[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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