

[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Notices]               
[Page 47535-47538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au06-87]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-93]

 
Wyle Laboratories, Inc.; Application for Renewal of Recognition

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

[[Page 47536]]


ACTION: Notice.

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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.

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 NRTL1-93--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. 
NRTL1-93, 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 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.
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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 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 five-year 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 five-year period 
ending June 28, 2005. Wyle has submitted a request dated September 17, 
2004 (see Exhibit 19-1) 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 19-2), which have not been included in the listing of test 
standards shown below. In connection with the renewal, OSHA staff 
performed an on-site visit of the NRTL's site in February 2005. Based 
upon the on-site visit, the assessor recommended renewal of the WL 
recognition in a memo dated February 1, 2006 (see Exhibit 19-3). 
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 General-Use Snap Switches
UL 22 Amusement and Gaming Machines

[[Page 47537]]

UL 44 Thermoset-Insulated 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 Motor-Operated Appliances
UL 83 Thermoplastic-Insulated Wires and Cables
UL 92 Fire Extinguisher and Booster Hose
UL 98 Enclosed and Dead-Front Switches
UL 153 Portable Electric Luminaires
UL 154 Carbon-Dioxide Fire Extinguishers
UL 187 X-Ray Equipment
UL 244A Solid-State Controls for Appliances
UL 299 Dry Chemical Fire Extinguishers
UL 363 Knife Switches
UL 393 Indicating Pressure Gauges for Fire-Protection 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 Molded-Case Circuit Breakers, Molded-Case 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 745-1 Portable Electric Tools
UL 745-2-1 Particular Requirements of Drills
UL 745-2-2 Particular Requirements for Screwdrivers and Impact Wrenches
UL 745-2-3 Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4 Particular Requirements for Sanders
UL 745-2-5 Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6 Particular Requirements for Hammers
UL 745-2-8 Particular Requirements for Shears and Nibblers
UL 745-2-9 Particular Requirements for Tappers
UL 745-2-11 Particular Requirements for Reciprocating Saws
UL 745-2-12 Particular Requirements for Concrete Vibrators
UL 745-2-14 Particular Requirements for Planers
UL 745-2-17 Particular Requirements for Routers and Trimmers
UL 745-2-30 Particular Requirements for Staplers
UL 745-2-31 Particular Requirements for Diamond Core Drills
UL 745-2-32 Particular Requirements for Magnetic Drill Presses
UL 745-2-33 Particular Requirements for Portable Bandsaws
UL 745-2-34 Particular Requirements for Strapping Tools
UL 745-2-35 Particular Requirements for Drain Cleaners
UL 745-2-36 Particular Requirements for Hand Motor Tools
UL 745-2-37 Particular Requirements for Plate Jointers
UL 796 Printed-Wiring Boards
UL 813 Commercial Audio Equipment
UL 817 Cord Sets and Power-Supply Cords
UL 845 Motor Control Centers
UL 854 Service-Entrance Cables
UL 863 Time-Indicating and -Recording Appliances
UL 916 Energy Management Equipment
UL 917 Clock-Operated Switches
UL 924 Emergency Lighting and Power Equipment
UL 943 Ground-Fault Circuit-Interrupters
UL 961 Electric Hobby and Sports Equipment
UL 977 Fused Power-Circuit 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 Ground-Fault Sensing and Relaying Equipment
UL 1054 Special-Use Switches
UL 1058 Halogenated Agent Extinguishing System Units
UL 1059 Terminal Blocks
UL 1066 Low-Voltage AC and DC Power Circuit Breakers Used in Enclosures
UL 1069 Hospital Signaling and Nurse-Call Equipment
UL 1077 Supplementary Protectors for Use in Electrical Equipment
UL 1091 Butterfly Valves for Fire-Protection Service
UL 1093 Halogenated Agent Fire Extinguishers
UL 1097 Double Insulation Systems for Use in Electrical Equipment
UL 1236 Battery Chargers for Charging Engine-Starter Batteries
UL 1244 Electrical and Electronic Measuring and Testing Equipment
UL 1254 Pre-Engineered 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 Television-Type Appliances
UL 1412 Fusing Resistors and Temperature-Limited Resistors for Radio- 
and Television-Type Appliances
UL 1416 Overcurrent and Overtemperature Protectors for Radio- and 
Television-Type Appliances
UL 1424 Cables for Power-Limited Fire-Alarm Circuits
UL 1429 Pullout Switches
UL 1437 Electrical Analog Instruments--Panel Board Types
UL 1449 Transient Voltage Surge Suppressors
UL 1474 Adjustable Drop Nipples for Sprinkler Systems
UL 1481 Power Supplies for Fire-Protective Signaling Systems
UL 1486 Quick Opening Devices for Dry Pipe Valves for Fire-Protection 
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 Immersion-Detection Circuit-Interrupters
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 Communications-Circuit 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 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General 
Requirements \*\
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    \*\ 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 61010A-1, 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 61010A-1 to the 
scope of those NRTLs and to WL's scope.
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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 WL, 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 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 non-independent 
organizations.
    Program 6: Acceptance of evaluation data from non-independent 
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 (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

    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 on-site review report, other 
pertinent documents, and all submitted comments, as received, by 
contacting the Docket Office, Room N-2625, Occupational Safety and 
Health Administration, U.S. Department of Labor, at the above address. 
Docket No. NRTL1-93 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. E6-13543 Filed 8-16-06; 8:45 am]

BILLING CODE 4510-26-P
