13542 Filed 8-16-06; 8:45 am]

BILLING CODE 4510-26-P

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