[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Notices]
[Pages 11503-11505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5790]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-3-90]
Southwest Research Institute, Renewal & Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the Agency's final decision on the
applications of Southwest Research Institute (SwRI), under 29 CFR
1910.7, for renewal of its recognition as a Nationally Recognized
Testing Laboratory (NRTL), and for an expansion of its recognition to
use additional test standards.
EFFECTIVE DATE: This recognition becomes effective on March 9, 1999,
unless modified in accordance with 29 CFR 1910.7, continues in effect
while SwRI remains recognized by OSHA as an NRTL.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical
Programs and Coordination Activities,
[[Page 11504]]
NRTL Program, Occupational Safety and Health Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW, Room N3653,
Washington, D.C. 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 Southwest Research
Institute (SwRI) as a Nationally Recognized Testing Laboratory (NRTL)
and the expansion of recognition to include the use of the additional
test standards listed below. OSHA recognizes an organization as an NRTL
and processes applications related to such recognitions following
requirements in Section 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 its final decision on an application.
When first recognized, OSHA identified the Department of Fire
Technology as the SwRI unit to which the recognition would apply. The
renewal of recognition continues 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.
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 applied for renewal of its
recognition on October 1, 1997 (see Exhibit 6A), within the time
allotted, and retained its recognition pending OSHA's final decision in
this renewal process.
SwRI submitted a request, also dated on October 1, 1997 (see
Exhibit 6B), to expand its recognition to use additional test
standards. OSHA determined that some of the standards that were
requested are not appropriate, as prescribed by 29 CFR 1910.7(c). 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. In general, OSHA's
recognition only applies to the test standards listed below.
OSHA published the required notice in the Federal Register (63 FR
63086, 11/10/98) to announce the applications. The notice included a
preliminary finding that SwRI could meet the requirements in 29 CFR
1910.7 for renewal and for expansion of its recognition, and invited
public comment on the applications by January 11, 1999. OSHA received
no comments concerning these applications. SwRI's previous application
as an NRTL covered its recognition (57 FR 30237, 7/8/92), which
OSHA granted on the date noted above.
You may obtain or review copies of all public documents pertaining
to the applications by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW, Room N2625, Washington, D.C. 20210. You should
refer to Docket No. NRTL-3-90, the permanent record of public
information on the SwRI recognition.
The current address of the testing facility (site) that OSHA
recognizes for SwRI is: Southwest Research Institute, Department of
Fire Technology, 6620 Culebra Road, Post Office Drawer 28510, San
Antonio, Texas 78228.
Final Decision and Order
The NRTL Program staff has examined the applications, the OSHA
staff findings and recommendations, including the on-site review
report, dated June 12, 1998 (see Exhibit 7) and other pertinent
documents related to the applications. Based upon this examination,
OSHA finds that SwRI Department of Fire Technology has met the
requirements of 29 CFR 1910.7 for the renewal of recognition of its San
Antonio, Texas site, and for expansion of its recognition to use
additional test standards, subject to the limitations and conditions
listed below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby
renews and expands the recognition of SwRI, subject to these
limitations and conditions. As is the case for any NRTL, SwRI's
recognition is further limited to equipment or materials (products) for
which OSHA standards require third party testing and certification
before use in the workplace.
Limitations
Renewal of NRTL Recognition
OSHA hereby renews the recognition of SwRI for testing and
certification of products to demonstrate compliance to the following 7
test standards that OSHA previously recognized for SwRI. OSHA has
determined each standard continues to meet the requirements for an
appropriate test standard prescribed in 29 CFR 1910.7(c).
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
Expansion of Recognition--Additional Test Standards
OSHA hereby expands the recognition of SwRI for testing and
certification of products to demonstrate compliance to the following 3
test standards. OSHA has determined that each standard meets the
requirements for an appropriate test standard prescribed in 29 CFR
1910.7(c).
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
Conditions
SwRI 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 SwRI's facility and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
If SwRI 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;
SwRI 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, SwRI 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;
SwRI must inform OSHA as soon as possible, in writing, of any
change of ownership or key personnel, and of any
[[Page 11505]]
major changes in its operations as an NRTL, including details;
SwRI will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition;
SwRI will continue to meet the requirements for recognition in all
areas where it has been recognized; and
SwRI 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 24th day of February 1999.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 99-5790 Filed 3-8-99; 8:45 am]
BILLING CODE 4510-26-P
