[Federal Register: February 7, 2008 (Volume 73, Number 26)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0040]
SGS U.S. Testing Company, Inc.; Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision expanding the recognition of SGS U.S.
Testing Company, Inc., (SGSUS) as a Nationally Recognized Testing
Laboratory under 29 CFR 1910.7.
DATES: The expansion of recognition becomes effective on February 7,
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, 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.
Notice of Final Decision
The Occupational Safety and Health Administration (OSHA) hereby
gives notice of the expansion of recognition of SGS U.S. Testing
Company, Inc., (SGSUS) as a Nationally Recognized Testing Laboratory
(NRTL). The expansion covers the use of additional test standards.
OSHA's current scope of recognition for SGSUS may be found in the
following informational Web page: http://www.osha.gov/dts/otpca/nrtl/sgs.html.
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 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 approved by the NRTL
to meet OSHA standards that require testing and certification.
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 that details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
SGSUS applied on September 28, 2005, for expansion of its
recognition to add seven test standards to its scope (see Exhibit 18-2,
as cited in the preliminary notice). The NRTL Program staff determined
that each of these standards is an ``appropriate test standard'' within
the meaning of 29 CFR 1910.7(c). OSHA staff performed an on-site visit
of the NRTL's Fairfield site in September 2005. Based on this visit, in
February 2006, the staff recommended the expansion to include the seven
additional test standards (see Exhibit 18-4, as cited in the
preliminary notice). Therefore, OSHA is approving these test standards
for the expansion.
The preliminary notice announcing the expansion application and the
SGSUS renewal application was published in the Federal Register on
October 6, 2006 (71 FR 59131). Comments were requested by October 23,
2006, but no comments were received in response to this notice.
However, publication of the final notice has been delayed to address
matters unrelated to the expansion, which OSHA is now granting through
this final notice. The renewal application will be the subject of a
The most recent application processed by OSHA specifically related
to the recognition of SGSUS granted an expansion, and the final notice
for this expansion was published on May 12, 2000 (65 FR 30638).
You may obtain or review copies of all public documents pertaining
to the SGSUS application by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC 20210. Docket No.
OSHA-2006-0040 (formerly NRTL2-90) contains all materials in the record
concerning the recognition of SGSUS.
The current address of the SGSUS facility (site) already recognized
by OSHA is: SGS U.S. Testing Company, Inc., 291 Fairfield Avenue,
Fairfield, New Jersey 07004.
Final Decision and Order
NRTL Program staff has examined the application, the assessor's
recommendation, and other pertinent information. Based upon this
examination and the assessor's recommendation, OSHA finds that SGSUS
has met the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitation and conditions listed below.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
recognition of SGSUS, subject to this limitation and these conditions.
OSHA limits the expansion of recognition of SGSUS to testing and
certification of products for demonstration of conformance to the
following test standards, each of which OSHA has determined is an
appropriate test standard, within the meaning of 29 CFR 1910.7(c):
UL 62 Flexible Cords and Cables
UL 355 Cord Reels
UL 498 Attachment Plugs and Receptacles
UL 498A Current Taps and Adapters
UL 817 Cord Sets and Power-Supply Cords
UL 1363 Relocatable Power Taps
UL 1581 Electrical Wires, Cables, and Flexible Cords
The designations and titles of the above test standards were
current at the time of the preparation of this final notice.
OSHA's recognition of SGSUS, 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
A test standard listed above may be approved as an American
National Standard 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
SGSUS must also abide by the following conditions of the
recognition, in addition to those already required by 29 CFR 1910.7:
OSHA must be allowed access to SGSUS's facilities and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
If SGSUS has reason to doubt the efficacy of any test standard it
is using under this program, it must promptly inform the test standard
developing organization of this fact and provide that organization with
appropriate relevant information upon which its concerns are based;
SGSUS must not engage in or permit others to engage in any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, SGSUS agrees that it will allow no
representation that it is either a recognized or an accredited
Nationally Recognized Testing Laboratory (NRTL) without clearly
indicating the specific equipment or material to which this recognition
is tied, or that its recognition is limited to certain products;
SGSUS must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
changes in its operations as an NRTL, including details;
SGSUS will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and
SGSUS will continue to meet the requirements for recognition in all
areas where it has been recognized.
Signed at Washington, DC, this 30th day of January, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. E8-2199 Filed 2-6-08; 8:45 am]
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