[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22955]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0029]
Wyle Laboratories, Inc.; Revocation of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the Occupational Safety and Health
Administration's decision to revoke the recognition of Wyle
Laboratories, Inc. (Wyle) as a Nationally Recognized Testing Laboratory
under 29 CFR 1910.7.
DATES: The revocation became effective on August 24, 2011.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Acting 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. For information about the Nationally
Recognized Testing Laboratory Program, go to http://www.osha.gov, and
select "N" in the site index.
Notice of Final Decision
The Occupational Safety and Health Administration (OSHA) is giving
notice of the revocation of recognition of Wyle Laboratories, Inc.
(Wyle) as a Nationally Recognized Testing Laboratory (NRTL). OSHA took
this action following the requirements under subsection II.E of
Appendix A to 29 CFR 1910.7 ("subsection E").
OSHA recognition of an NRTL signifies that the organization meets
the legal 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, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
Subsection E describes the process that OSHA must use in revoking
the recognition of an NRTL. This subsection sets forth three potential
causes of revocation. In the event any cause applies, OSHA provides the
NRTL with the opportunity to correct or rebut the alleged deficiencies
leading to the proposed revocation. If the NRTL does not correct or
reconcile alleged deficiencies, OSHA will propose, in writing,
revocation of recognition. Revocation becomes effective in 60 days,
unless the NRTL corrects the deficiency or requests a hearing before an
Administrative Law Judge on the revocation action. Wyle did not request
such a hearing.
OSHA followed the process set forth in subsection E and is revoking
Wyle's recognition as an NRTL. OSHA identified deficiencies in Wyle's
testing and certification operations that Wyle did not correct. OSHA
determined that, as a result of these deficiencies, Wyle failed to
substantially satisfy the requirements of 29 CFR 1910.7 and Appendix A,
which is a cause for revocation under OSHA's NRTL Program regulations.
OSHA already notified Wyle of the revocation decision, which is final.
The DATES section above provides the effective date of revocation.
Consequently, the Agency no longer accepts product certifications made
by Wyle on or after this effective date.
All public documents pertaining to the Wyle's recognition are
available for review 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. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0029.
Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue, NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Sections
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR
55355), and 29 CFR part 1911.
Signed at Washington, DC on September 2, 2011.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-22955 Filed 9-7-11; 8:45 am]
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