[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