DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-93]

Entela, Inc., Expansion of Recognition

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice of expansion of recognition as a Nationally Recognized Testing Laboratory (NRTL).

SUMMARY: This notice announces the Agency's final decision on the application of Entela, Inc., for expansion of its recognition as an NRTL under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on July 10, 1998 and will be valid until July 10, 2003, unless terminated or modified prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, NRTL Program, Office of Technical Programs and Coordination Activities, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 20210, or phone (202) 219- 7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

Notice is hereby given that the Occupational Safety and Health Administration (OSHA) has expanded the recognition of Entela, Inc. (ENT) as a Nationally Recognized Testing Laboratory (NRTL) to include the 11 test standards (equipment and materials) listed below, with the limitations noted. ENT applied for expansion of its current recognition as an NRTL, pursuant to 29 CFR 1910.7, for the additional test standards. A notice announcing the application was published in the Federal Register on April 17, 1998 (63 FR 19275). The notice included a preliminary finding that ENT could meet the requirements for expansion of its recognition detailed in 29 CFR 1910.7, and invited public comment on the application by June 16, 1998. No comments were received concerning the request for expansion. ENT's previous application pursuant to 29 CFR 1910.7 was for an expansion of its recognition (62 FR 8041, 2/21/97), which OSHA granted on May 22, 1997 (62 FR 28066).

Copies of all documents (Docket No. NRTL-2-93) are available for inspection and duplication at the Docket Office, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, 200 Constitution Avenue, N.W., Room N2634, Washington, D.C. 20210.

The address of the ENT laboratories covered by this recognition are:

Entela, Inc., 3033 Madison, S.E., Grand Rapids, Michigan 49548
Entela Taiwan Laboratories, 3F No. 260 262 Wen, Lin North Road, Pei Tou, Taipei, Taiwan.

Background

ENT submitted a request, dated September 29, 1997 (see Exhibit 11), to expand its recognition as a Nationally Recognized Testing Laboratory for additional test standards. In a recommendation dated February 17, 1998 (see Exhibit 12), staff for the NRTL Program recommended that ENT's recognition be expanded to include the additional test standards. The recommendation also incorporated the limitations on the recognition of the Taipei, Taiwan facilities and personnel, when applicable to the testing and evaluation of products under the test standards listed below. These limitations are repeated herein.

In its request for expansion, ENT included a specific reference to an International Electrotechnical Commission (IEC) standard for many of the test standards listed below. Each specific reference is apparently intended to show the IEC standard equivalent to the U.S. national test standard requested. While there may be some equivalence, this expansion of recognition does not apply to or cover any of the IEC standards referenced in ENT's current request for expansion. This clarification is provided since it may not be readily apparent to some reviewers of the public record concerning this notice.

Final Decision and Order

Based upon a preponderance of the evidence resulting from an examination of the request for expansion, the supporting documentation, and the NRTL Program staff recommendation, dated February 17, 1998, OSHA finds that ENT has met the requirements of 29 CFR 1910.7 for expansion of its present recognition to test and certify certain additional equipment or materials. Pursuant to the authority in 29 CFR 1910.7, ENT's recognition is hereby expanded to include the 11 test standards listed below, subject to the limitations and condition. This recognition is limited to equipment or materials that, under 29 CFR Part 1910, require testing, listing, labeling, approval, acceptance, or certification, by a Nationally Recognized Testing Laboratory. This recognition is further limited to the use of the following test standards for the testing and certification of equipment or materials included within the scope of these standards.

ENT asserts by its application that the following standards pertain to equipment or materials that will be used in environments under OSHA's jurisdiction, and OSHA has determined the standards are appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 130 Electric Heating Pads

ANSI/UL 858 Household Electric Ranges

ANSI/UL 969 Marking and Labeling Systems

ANSI/UL 1431 Personal Hygiene and Health Care Appliances

ANSI/UL 2157 Electric Clothes Washing Machines and Extractors

UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements for Safety

UL 6500 Audio/Video and Musical Instrument Apparatus for Household, Commercial, and Similar General Use

UL 8730-1 Electrical Controls for Household and Similar Use; Part 1: General Requirements

UL 8730-2-3 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Thermal Motor Protectors for Ballasts for Tubular Fluorescent Lamps

UL 8730-2-4 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Thermal Motor Protectors for Motor Compressors or Hermetic and Semi-Hermetic Type

UL 8730-2-8 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Electrically Operated Water Valves

Limitations

Taiwan Facility

The following limitations apply to the recognition of the Taiwan facility:

1. The Taiwan facility shall be limited to carrying out minor mechanical and electrical testing of instruments and small appliances.

2. Performance of inspections shall be limited to Entela personnel.

Conditions

Entela, Inc. must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7:

OSHA shall be allowed access to ENT's facility and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If ENT has reason to doubt the efficacy of any test standard it is using under this program, it shall promptly inform the test standard developing organization of this fact and provide that organization with appropriate relevant information upon which its concerns are based;

ENT shall not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, ENT 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;

ENT shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

ENT will continue to meet the requirements for recognition in all areas where it has been recognized; and

ENT will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Signed at Washington, D.C. this 1st day of July 1998.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 98-18426 Filed 7-9-98; 8:45 am]

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