Notice: Application For Expansion of Recognition: TUV America, Inc.

Federal Register / Vol. 73, No.
26 / Thursday, February 7, 2008 / Notices 7325
certification of products for misrepresentation of the scope or Federal eRulemaking Portal. Follow the
demonstration of conformance to the conditions of its recognition. As part of instructions online for making
following test standards, each of which this condition, SGSUS agrees that it will electronic submissions.
OSHA has determined is an appropriate allow no representation that it is either Fax: If your submissions, including
test standard, within the meaning of 29 a recognized or an accredited Nationally attachments, are not longer than 10
CFR 1910.7(c): Recognized Testing Laboratory (NRTL) pages, you may fax them to the OSHA
UL 62 Flexible Cords and Cables without clearly indicating the specific Docket Office at (202) 693–1648.
UL 355 Cord Reels equipment or material to which this Mail, hand delivery, express mail,
UL 498 Attachment Plugs and recognition is tied, or that its messenger, or courier service: You must
Receptacles recognition is limited to certain submit three copies of your comments
UL 498A Current Taps and Adapters products; and attachments to the OSHA Docket
UL 817 Cord Sets and Power-Supply SGSUS must inform OSHA as soon as Office, Docket No. OSHA–2007–0043
Cords possible, in writing, of any change of (formerly, NRTL2–2001), U.S.
UL 1363 Relocatable Power Taps ownership, facilities, or key personnel, Department of Labor, Room N–2625,
UL 1581 Electrical Wires, Cables, and and of any major changes in its 200 Constitution Avenue, NW.,
Flexible Cords operations as an NRTL, including Washington, DC 20210. Deliveries
The designations and titles of the details; (hand, express mail, messenger and
above test standards were current at the SGSUS will meet all the terms of its courier service) are accepted during the
time of the preparation of this final recognition and will always comply Department of Labor’s and Docket
notice. with all OSHA policies pertaining to Office’s normal business hours, 8:15
OSHA’s recognition of SGSUS, or any this recognition; and a.m.–4:45 p.m., e.t.
NRTL, for a particular test standard is SGSUS will continue to meet the Instructions: All submissions must
limited to equipment or materials (i.e., requirements for recognition in all areas include the Agency name and the OSHA
products) for which OSHA standards where it has been recognized. docket number for this notice (OSHA
require third-party testing and Docket No. OSHA–2007–0043).
Signed at Washington, DC, this 30th day of Submissions, including any personal
certification before use in the
January, 2008. information you provide, are placed in
workplace. Consequently, if a test
Edwin G. Foulke, Jr., the public docket without change and
standard also covers any product(s) for
which OSHA does not require such Assistant Secretary for Occupational Safety may be made available online at http://
and Health. www.regulations.gov.
testing and certification, an NRTL’s
scope of recognition does not include [FR Doc. E8–2199 Filed 2–6–08; 8:45 am] Docket: To read or download
that product(s). BILLING CODE 4510–26–P submissions or other material in the
A test standard listed above may be docket, go to http://www.regulations.gov
approved as an American National or the OSHA Docket Office at the
Standard by the American National DEPARTMENT OF LABOR address above. All documents in the
Standards Institute (ANSI). However, for docket are listed in the http://
Occupational Safety and Health www.regulations.gov index, however,
convenience, we use the designation of
Administration some information (e.g., copyrighted
the standards developing organization
for the standard as opposed to the ANSI [Docket No. OSHA–2007–0043] material) is not publicly available to
designation. Under our procedures, any read or download through the Web site.
NRTL recognized for an ANSI-approved TUV America, Inc.; Application for All submissions, including copyrighted
test standard may use either the latest Expansion of Recognition material, are available for inspection
proprietary version of the test standard and copying at the OSHA Docket Office.
AGENCY: Occupational Safety and Health Extension of Comment Period: Submit
or the latest ANSI version of that Administration (OSHA), Labor.
standard. You may contact ANSI to find requests for extensions concerning this
ACTION: Notice. notice to the Office of Technical
out whether or not a test standard is
currently ANSI-approved. Programs and Coordination Activities,
SUMMARY: This notice announces the NRTL Program, Occupational Safety and
Conditions application of TUV America, Inc., Health Administration, U.S. Department
(TUVAM) for expansion of its of Labor, 200 Constitution Avenue,
SGSUS must also abide by the recognition and presents the Agency’s
following conditions of the recognition, NW., Room N–3655, Washington, DC
preliminary finding to grant this 20210. Or fax to (202) 693–1644.
in addition to those already required by request. This preliminary finding does
29 CFR 1910.7: FOR FURTHER INFORMATION CONTACT:
not constitute an interim or temporary MaryAnn Garrahan, Director, Office of
OSHA must be allowed access to
approval of this application. Technical Programs and Coordination
SGSUS’s facilities and records for
purposes of ascertaining continuing DATES: You must submit information or Activities, NRTL Program, Occupational
compliance with the terms of its comments, or any request for extension Safety and Health Administration, U.S.
recognition and to investigate as OSHA of the time to comment, by the Department of Labor, 200 Constitution
deems necessary; following dates: Avenue, NW., Room N3655,
If SGSUS has reason to doubt the • Hard copy: postmarked or sent by Washington, DC 20210, or phone (202)
efficacy of any test standard it is using February 22, 2008. 693–2110. Our Web page includes
under this program, it must promptly • Electronic transmission or information about the NRTL Program
inform the test standard developing facsimile: sent by February 22, 2008. (see http://www.osha.gov and select ‘‘N’’
organization of this fact and provide ADDRESSES: You may submit comments in the site index).
jlentini on PROD1PC65 with NOTICES
that organization with appropriate by any of the following methods: SUPPLEMENTARY INFORMATION:
relevant information upon which its Electronically: You may submit
concerns are based; comments and attachments Notice of Application
SGSUS must not engage in or permit electronically at http:// The Occupational Safety and Health
others to engage in any www.regulations.gov, which is the Administration (OSHA) hereby gives
VerDate Aug<31>2005 17:02 Feb 06, 2008 Jkt 214001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\07FEN1.SGM 07FEN1
7326 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices
notice that TUV America, Inc., notices in the Federal Register in General Background on the Application
(TUVAM) has applied for expansion of processing an application. In the first TUVAM submitted an application,
its current recognition as a Nationally notice, OSHA announces the dated October 6, 2005 (see Exhibit 11–
Recognized Testing Laboratory (NRTL). application and provides its preliminary 1), to expand its recognition to include
TUVAM’s expansion request covers the finding and, in the second notice, the 142 additional test standards. It
use of additional test standards. OSHA’s Agency provides its final decision on amended its application on February 17,
current scope of recognition for TUVAM the application. These notices set forth 2006, to add two more test standards,
may be found in the following the NRTL’s scope of recognition or and then in June 2006 and July 2007
informational Web page: http:// modifications of that scope. We further amended its application to
www.osha.gov/dts/otpca/nrtl/ maintain an informational Web page for reduce its request to 89 test standards
tuvam.html. each NRTL that details its scope of (see Exhibits 11–2 through 11–4), one of
OSHA recognition of an NRTL recognition. These pages can be which, however, has been withdrawn by
signifies that the organization has met accessed from our Web site at http:// the standards developing organization.
the legal requirements in Section 1910.7 www.osha.gov/dts/otpca/nrtl/ Thus, TUVAM’s request includes 88
of Title 29, Code of Federal Regulations index.html. standards. The NRTL Program staff has
(29 CFR 1910.7). Recognition is an determined that each of the remaining
The most recent application
acknowledgment that the organization standards is an ‘‘appropriate test
can perform independent safety testing processed by OSHA specifically related
to TUVAM’s recognition granted an standard’’ within the meaning of 29 CFR
and certification of the specific products 1910.7(c). In connection with this
covered within its scope of recognition expansion, and the final notice for this
request, NRTL Program assessment staff
and is not a delegation or grant of expansion was published on August 30,
performed an on-site review of
government authority. As a result of 2005 (70 FR 51373).
TUVAM’s Massachusetts testing facility
recognition, employers may use The current addresses of the TUVAM and recommended that TUVAM’s
products properly approved by the facilities already recognized by OSHA recognition be expanded to include the
NRTL to meet OSHA standards that are: TUV Product Services (TUVAM), 5 additional test standards listed below
require testing and certification. Cherry Hill Drive, Danvers, MA 01923; (see Exhibit 11–5). As a result, the
The Agency processes applications by TUV Product Services (TUVAM), 10040 Agency would approve the 88 test
an NRTL for initial recognition or for Mesa Rim Road, San Diego, CA 92121; standards for the expansion.
expansion or renewal of this recognition and TUV Product Services (TUVAM), TUVAM seeks recognition for testing
following requirements in Appendix A 1775 Old Highway 8, NW., Suite 104, and certification of products for
to 29 CFR 1910.7. This appendix New Brighton (Minneapolis), MN demonstration of conformance to the
requires that the Agency publish two 55112. following test standards:
UL 48 ......................... Electric Signs.

UL 69 ......................... Electric-Fence Controllers.
UL 82 ......................... Electric Gardening Appliances.
UL 201 ....................... Garage Equipment.
UL 325 ....................... Door, Drapery, Gate, Louver, and Window Operators and Systems.
UL 399 ....................... Drinking-Water Coolers.
UL 474 ....................... Dehumidifiers.
UL 482 ....................... Portable Sun/Heat Lamps.
UL 497A .................... Secondary Protectors for Communication Circuits.
UL 506 ....................... Specialty Transformers.
UL 561 ....................... Floor-Finishing Machines.
UL 563 ....................... Ice Makers.
UL 588 ....................... Seasonal and Holiday Decorative Products.
UL 676 ....................... Underwater Luminaires and Submersible Junction Boxes.
UL 696 ....................... Electric Toys.
UL 697 ....................... Toy Transformers.
UL 745–1 ................... Portable Electric Tools.
UL 745–2–1 ............... Particular Requirements for 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 749 ....................... Household Dishwashers.
UL 775 ....................... Graphic Arts Equipment.
Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 7327
UL 778 ....................... Motor-Operated Water Pumps.

UL 826 ....................... Household Electric Clocks.
UL 858 ....................... Household Electric Ranges.
UL 859 ....................... Household Electric Personal Grooming Appliances.
UL 867 ....................... Electrostatic Air Cleaners.
UL 875 ....................... Electric Dry-Bath Heaters.
UL 921 ....................... Commercial Dishwashers.
UL 935 ....................... Fluorescent-Lamp Ballasts.
UL 969 ....................... Marking and Labeling Systems.
UL 977 ....................... Fused Power-Circuit Devices.
UL 979 ....................... Water Treatment Appliances.
UL 984 ....................... Hermetic Refrigerant Motor-Compressors.
UL 987 ....................... Stationary and Fixed Electric Tools.
UL 1018 ..................... Electric Aquarium Equipment.
UL 1028 ..................... Hair Clipping and Shaving Appliances.
UL 1030 ..................... Sheathed Heating Elements.
UL 1086 ..................... Household Trash Compactors.
UL 1088 ..................... Temporary Lighting Strings.
UL 1097 ..................... Double Insulation Systems for Use in Electrical Equipment.
UL 1206 ..................... Electric Commercial Clothes-Washing Equipment.
UL 1230 ..................... Amateur Movie Lights.
UL 1240 ..................... Electric Commercial Clothes-Drying Equipment.
UL 1411 ..................... Transformers and Motor Transformers for Use In Audio-, Radio-, and Television-Type Appliances.
UL 1419 ..................... Professional Video and Audio Equipment.
UL 1431 ..................... Personal Hygiene and Health Care Appliances.
UL 1449 ..................... Surge Protective Devices.
UL 1484 ..................... Residential Gas Detectors.
UL 1559 ..................... Insect-Control Equipment—Electrocution Type.
UL 1561 ..................... Dry-Type General Purpose and Power Transformers.
UL 1563 ..................... Electric Spas, Equipment Assemblies, and Associated Equipment.
UL 1573 ..................... Stage and Studio Luminaires and Connector Strips.
UL 1574 ..................... Track Lighting Systems.
UL 1594 ..................... Sewing and Cutting Machines.
UL 1598 ..................... Luminaires.
UL 1741 ..................... Inverters, Converters, and Controllers and Interconnection System Equipment for Use With Distributed Energy Re-
sources.
UL 1778 ..................... Uninterruptible Power Supply Equipment.
UL 1786 ..................... Direct Plug-In Nightlights.
UL 1838 ..................... Low Voltage Landscape Lighting Systems.
UL 1963 ..................... Refrigerant Recovery/Recycling Equipment.
UL 1993 ..................... Self-Ballasted Lamps and Lamp Adapters.
UL 2044 ..................... Commercial Closed-Circuit Television Equipment.
UL 2111 ..................... Overheating Protection for Motors.
UL 2157 ..................... Electric Clothes Washing Machines and Extractors.
UL 2158 ..................... Electric Clothes Dryers.
UL 60335–2–3 ........... Household and Similar Electrical Appliances, Part 2: Particular Requirements for Electric Irons.
UL 60745–1 ............... Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements.
UL 61010A–2–020 .... Electrical Equipment for Laboratory Use; Part 2: Particular Requirements for Laboratory Centrifuges.
UL 61010A–2–061 .... Electrical Equipment for Laboratory Use; Part 2: Particular Requirements for Laboratory Atomic Spectrometers with
Thermal Atomization and Ionization.
UL 61010B–2–031 .... Electrical Equipment for Measurement, Control, and Laboratory Use; Part 2: Particular Requirements for Hand-Held
Probe Assemblies for Electrical Measurement and Test.
The designations and titles of the the standards developing organization additional test standards listed above.
above test standards were current at the for the standard as opposed to the ANSI This preliminary finding does not
time of the preparation of this notice. designation. Under our procedures, any constitute an interim or temporary
OSHA’s recognition of TUVAM, or NRTL recognized for an ANSI-approved approval of the application.
any NRTL, for a particular test standard test standard may use either the latest OSHA welcomes public comments, in
is limited to equipment or materials proprietary version of the test standard
(i.e., products) for which OSHA sufficient detail, as to whether TUVAM
or the latest ANSI version of that
standards require third-party testing and has met the requirements of 29 CFR
standard. You may contact ANSI to find
certification before use in the out whether or not a test standard is 1910.7 for expansion of its recognition
workplace. Consequently, if a test currently ANSI-approved. as a Nationally Recognized Testing
standard also covers any product(s) for Laboratory. Your comments should
which OSHA does not require such Preliminary Finding on the Application consist of pertinent written documents
testing and certification, an NRTL’s TUVAM has submitted an acceptable and exhibits. Should you need more
scope of recognition does not include request for expansion of its recognition time to comment, you must request it in
that product(s). as an NRTL. Our review of the writing, including reasons for the
A test standard listed above may also application file, the assessor’s request. OSHA must receive your
be approved as an American National recommendation, and other pertinent written request for extension at the
Standard by the American National documents indicate that TUVAM can address provided above no later than
Standards Institute (ANSI). However, for meet the requirements, as prescribed by the last date for comments. OSHA will
convenience, we use the designation of 29 CFR 1910.7, for the expansion for the limit any extension to 30 days, unless
7328 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices
the requester justifies a longer period. proprietary or security-related because of the reduced need for copies
You may obtain or review copies of information, or other information that is and reduced handling costs. A few
TUVAM’s requests, the assessor’s withheld from public disclosure will responders were concerned with e-mail
recommendation, and all submitted not be affected by this initiative. The box overloads and size limits. Such
comments, as received, by contacting NRC staff will protect the e-mail address concerns can be eventually eliminated
the Docket Office, Room N–2625, from disclosure to others for privacy as individuals and organizations
Occupational Safety and Health concerns. upgrade their electronic mail systems
Administration, U.S. Department of In order to evaluate the feasibility of and will be addressed on a case-by-case
Labor, at the above address. Docket No. electronic distribution, the staff engaged basis.
OSHA–2007–0043 (formerly, NRTL2– in a pilot program with Exelon Because the pilot program
2001) contains all materials in the Generation Company, LLC (West). The demonstrated feasibility and the
record concerning TUVAM’s pilot program began July 1, 2007, and feedback received was overwhelmingly
application. ended September 30, 2007. A Federal favorable, the NRC is taking additional
The NRTL Program staff will review Register Notice announcing the pilot steps to pursue implementation of
all timely comments and, after program was issued on June 28, 2007 electronic distribution of
resolution of issues raised by these (72 FR 35520). correspondence. Recognizing the
comments, will recommend whether to During the pilot program, the method potential to provide a more effective and
grant TUVAM’s expansion request. The used for distribution was e-mail. The e- efficient method of distributing
Assistant Secretary will make the final mail contained an electronic link to correspondence, the NRC intends to
decision on granting the expansion and, ADAMS providing direct access to the implement this initiative in 2008.
in making this decision, may undertake correspondence. In addition, addressees If you have specific comments
other proceedings that are prescribed in received an Adobe AcrobatTM (pdf) regarding this initiative, please contact
Appendix A to 29 CFR Section 1910.7. version of the correspondence. Several Mr. Russell Gibbs at 301–415–7198, or
OSHA will publish a public notice of lessons were learned from the pilot rag1@nrc.gov. Comments received
this final decision in the Federal program. For example, the use of e- within 30 days of this notice will be
Register. mails with a direct link into ADAMS considered for implementation in the
Signed at Washington, DC, this 1st day of provides an effective communication of EDI.
February, 2008. correspondence. However, it generally
takes 5 business days for a document to Dated at Rockville, Maryland, this 1st day
Edwin G. Foulke, Jr., of February 2008.
Assistant Secretary for Occupational Safety
become publicly available in ADAMS.
Unless action is taken to make the For The Nuclear Regulatory Commission.
and Health.
document publicly available sooner or Russell Gibbs,
[FR Doc. E8–2200 Filed 2–6–08; 8:45 am]
action taken to delay sending the e-mail Chief, Plant Licensing Branch III–2, Division
BILLING CODE 4510–26–P of Operating Reactor Licensing, Office of
until the document becomes publicly
available, the direct link resulted in the Nuclear Reactor Regulation.
document not being available when the [FR Doc. E8–2243 Filed 2–6–08; 8:45 am]
NUCLEAR REGULATORY e-mail was received. As another BILLING CODE 7590–01–P
COMMISSION example, some licensees and
Status of the Office of Nuclear Reactor organizations that have multiple
Regulation’s Electronic Distribution recipients on the plant mailing list have SECURITIES AND EXCHANGE
Initiative determined that it is beneficial to COMMISSION
provide one email address for the plant
[Investment Company Act Release No.
The Office of Nuclear Reactor mailing list. This allows these entities to 28140; 812–13386]
Regulation (NRR) staff at the U.S. perform additional distribution of the
Nuclear Regulatory Commission (NRC) documents through automatic PowerShares Capital Management
is implementing an electronic forwarding features of their e-mail LLC, et al.; Notice of Application
distribution initiative (EDI) that will systems. Furthermore, this allows easy
modify the method of distributing and rapid updating of changes to these February 1, 2008.
selected categories (e.g., operating additional distribution addresses AGENCY: Securities and Exchange
reactor license amendments) of without incurring the additional cost of Commission (‘‘Commission’’).
operating reactor licensing developing and approving ACTION: Notice of an application for an
correspondence. Specifically, this communications to the NRC to make order under section 6(c) of the
initiative involves replacing distribution changes to the plant mailing list. Investment Company Act of 1940
of paper copies with electronic To obtain information to enhance the (‘‘Act’’) for an exemption from sections
distribution to the plant mailing list for EDI, steps were taken to engage 2(a)(32), 5(a)(1) and 22(d) of the Act and
documents generated by NRR’s Division stakeholders. In the initial Federal rule 22c–1 under the Act, and under
of Operating Reactor Licensing. This Register notice (72 FR 35520) sections 6(c) and 17(b) of the Act for an
initiative does not affect the availability announcing the pilot program and in exemption from sections 17(a)(1) and
of official agency records in NRC’s our letter dated October 11, 2007, (a)(2) of the Act, and under section
Agencywide Documents Access and (ADAMS Accession No. ML072820307) 12(d)(1)(J) for an exemption from
Management System (ADAMS), which the NRC staff requested comments on sections 12(d)(1)(A) and (B) of the Act.
are publicly available on the NRC’s Web the EDI. The NRC staff also sent an e-
page http://www.nrc.gov. mail on October 24, 2007 (ADAMS Applicants: PowerShares Capital
When this initiative is implemented, Accession No. ML080160089) to all who Management LLC (the ‘‘Advisor’’), AER
addressees will continue to receive the participated in the pilot program to get Advisors, Inc. (‘‘AER’’), AIM
original correspondence, while those on their feedback. The comments (ADAMS Distributors, Inc. (the ‘‘Distributor’’),
the plant mailing list will receive Accession No. ML080170254) were and PowerShares Actively Managed
electronic mail (e-mail). The overwhelmingly supportive of Exchange-Traded Fund Trust (the
distribution of safeguards information, electronic distribution, generally ‘‘Trust’’).

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Federal Register / Vol. 73, No.

26 / Thursday, February 7, 2008 / Notices 7325

UL 48 ......................... Electric Signs.

UL 745–2–34 ............. Particular Requirements for Strapping Tools.

UL 778 ....................... Motor-Operated Water Pumps.

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