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, 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 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]

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