

[Federal Register: June 21, 2007 (Volume 72, Number 119)]
[Notices]
[Page 34320-34321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn07-69]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0030]


National Technical Systems, Inc.; Renewal of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision granting the renewal of recognition of
National Technical Systems, Inc., (NTS) as a Nationally Recognized
Testing Laboratory under 29 CFR 1910.7.

DATES: The renewal of recognition becomes effective on June 21, 2007.

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.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby
gives notice of the renewal of recognition of National Technical
Systems, Inc., (NTS) as a Nationally Recognized Testing Laboratory
(NRTL). This renewal covers NTS's existing scope of recognition, which
may be found in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/nts.html
.

    OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Sec.  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
.

    National Technical Systems, Inc., (NTS) initially received OSHA
recognition as a Nationally Recognized Testing Laboratory on December
10, 1998 (63 FR 68306) for a five-year period ending on December 10,
2003. 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. NTS submitted a request,
dated February 13, 2003 (see Exhibit 7), to renew its recognition. This
request fell within the allotted time period, and NTS retained its
recognition pending OSHA's final decision in this renewal process. In
connection with the renewal, an NRTL Program assessor performed an on-
site review the NRTL's site. Based upon this review, the assessor
recommended the renewal of NTS's recognition in a memo dated July 22,
2005 (see Exhibit 7-1).
    The preliminary notice announcing the renewal application was
published in the Federal Register on August 17, 2006 (71 FR 47534).
Comments were requested by September 1, but no comments were received
in response to this notice.
    The most recent application processed by OSHA specifically related
to the recognition of NTS granted its initial recognition, and the
final notice for this recognition was published as noted above.
    You may obtain or review copies of all public documents pertaining
to the NTS application by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N2625, Washington, DC, 20210. Docket No.
OSHA-2006-0030 (formerly, NRTL1-98) contains all materials in the
record concerning the NTS application.
    The current address of the NTS facility (site) already recognized
by OSHA and included as part of the renewal is:
    National Technical Systems, Inc., 1146 Massachusetts Avenue,
Boxborough, MA 01719.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's
report, and other pertinent information. Based upon this examination
and the assessor's recommendation, OSHA finds that NTS has met the
requirements of 29 CFR 1910.7 for renewal of its recognition, subject
to the limitations and conditions listed below. Pursuant to the
authority in 29 CFR 1910.7, OSHA hereby renews the recognition of NTS,
subject to these limitations and conditions.

Limitations

1. Test Standards and Site
    OSHA limits the renewal of the NTS recognition to the one site
listed above and to testing and certification of products for
demonstration of conformance to the test standards listed below. OSHA
has determined that each of these standards meets the requirements for
an appropriate test standard, within the meaning of 29 CFR 1910.7(c).
    UL 484--Room Air Conditioners.
    UL 489--Molded-Case Circuit Breakers, Molded-Case Switches, and
Circuit-Breaker Enclosures.
    UL 499--Electric Heating Appliances.
    UL 544--Medical and Dental Equipment.
    UL 1012--Power Units Other Than Class 2.
    UL 1778--Uninterruptible Power Systems.
    UL 1863--Communications-Circuit Accessories.
    UL 1995--Heating and Cooling Equipment.
    UL 60601-1--Medical Electrical Equipment, Part 1: General
Requirements for Safety.
    UL 60950--Information Technology Equipment.
    UL 61010A-1--Electrical Equipment For Laboratory Use; Part 1:
General Requirements.
    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 the preliminary notice.
    OSHA's recognition of NTS, 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

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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.
2. Supplemental Programs
    The renewal is also limited to continued use by NTS of the
following supplemental programs, all of which are currently in its
scope.
    Program 4: Acceptance of witnessed testing data.
    Program 8: Acceptance of product evaluations from organizations
that function as part of the International Electrical 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.

Conditions

    NTS 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 NTS's facility and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
    If NTS 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;
    NTS 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, NTS 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;
    NTS 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;
    NTS will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and
    NTS will continue to meet the requirements for recognition in all
areas where it has been recognized.

    Signed at Washington, DC, this 4th day of June, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-12024 Filed 6-20-07; 8:45 am]

BILLING CODE 4510-26-P
