94-237. Wyle Laboratories; Application  

  • [Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
    [Notices]
    [Pages 783-785]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-237]
    
    
    [[Page Unknown]]
    
    [Federal Register: January 6, 1994]
    
    
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    DEPARTMENT OF LABOR
    Occupational Safety and Health Administration
    [Docket No. NRTL-1-93]
    
     
    
    Wyle Laboratories; Application
    
    AGENCY: Occupational Safety and Health Administration, Department of 
    Labor.
    
    ACTION: Notice of application for recognition as a Nationally 
    Recognized Testing Laboratory, and preliminary finding.
    
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    SUMMARY: This notice announces the application of Wyle Laboratories for 
    recognition as a Nationally Recognized Testing Laboratory (NRTL) under 
    29 CFR 1910.7, and presents the Agency's preliminary finding.
    
    DATES: The last date for interested parties to submit comments is March 
    7, 1994.
    
    ADDRESSES: Send comments to: NRTL Recognition Program, Office of 
    Variance Determination, Occupational Safety and Health Administration, 
    U.S. Department of Labor, Third Street and Constitution Avenue, NW., 
    Room N3653, Washington, DC 20210.
    
    FOR FURTHER INFORMATION CONTACT:
    Office of Variance Determination, NRTL Recognition Program, 
    Occupational Safety and Health Administration, U.S. Department of 
    Labor, Third Street and Constitution Avenue, NW., Room N3653, 
    Washington, DC 20210.
    
    SUPPLEMENTARY INFORMATION:
    
    Notice of Application
    
        Notice is hereby given that Wyle Laboratories (WL) has made 
    application pursuant to section 6(b) of the Occupational Safety and 
    Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of 
    Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7 for recognition 
    as a Nationally Recognized Testing Laboratory.
        The address of the laboratory covered by this application is: Wyle 
    Laboratories, 7800 Governors Drive, P.O. Box 077777, Huntsville, 
    Alabama 35807.
        Regarding the merits of the application, the applicant contends 
    that it meets the requirements of 29 CFR 1910.7 for recognition to 
    certify products in the areas of testing which it has specified.
        Wyle Laboratories states that its application demonstrates that for 
    each specified item of equipment or material to be certified, it has 
    the capability (including proper testing equipment and facilities, 
    trained staff, written testing procedures, quality control and 
    calibration programs) to perform testing and examination of equipment 
    and materials for workplace safety purposes to determine conformance 
    with appropriate product test standards. In summary, it claims that it 
    has the experience, expertise, personnel, organization, equipment, and 
    facilities suitable for accreditation as an OSHA Nationally Recognized 
    Testing Laboratory.
        The Calibration Laboratory maintains, repairs, and calibrates more 
    than 7400 pieces of test equipment. Test equipment is available in the 
    laboratory to perform the testing specified in the standard. If 
    equipment is not available, it may be purchased, rented, or leased only 
    under specified, stringent conditions.
        The applicant states that it has pertinent testing and 
    certification experience. The Huntsville facility has been conducting 
    testing related to product safety for over 30 years. Since the 
    commercial product safety market has only recently become available, 
    WL's experience has been in other markets including telecommunications. 
    The applicant states the WL has tested equipment to standards which 
    compare with UL standards for which they are requesting accreditation 
    to test and certify as an NRTL. In addition, Wyle has had experience in 
    the certification of products (although not necessarily related to 
    those required by OSHA), having been a certified Department of 
    Transportation (DOT) Third Party Testing Laboratory since July, 1985. 
    (See Exhibit 2.A.(1), Section 6).
        WL's Huntsville facility employs some 350 people and has about 
    320,000 square feet of engineering and test facilities situated on 126 
    acres. The floor space of the Product Safety Testing and Certification 
    Laboratory including the storage and office area, is 2,700 square feet. 
    Some twenty key personnel are presently assigned to this Division 
    including Calibration Laboratory and Quality staff. Product safety 
    testing has been allocated 1,500 square feet of floor space. If 
    additional floor space is necessary for product testing, WL can expand 
    into the 320,000 square feet that is available at this facility. (See 
    Exhibits 3.A.(1) and 2.A.(2), Appendices II and III, and IV).
        WL has written testing procedures and has supplied examples of 
    typical procedures for five of the test standards for which it has 
    applied for NRTL recognition. (See Exhibit 2.A.(2), Appendix VI).
        Wyle Laboratories states that all instrumentation, measuring, and 
    test equipment used in the performance of the testing programs are 
    calibrated in accordance with Wyle Laboratories' Quality Assurance 
    Program. Standards used in performing all calibrations are traceable to 
    the National Institute of Standards and Technology (NIST) by report 
    number and date. Where no national standards exist, the standards are 
    traceable to international standards or the basis for calibration is 
    otherwise documented. (See Exhibit 2.A.(1), Section 10, and Exhibit 
    2.A.(2), Appendix VIII, Section 12, and Appendix XII).
        WL has submitted an unrestricted copy of its Quality Assurance 
    Program Manual (Exhibit 2.A.(2), Appendix VIII) which describes the 
    overall Quality Assurance Program used at WL's Huntsville facility. The 
    Manual includes various control procedures.
        Wyle Laboratories states that it will implement control procedures 
    for identifying products which have been certified. It will maintain a 
    controlled and secure file for each product tested. This file will 
    contain the technical and business records of the test program, 
    including the services agreement, test results, correspondence, 
    transmittals, the Factory Inspection Reports, and the product 
    documentation. (See Exhibit 2.A.(1), Section 7).
        The applicant further states that products bearing the Wyle label 
    will be considered evaluated, certified, and listed by Wyle. It will 
    certify that these products are in compliance with the applicable 
    safety standards to which they were tested. Wyle will thereafter have 
    unannounced and unrestricted access to conduct inspections at 
    approximately three-month intervals at manufacturing and other 
    facilities where products certified by them may be fabricated, 
    processed, or stored. Wyle will conduct field inspections to monitor 
    and assure proper use of its certification label after the products are 
    delivered to the end user. (See Exhibit 2.A(1), Sections 5 and 9, and 
    Exhibit 2.A.(2), Appendix XI).
        WL states that its Product Safety Certification activities are 
    performed completely independent of its clients. No Wyle clients have 
    ownership positions in Wyle or have any sort of influence on WL's 
    activities. No WL employees are under the influence or control of 
    manufacturers or suppliers. (See Exhibits 2.A; 2.A.(1), Section 3; and 
    Exhibits 2.A.(2), Appendix I).
        The applicant appears to maintain effective procedures for 
    producing creditable findings or reports that are objective and without 
    bias. (See Exhibit 2.A.(2), Appendices IV and VIII).
        Wyle asserts that its Appeals Procedure (see Exhibit 2.A.(2), 
    Appendix X) includes a system which provides an unbiased review of any 
    controversial matter. The Appeals Procedure is available for any 
    interested party, including users.
        All other pertinent aspects of Wyle Laboratories' program are 
    detailed in Exhibited 2.A and 3.A.
    
    Background
    
        The applicant states that Wyle Laboratories was founded in 1949 in 
    El Segundo, California, as an independent test laboratory to support 
    the nation's fledgling aerospace industry. As manned spaceflight became 
    a national priority and support of spaceflight development was 
    required, Wyle expanded to a new location in Norco, California, which 
    was dedicated in 1959. To complement the propellent and vibration 
    testing capabilities of the California locations, Wyle states that it 
    created the Huntsville facility in 1962 to support the National 
    Aeronautics and Space Administration (NASA) and the establishment of 
    the George C. Marshall Space Flight Center (MSFC) in Huntsville, 
    Alabama, with testing, engineering, and research capabilities. Of the 
    three major operations at the Huntsville facility, the one of interest 
    to the NRTL Accreditation program is the Test Operations Division, 
    which includes the Product Safety Department. The Product Safety 
    Testing and Certification Division of the Test Operations Division is 
    responsible for the testing, certification, and factory follow-up 
    inspections of the products.
        The applicant states that over its 42 year history, Wyle 
    Laboratories--Scientific & Systems (3S) Group has expended and 
    diversified into various business disciplines. At the same time, the 
    applicant states that the Company has continuously maintained its 
    independent laboratory status as a major provider of conformity 
    assessment services to North America's most quality-conscious 
    industries. Wyle's focus continues to be on the science of evaluation, 
    test and measurement engineering, as well as the business of regulatory 
    compliance.
        Wyle Laboratories desires recognition for testing and certification 
    of products when tested for compliance with the following test 
    standards:
    
    ANSI/UL 153--Portable Electric Lamps
    ANSI/UL 187--X-Ray Equipment
    ANSI/UL 465--Central Cooling Air Conditioners
    ANSI/UL 484--Room Air Conditioners
    ANSI/UL 489--Molded-Case Circuit Breakers and Circuit-Breaker 
    Enclosures
    ANSI/UL 499--Electric Heating Appliances
    ANSI/UL 506--Specialty Transformers
    ANSI/UL 508--Electric Industrial Control Equipment
    UL 544--Electric Medical and Dental Equipment
    ANSI/UL 1012--Power Supplies
    ANSI/UL 1025--Electric Air Heaters
    ANSI/UL 1069--Hospital Signaling and Nursing Call Equipment
    ANSI/UL 1087--Molded-Case Switches
    ANSI/UL 1236--Electric Battery Chargers
    UL 1244--Electrical and Electronic Measuring and Testing Equipment
    ANSI/UL 1262--Laboratory Equipment
    ANSI/UL 1310--Direct Plug-In Transformer Units
    ANSI/UL 1411--Transformers and Motor Transformer for Use in   Audio-, 
    Radio-, and Television-Type Appliances
    ANSI/UL 1459--Telephone Equipment
    ANSI/UL 1570--Fluorescent Lighting Fixtures
    ANSI/UL 1571--Incandescent Lighting Fixtures
    ANSI/UL 1585--Class 2 and Class 3 Transformers
    ANSI/UL 1778--Uninterruptible Power Supply
    UL 1863--Communication Circuit Accessories
    ANSI/UL 1950--Information Technology Equipment Including Electrical 
    Business Equipment
    
    Preliminary Finding
    
        Wyle Laboratories addressed all of the criteria which must be met 
    for recognition as an NRTL in its initial application and in its 
    further correspondence. For example, the applicant submitted a list of 
    its test equipment and instrumentation; a roster of its personnel 
    including resumes of those in key positions and copies of position 
    descriptions; copies of a typical test report; a factory inspection 
    form and an inspection summary; a summary of its listing, labeling, and 
    follow-up services; a statement of its independence as a testing 
    laboratory; appeals procedure; typical calibration forms; and a copy of 
    its Quality Assurance Manual. This QA Manual includes a description of 
    its document control; identification and control of materials, parts, 
    and components; inspection; test control; control of measuring and test 
    equipment; inspection, test, and operating status; quality assurance 
    records; and audits.
        Nine major areas were examined in depth during the on-site 
    laboratory evaluation: Facility; test equipment; calibration program; 
    test and evaluation procedures; test reports; records; quality 
    assurance program; follow-up listing program; and personnel.
        The discrepancies noted during the on-site evaluation were 
    adequately responded to [Ex. 3.A.(2)] prior to the preparation of the 
    final on-site evaluation [Ex. 3. A.(1)]. With the preparation of the 
    final report, the survey team was satisfied that the testing facility 
    appeared to meet the necessary criteria required by the standard, and 
    so noted in the On-Site Review Report (Survey). (See Ex. 3.A.)
        Following a review of the application file and the on-site survey 
    report of the WL facility, the NRTL Recognition Program staff concluded 
    that the applicant appeared to have met the requirements for 
    recognition as a Nationally Recognized Testing Laboratory and, 
    therefore, recommended to the Assistant Secretary that the application 
    be preliminarily approved.
        Based upon a review of the completed application file and the 
    recommendation of the staff, the Assistant Secretary has made a 
    preliminary finding that Wyle Laboratories can meet the requirements 
    for recognition as required by 29 CFR 1910.7.
        All interested members of the public are invited to supply detailed 
    reasons and evidence supporting or challenging the sufficiency of the 
    applicant's having met the requirements for recognition as a Nationally 
    Recognized Testing Laboratory, as well as Appendix A, of 29 CFR 1910.7. 
    Submission of pertinent written documents and exhibits shall be made no 
    later than March 7, 1994 and must be addressed to the NRTL Recognition 
    Program, Office of Variance Determination, Room N 3653, Occupational 
    Safety and Health Administration, U.S. Department of Labor, Third 
    Street and Constitution Avenue, NW., Washington, DC 20210. Copies of 
    the WL application, the laboratory survey report, and all submitted 
    comments, as received, (Docket No. NRTL-1-93), are available for 
    inspection and duplication at the Docket Office, room N 2634, 
    Occupational Safety and Health Administration, U.S. Department of 
    Labor, at the above address.
        The Assistant Secretary's final decision on whether the applicant 
    satisfies the requirements for recognition as an NRTL will be made on 
    the basis of the entire record including the public submissions and any 
    further proceedings that the Assistant Secretary may consider 
    appropriate in accordance with Appendix A of Sec. 1910.7.
    
        Signed at Washington, DC this 30th day of December, 1993.
    Joseph A. Dear,
    Assistant Secretary.
    [FR Doc. 94-237 Filed 1-5-94; 8:45 am]
    BILLING CODE 4510-26-M
    
    
    

Document Information

Published:
01/06/1994
Department:
Occupational Safety and Health Administration
Entry Type:
Notice
Action:
Notice of application for recognition as a Nationally Recognized Testing Laboratory, and preliminary finding.
Document Number:
94-237
Dates:
The last date for interested parties to submit comments is March 7, 1994.
Pages:
783-785 (3 pages)
Docket Numbers:
Federal Register: January 6, 1994, Docket No. NRTL-1-93