
[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55709-55710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22955]


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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.

ACTION: Notice.

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[[Page 55710]]

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.

SUPPLEMENTARY INFORMATION: 

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.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-22955 Filed 9-7-11; 8:45 am]
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