[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Notices]
[Pages 63086-63087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30114]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-3-90]
Southwest Research Institute, Applications for Renewal and
Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice announces the applications of Southwest Research
Institute for renewal and for expansion of its recognition as a
Nationally Recognized Testing Laboratory under 29 CFR 1910.7, and
presents the Agency's preliminary finding. This preliminary finding
does not constitute an interim or temporary approval of these
applications.
DATES: Comments submitted by interested parties must be received no
later than January 11, 1999.
ADDRESSES: Send comments concerning this notice to: Office of Technical
Programs and Coordination Activities, NRTL Program, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW, Room N3653, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical
Programs and Coordination Activities, NRTL Program, at the above
address, or phone (202) 219-7056.
SUPPLEMENTARY INFORMATION:
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that Southwest Research Institute (SwRI) has applied for
renewal and for expansion of its current recognition as a Nationally
Recognized Testing Laboratory (NRTL). SwRI's expansion request covers
the use of additional test standards. OSHA recognizes an organization
as an NRTL, and processes applications related to such recognitions,
following requirements in Sec. 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Appendix A to this section requires that
OSHA publish this public notice of the preliminary finding on an
application.
When first recognized, OSHA identified the Department of Fire
Technology as the SwRI unit to which the recognition would, and still
does, apply. The renewal and expansion will continue to apply primarily
to this part of SwRI, although part of the recognition, such as the
requirement for independence, applies to SwRI as a whole.
[[Page 63087]]
SwRI's previous application as an NRTL covered its recognition as
an NRTL (57 FR 30237, July 8, 1992), which OSHA granted on the date
noted below.
The current address of the SwRI testing facility already recognized
by OSHA is: Southwest Research Institute, Department of Fire
Technology, 6620 Culebra Road, Post Office Drawer 28510, San Antonio,
Texas 78228.
General Background on the Applicant and Applications
According to publicly available information, SwRI is an
``independent, nonprofit, applied engineering and physical sciences
research and development organization * * *'' In addition, SwRI has
``12 technical divisions,'' one of which is the Chemistry and Chemical
Engineering Division. This division includes the Department of Fire
Technology.
SwRI has submitted a request for renewal of its recognition, dated
October 1, 1997 (see Exhibit 6A). SWRI received its recognition as an
NRTL on July 13, 1993 (58 FR 37752), for a period of five years ending
July 13, 1998. 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. SwRI has
submitted its request within the time allotted, and retains its
recognition pending OSHA's final decision in this renewal process.
SwRI has also submitted a request, dated October 1, 1997 (see
Exhibit 6B) to expand its recognition for additional test standards.
However, OSHA has determined that some of the standards that were
requested are not appropriate, as prescribed by 29 CFR 1910.7(c).
Therefore, OSHA does not intend to include these standards for
recognition.
Renewal of Recognition
SwRI seeks renewal of its recognition for testing and certification
of products to demonstrate compliance to the following 7 test
standards, which OSHA has previously recognized for SwRI:
UL 10A Tin-Clad Fire Doors
ANSI/UL 10B Fire Tests of Door Assemblies
ANSI/UL 94 Tests for Flammability of Plastic Materials for Parts in
Devices and Appliances
ANSI/UL 155 Tests of Fire Resistance of Vault and File Room Doors
ANSI/UL 555 Fire Dampers
ANSI/UL 910 Test Method for Fire and Smoke Characteristics of
Electrical and Optical-Fiber Cables Used in Air Handling Spaces
ANSI/UL 1887 Fire Test of Plastic Sprinkler Pipe for Flame and Smoke
Characteristics
The designations and titles of the above test standards were
current at the time of the preparation of this notice. They may differ
from those that OSHA used in the original recognition of the test
standards published in the Federal Register. In addition, OSHA had
recognized SwRI for ASTM E152 but the standards organization has since
withdrawn this standard. As a result, this standard is not included in
SwRI's renewal. The standards organization has indicated that it is
working on a replacement standard.
Expansion of Recognition--Additional Test Standards
SwRI seeks recognition for testing and certification of products to
demonstrate compliance to the following 3 test standards, and OSHA has
determined the standards are appropriate, as prescribed by 29 CFR
1910.7(c). OSHA recognition of any NRTL for a particular test standard
is limited to products for which OSHA standards require third party
testing and certification before use in the workplace.
UL 162 Foam Equipment and Liquid Concentrates
ANSI/UL 711 Rating and Fire Testing of Fire Extinguishers
UL 2085 Insulated Aboveground Tanks for Flammable and Combustible
Liquids
Preliminary Finding on the Applications
SwRI has submitted acceptable requests for renewal and expansion of
its recognition as an NRTL. In connection with the requests, OSHA has
performed an on-site review of the SwRI facility in San Antonio, Texas,
on March 30-April 2, 1998. The review focused on the testing and
certification activities performed by the Department of Fire Technology
in its capacity as an NRTL. Discrepancies noted by the auditor during
the on-site review were addressed by SwRI following the on-site
evaluation and are included in the on-site review report (see Exhibit
7).
Following a review of the application file, the on-site review
report, and other pertinent documents, the NRTL Program staff has
concluded that OSHA can grant to the SwRI Department of Fire Technology
facility in San Antonio, Texas: (1) The renewal of recognition for the
test standards noted above, and (2) the expansion to use the additional
3 test standards. The staff therefore recommended to the Assistant
Secretary that the applications be preliminarily approved.
Based upon the recommendation of the staff, the Assistant Secretary
has made a preliminary finding that the SwRI Department of Fire
Technology San Antonio, Texas can meet the recognition requirements, as
prescribed by 29 CFR 1910.7, for the renewal and the expansion of
recognition. This preliminary finding does not constitute an interim or
temporary approval of the applications.
OSHA welcomes public comments, in sufficient detail, as to whether
SwRI has met the requirements of 29 CFR 1910.7 for the renewal and
expansion of its recognition as a Nationally Recognized Testing
Laboratory. Your comment must consist of pertinent written documents
and exhibits. To consider it, OSHA must receive the comment at the
address provided above (see ADDRESS), no later than the last date for
comments (see DATES above). You may obtain or review copies of SwRI's
requests, the on-site review report, and all submitted comments, as
received, by contacting the Docket Office, Room N2625, Occupational
Safety and Health Administration, U.S. Department of Labor, at the
above address. You should refer to Docket No. NRTL-3-90, the permanent
record of public information on SwRI's recognition.
The NRTL Program staff will review all timely comments, and after
resolution of issues raised by these comments, will recommend whether
to grant SwRI's renewal and expansion requests. The Assistant Secretary
will make the final decision on granting the renewal and expansion, and
in making this decision, may undertake other proceedings that are
prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public
notice of this final decision in the Federal Register.
Signed at Washington, DC, this 28th day of October, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-30114 Filed 11-9-98; 8:45 am]
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