[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]


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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.

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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,

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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

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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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