[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Notices]
[Pages 19023-19025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8775]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-97]


Applied Research Laboratories, Inc., 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 
application of Applied Research

[[Page 19024]]

Laboratories, Inc. (ARL), for expansion of its recognition as a 
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on April 10, 2000 
and, unless modified in accordance with 29 CFR 1910.7, continues in 
effect while ARL 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 expansion of recognition of Applied Research 
Laboratories, Inc. (ARL), as a Nationally Recognized Testing Laboratory 
(NRTL). ARL's expansion covers the use of the additional test standards 
and the additional programs, listed below.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Sec. 1910.7 of Title 29, Code of Federal 
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the 
organization can perform independent safety testing and certification 
of the specific products covered within its scope of recognition and is 
not a delegation or grant of government authority. As a result of 
recognition, OSHA can accept products ``properly certified'' by the 
NRTL. OSHA processes applications related to an NRTL's recognition 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish this public notice of its final 
decision on an application.
    ARL submitted a request, dated January 22, 1998 (see Exhibit 6A), 
to expand its recognition as an NRTL for 181 additional test standards. 
After performing an initial review of this request, the NRTL Program 
staff informed ARL that only 93 of the test standards met the 
requirements of an ``appropriate test standard'' set forth in 29 CFR 
1910.7. In further processing the expansion request, the staff 
performed an on-site review of ARL's testing facility on June 8-11, 
1998, and summarized the results of their evaluation in the on-site 
review report (see Exhibit 7). Following the review, ARL amended its 
application in a letter dated July 10, 1998 (see Exhibit 6B) to reduce 
the number of test standards requested to the 47 listed below. In its 
July 10 request, ARL also requested recognition for the additional 
programs.
    The NRTL Program staff temporarily withheld its consideration of 
ARL's requests pending resolution by the NRTL of discrepancies noted 
during an audit that the staff performed at ARL's facility. ARL 
responded to these discrepancies in March 1999 and, after additional 
review, the NRTL Program staff accepted resolution of the discrepancies 
in September 1999, permitting OSHA to resume processing ARL's expansion 
request.
    OSHA published the required notice in the Federal Register (64 FR 
68388, 12/7/1999) to announce ARL's expansion application. The notice 
included a preliminary finding that ARL could meet the requirements for 
expansion of its recognition, and OSHA invited public comment on the 
application by February 7, 2000. OSHA received no comments concerning 
this application.
    The most recent prior notices published by OSHA for ARL's 
recognition covered its initial recognition as an NRTL, which OSHA 
announced on August 8, 1997 (62 FR 42827), and granted on November 21, 
1997 (62 FR 62356).
    You may obtain or review copies of all public documents pertaining 
to the application 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, telephone: (202) 693-
2350. You should refer to Docket No. NRTL-1-97, the permanent record of 
public information on the ARL recognition.
    The current address of the facility (site) that OSHA recognizes for 
ARL is: Applied Research Laboratories, Inc., 5371 N.W. 161st Street, 
Miami, Florida 33014

Final Decision and Order

    The NRTL Program staff has examined the application, the on-site 
review report (see Exhibit 7), and other pertinent information. Based 
upon this examination and the staff's recommendation, OSHA finds that 
the Applied Research Laboratories, Inc., facility listed above has met 
the requirements of 29 CFR 1910.7 for expansion of its recognition to 
include the additional test standards, listed below, subject to the 
limitations and conditions listed below. Pursuant to the authority in 
29 CFR 1910.7, OSHA hereby expands the recognition of ARL, subject to 
these limitations and conditions.

Limitations

    OSHA hereby expands the recognition of ARL for testing and 
certification of products to demonstrate conformance to the following 
forty seven (47) additional test standards. However, OSHA plans to 
include certain limitations on the recognition of some standards.
    The Agency's recognition of ARL, or any NRTL, is always limited to 
equipment or materials (products) for which OSHA standards require 
third party testing and certification before use in the workplace. As a 
result, OSHA's recognition of an NRTL for a test standard excludes any 
product(s), falling within the scope of the test standard, for which 
OSHA has no such requirements. OSHA has determined that each standard 
listed below meets the requirements for an appropriate test standard 
prescribed in 29 CFR 1910.7(c).

Test Standards

\1\ ANSI/ASME A17.5  Elevators and Escalator Electrical Equipment
ANSI Z21.1  Household Cooking Gas Appliances
ANSI Z83.7  Gas-Fired Construction Heaters
ANSI Z83.12  Gas Food Service Equipment--Baking and Roasting Ovens
ANSI Z83.18  Direct Gas-Fired Industrial Air Heaters
ANSI/UL 65  Electric Wired Cabinets
ANSI/UL 67  Electric Panelboards
ANSI/UL 73  Electric-Motor-Operated Appliances
UL 104  Elevator Door Locking Devices and Contacts
ANSI/UL 174  Household Electric Storage-Tank Water Heaters
UL 181  Factory-Made Air Ducts and Air Connectors
ANSI/UL 197  Commercial Electric Cooking Appliances
ANSI/UL 231  Power Outlets
ANSI/UL 325  Door, Drapery, Gate, Louver and Window Operator and 
Systems
UL 416  Refrigerated Medical Equipment
ANSI/UL 471  Commercial Refrigerators and Freezers
ANSI/UL 474  Dehumidifiers
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 555  Fire Dampers (previously Fire Dampers and Ceiling Dampers)
ANSI/UL 563  Ice Makers

[[Page 19025]]

UL 664  Commercial (Class IV) Electric Dry-Cleaning Machines
ANSI/UL 676  Underwater Lighting Fixtures
ANSI/UL 710  Exhaust Hoods for Commercial Cooking Equipment
UL 733  Oil-Fired Air Heaters and Direct-Fired Heaters
ANSI/UL 749  Household Electric Dishwashers
ANSI/UL 778  Motor-Operated Water Pumps
UL 795  Commercial-Industrial Gas-Heating Equipment
ANSI/UL 834  Heating, Water Supply, and Power Boilers--Electric
ANSI/UL 845  Motor Control Centers
ANSI/UL 935  Fluorescent-Lamp Ballasts
\2\ANSI/UL 1004  Electric Motors
ANSI/UL 1026  Electric Household Cooking and Food-Serving Appliances
ANSI/UL 1029  High-Intensity Discharge Lamp Ballasts
ANSI/UL 1081  Electric Swimming Pool Pumps, Filters and Chlorinators
\3\ANSI/UL 1262  Laboratory Equipment
ANSI/UL 1450  Motor-Operated Air Compressors, Vacuum Pumps and Painting 
Equipment
ANSI/UL 1570  Fluorescent Lighting Fixtures
ANSI/UL 1571  Incandescent Lighting Fixtures
ANSI/UL 1572  High Intensity Discharge Lighting Fixtures
ANSI/UL 1585  Class 2 and Class 3 Transformers
ANSI/UL 1996  Duct Heaters
UL 2021  Fixed and Location-Dedicated Electric Room Heaters
ANSI/UL 2157  Electric Clothes Washing Machines and Extractors
ANSI/UL 2158  Electric Clothes Dryers
    \1\Recognition under ANSI/ASME A17.5 is limited to cab construction 
and associated electrical equipment.

    \2\ Recognition under ANSI/UL 1004 is limited to 10HP maximum 
electric motors.
    \3\ Recognition under ANSI/UL 1262 is limited to sample 
processing equipment.

    The designations and titles of the above test standards were 
current at the time of the preparation of the preliminary notice, which 
announced ARL's application for expansion.

Programs and Procedures

    OSHA is granting the request by ARL to use the two (2) supplemental 
programs, listed below, based upon the criteria detailed in the March 
9, 1995 Federal Register notice (60 FR 12980, 3/9/95). This notice 
lists nine (9) programs and procedures (collectively, programs), eight 
of which an NRTL may use to control and audit, but not actually to 
generate, the data relied upon for product certification. An NRTL's 
initial recognition will always include the first or basic program, 
which requires that all product testing and evaluation be performed in-
house by the NRTL that will certify the product. For ARL, the initial 
recognition also included use of Program 4 (Acceptance of witnessed 
testing data). The on-site review report indicates that ARL meets the 
criteria for use of the following additional supplemental programs:

Program 2: Acceptance of testing data from independent organizations, 
other than NRTLs.
Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.

    OSHA developed the program descriptions to limit how an NRTL may 
perform certain aspects of its work and to permit the activities 
covered under a program only when the NRTL meets certain criteria. In 
this sense, they are special conditions that the Agency places on an 
NRTL's recognition. OSHA does not consider these programs in 
determining whether an NRTL meets the requirements for recognition 
under 29 CFR 1910.7. However, OSHA does treat these programs as one of 
the three elements that defines an NRTL's scope of recognition.
    Under Appendix A to 1910.7, the Agency has no obligation to provide 
notice of recognition for these programs. However, The NRTL Program 
staff has typically included such recognition in a notice when the NRTL 
has requested it in conjunction with a regular application. When 
processing an NRTL's request solely to use one or more supplemental 
programs, the NRTL Program staff informs the NRTL of the decision to 
grant or deny the request by letter only. If granted, the staff 
includes the additional program(s) in OSHA's web page for each NRTL.

Conditions

    Applied Research Laboratories, Inc., 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 ARL's facilities and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If ARL has reason to doubt the efficacy of any test standard it is 
using under this program, it must promptly inform the organization that 
developed the test standard of this fact and provide that organization 
with appropriate relevant information upon which its concerns are 
based;
    ARL 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, ARL 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;
    ARL must inform OSHA as soon as possible, in writing, of any change 
of ownership, facilities, or key personnel, and of any major changes in 
its operations as an NRTL, including details;
    ARL will continue to meet all the terms of its recognition and will 
always comply with all OSHA policies pertaining to this recognition;
    ARL will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    ARL 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 3rd day of April, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-8775 Filed 4-7-00; 8:45 am]
BILLING CODE 4510-26-P