Federal Register: August 17, 2006 (Volume 71, Number 159)
DOCID: FR Doc E6-13543
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
Docket ID: [Docket No. NRTL1-93]
NOTICE: NOTICES
ACTION: Applications, hearings, determinations, etc.:
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Wyle Laboratories, Inc.; Application for Renewal of Recognition
DATES: You must submit information or comments, or any request for extension of the time to comment, by the following dates:
DOCUMENT SUMMARY:
This notice announces the application of Wyle Laboratories, Inc. (WL) for renewal of its recognition and presents the Agency's preliminary finding to grant this request for renewal. This preliminary finding does not constitute an interim or temporary approval of the renewal application.
SUMMARY:
Wyle Laboratories, Inc.,
SUPPLEMENTAL INFORMATION
Notice of Renewal Application
The Occupational Safety and Health Administration (OSHA) hereby gives notice that Wyle Laboratories, Inc. (WL) has applied for renewal of its recognition as a Nationally Recognized Testing Laboratory (NRTL). The WL renewal request covers its existing scope of recognition, except as noted below. OSHA's current scope of recognition for WL may be found in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/wl.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 certified'' \1\ by the NRTL to meet OSHA standards that require testing and certification. \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.
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 WL recognition granted renewal of 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). WL was one of those NRTLs.
The current address of the WL facility already recognized by OSHA is: Wyle Laboratories, Inc., 7800 Highway 20 West, P.O. Box 077777, Huntsville, AL 35807.
General Background on the Renewal Application
Wyle Laboratories, Inc. (WL) initially received OSHA recognition as a Nationally Recognized Testing Laboratory on July 22, 1994 (59 FR 37509) for a fiveyear period ending on July 22, 1999. 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. WL submitted the required request and received its first renewal of recognition on June 28, 2000 (65 FR 39949), for the fiveyear period ending June 28, 2005. Wyle has submitted a request dated September 17, 2004 (see Exhibit 191) to renew its recognition again. This request falls within the allotted time period, and Wyle retains its recognition pending OSHA's final decision in this renewal process. WL later amended its request to delete certain test standards from its scope (see Exhibit 192), which have not been included in the listing of test standards shown below. In connection with the renewal, OSHA staff performed an onsite visit of the NRTL's site in February 2005. Based upon the onsite visit, the assessor recommended renewal of the WL recognition in a memo dated February 1, 2006 (see Exhibit 193). Processing of the renewal request has been delayed through no fault of the NRTL.
WL seeks renewal of its recognition for the one site that OSHA
currently includes within the NRTL's scope. WL also seeks renewal of
its recognition for continued testing and certification of products for
demonstration of conformance to the following test standards: UL 8 Water Based Agent Fire Extinguishers
UL 20 GeneralUse Snap Switches
UL 22 Amusement and Gaming Machines
[[Page 47537]]
UL 44 ThermosetInsulated Wires and Cables
UL 45 Portable Electric Tools
UL 48 Electric Signs
UL 62 Flexible Cord and Fixture Wire
UL 65 Wired Cabinets
UL 67 Panelboards
UL 73 MotorOperated Appliances
UL 83 ThermoplasticInsulated Wires and Cables
UL 92 Fire Extinguisher and Booster Hose
UL 98 Enclosed and DeadFront Switches
UL 153 Portable Electric Luminaires
UL 154 CarbonDioxide Fire Extinguishers
UL 187 XRay Equipment
UL 244A SolidState Controls for Appliances
UL 299 Dry Chemical Fire Extinguishers
UL 363 Knife Switches
UL 393 Indicating Pressure Gauges for FireProtection Service UL 429 Electrically Operated Valves
UL 444 Communications Cables
UL 466 Electric Scales
UL 467 Grounding and Bonding Equipment
UL 484 Room Air Conditioners
UL 486B Wire Connectors
UL 486C Splicing Wire Connectors
UL 486D Sealed Wire Connector Systems
UL 489 MoldedCase Circuit Breakers, MoldedCase Switches, and Circuit Breaker Enclosures
UL 497A Secondary Protectors for Communications Circuits
UL 498 Attachment Plugs and Receptacles
UL 499 Electric Heating Appliances
UL 506 Specialty Transformers
UL 507 Electric Fans
UL 508 Industrial Control Equipment
UL 510 Polyvinyl Chloride, Polyethylene and Rubber Insulating Tape UL 512 Fuseholders
UL 539 Single and Multiple Station Heat Alarms
UL 541 Refrigerated Vending Machines
UL 544 Medical and Dental Equipment
UL 626 Water Fire Extinguishers
UL 711 Rating and Fire Testing of Fire Extinguishers
UL 7451 Portable Electric Tools
UL 74521 Particular Requirements of Drills
UL 74522 Particular Requirements for Screwdrivers and Impact Wrenches
UL 74523 Particular Requirements for Grinders, Polishers, and Disk Type Sanders
UL 74524 Particular Requirements for Sanders
UL 74525 Particular Requirements for Circular Saws and Circular Knives
UL 74526 Particular Requirements for Hammers
UL 74528 Particular Requirements for Shears and Nibblers
UL 74529 Particular Requirements for Tappers
UL 745211 Particular Requirements for Reciprocating Saws
UL 745212 Particular Requirements for Concrete Vibrators
UL 745214 Particular Requirements for Planers
UL 745217 Particular Requirements for Routers and Trimmers
UL 745230 Particular Requirements for Staplers
UL 745231 Particular Requirements for Diamond Core Drills
UL 745232 Particular Requirements for Magnetic Drill Presses UL 745233 Particular Requirements for Portable Bandsaws
UL 745234 Particular Requirements for Strapping Tools
UL 745235 Particular Requirements for Drain Cleaners
UL 745236 Particular Requirements for Hand Motor Tools
UL 745237 Particular Requirements for Plate Jointers
UL 796 PrintedWiring Boards
UL 813 Commercial Audio Equipment
UL 817 Cord Sets and PowerSupply Cords
UL 845 Motor Control Centers
UL 854 ServiceEntrance Cables
UL 863 TimeIndicating and Recording Appliances
UL 916 Energy Management Equipment
UL 917 ClockOperated Switches
UL 924 Emergency Lighting and Power Equipment
UL 943 GroundFault CircuitInterrupters
UL 961 Electric Hobby and Sports Equipment
UL 977 Fused PowerCircuit Devices
UL 998 Humidifiers
UL 1004 Electric Motors
UL 1008 Transfer Switch Equipment
UL 1012 Power Units Other Than Class 2
UL 1018 Electric Aquarium Equipment
UL 1022 Line Isolation Monitors
UL 1028 Hair Clipping and Shaving Appliances
UL 1047 Isolated Power Systems Equipment
UL 1053 GroundFault Sensing and Relaying Equipment
UL 1054 SpecialUse Switches
UL 1058 Halogenated Agent Extinguishing System Units
UL 1059 Terminal Blocks
UL 1066 LowVoltage AC and DC Power Circuit Breakers Used in Enclosures UL 1069 Hospital Signaling and NurseCall Equipment
UL 1077 Supplementary Protectors for Use in Electrical Equipment UL 1091 Butterfly Valves for FireProtection Service
UL 1093 Halogenated Agent Fire Extinguishers
UL 1097 Double Insulation Systems for Use in Electrical Equipment
UL 1236 Battery Chargers for Charging EngineStarter Batteries
UL 1244 Electrical and Electronic Measuring and Testing Equipment
UL 1254 PreEngineered Dry Chemical Extinguishing System Units UL 1283 Electromagnetic Interference Filters
UL 1310 Class 2 Power Units
UL 1411 Transformers and Motor Transformers for Use in Audio, Radio, and TelevisionType Appliances
UL 1412 Fusing Resistors and TemperatureLimited Resistors for Radio and TelevisionType Appliances
UL 1416 Overcurrent and Overtemperature Protectors for Radio and TelevisionType Appliances
UL 1424 Cables for PowerLimited FireAlarm Circuits
UL 1429 Pullout Switches
UL 1437 Electrical Analog InstrumentsPanel Board Types
UL 1449 Transient Voltage Surge Suppressors
UL 1474 Adjustable Drop Nipples for Sprinkler Systems
UL 1481 Power Supplies for FireProtective Signaling Systems
UL 1486 Quick Opening Devices for Dry Pipe Valves for FireProtection Service
UL 1557 Electrically Isolated Semiconductor Devices
UL 1564 Industrial Battery Chargers
UL 1577 Optical Isolators
UL 1585 Class 2 and Class 3 Transformers
UL 1598 Luminaires
UL 1664 ImmersionDetection CircuitInterrupters
UL 1673 Electric Space Heating Cables
UL 1682 Plugs, Receptacles, and Cable Connectors of the Pin and Sleeve Type
UL 1778 Uninterruptible Power Systems
UL 1863 CommunicationsCircuit Accessories
UL 1876 Isolating Signal and Feedback Transformers for Use in Electronic Equipment
UL 1995 Heating and Cooling Equipment
UL 2006 Halon 1211 Recovery/Recharge Equipment
UL 2111 Overheating Protection for Motors
UL 60950 Information Technology Equipment
[[Page 47538]]
UL 61010A1 Electrical Equipment For Laboratory Use; Part 1: General Requirements \*\
\*\ This standard is not presently in WL's scope of recognition
but is comparable to UL 1262 Laboratory Equipment, which is in WL's scope but has been withdrawn by the standards developing
organization. OSHA must delete a withdrawn standard from the scope
of recognition of any NRTL because, once it has been withdrawn, a
standard no longer meets the requirements for an ``appropriate test
standard'' under 29 CFR 1910.7(c). In such cases, OSHA NRTL Program
policy permits NRTLs to request, or OSHA to provide, recognition for
comparable test standards, i.e., other appropriate test standards
covering comparable product testing. In this notice, OSHA has
deleted UL 1262 from the list above and added UL 61010A1, in
accordance with this policy. In the final notice for WL's expansion,
OSHA would not only formally delete UL 1262 from the scope of
recognition of WL but also from the scope of any other NRTL still
recognized for this standard. OSHA would also add UL 61010A1 to the scope of those NRTLs and to WL's scope.
UL 61010B1 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 WL, or any NRTL, for a particular test standard is limited to equipment or materials (i.e., products) for which OSHA standards require thirdparty 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 ANSIapproved 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 ANSIapproved. Programs and Procedures
The renewal would include continued use by WL of the following supplemental programs, all of which are currently in its scope.
Program 2: Acceptance of testing data from independent organizations, other than NRTLs.
Program 3: Acceptance of product evaluations from independent organizations, other than NRTLs.
Program 4: Acceptance of witnessed testing data.
Program 5: Acceptance of testing data from nonindependent organizations.
Program 6: Acceptance of evaluation data from nonindependent organizations (requiring NRTL review prior to marketing).
Program 7: Acceptance of continued certification following minor modifications by the client.
Program 8: Acceptance of product evaluations from organizations that function as part of the International Electrotechnical Commission Certification Body (IECCB) 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
WL has submitted an acceptable request for renewal of its recognition as an NRTL. Our review of the application file, the assessor's memo, and other pertinent documents, indicates that WL 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 WL 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 Wyle request, the onsite review report, other pertinent documents, 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. NRTL193 contains all materials in the record concerning the WL 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 WL 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. E613543 Filed 81606; 8:45 am]
BILLING CODE 451026P
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 N3655, Washington, DC 20210, or phone (202) 693 2110.