[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Notices]
[Pages 46078-46079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18866]



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Part III





Department of Labor





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Occupational Safety and Health Administration



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Southwest Research Institute, Application for Expansion of Recognition; 
Notice

  Federal Register / Vol. 65, No. 144 / Wednesday, July 26, 2000 / 
Notices  

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-90]


Southwest Research Institute, Application for Expansion of 
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the application of Southwest Research 
Institute (SwRI), under 29 CFR 1910.7, for expansion of its recognition 
as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 
1910.7, and presents the Agency's preliminary finding. This preliminary 
finding does not constitute an interim or temporary approval of this 
application.

DATES: Comments submitted by interested parties must be received no 
later than September 25, 2000.

ADDRESSES: Submit written comments concerning this notice to: Docket 
Office, Docket NRTL-3-90, U.S. Department of Labor, Occupational Safety 
and Health Administration, Room N2625, 200 Constitution Avenue, N.W., 
Washington, D.C. 20210; telephone: (202) 693-2350. Commenters may 
transmit written comments of 10 pages or less in length by facsimile to 
(202) 693-1648.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program at the above 
address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that Southwest Research Institute (SwRI) has applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). SwRI's expansion request covers the use of an 
additional test standard.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Section 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 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 apply. OSHA 
would no longer identify solely this department for purposes of 
recognition since other organizational units of SwRI would participate 
in its NRTL-related activities.
    The most recent notices published by OSHA for the SwRI recognition 
covered the NRTL's renewal and expansion of recognition, which the 
Agency announced on November 10, 1998 (63 FR 63086) and granted on 
March 9, 1999 (64 FR 11503).
    The current address of the SwRI 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.

General Background on the Application

    SwRI has submitted a request, dated April 5, 2000 (see Exhibit 10), 
to expand its recognition as an NRTL for one additional test standard. 
The NRTL included adequate information in support of its request. In 
its cover letter, SwRI stated that its Electromagnetic Compatibility 
(EMCR) Section and its Environmental Testing Section would participate 
in testing products to the requested test standard.
    SwRI seeks recognition for testing and certification of products to 
demonstrate compliance to the following test standard: UL 1950 
Technology Equipment Including Electrical Business Equipment. OSHA has 
determined that the standard is appropriate within the meaning of 29 
CFR 1910.7(c). The staff makes such determinations in processing 
expansion requests from any NRTL.
    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials (i.e., products) for which OSHA 
standards require third party testing and certification before use in 
the workplace. As a result, the Agency'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.
    The above listed test standard is approved as an American National 
Standard by the American National Standards Institute (ANSI). However, 
for convenience in processing applications, we use the designation of 
the standard developing organization (e.g., UL 1950) for the standard, 
as opposed to the ANSI designation (e.g., ANSI/UL 1950). Under our 
procedures, an NRTL that is approved for a particular test standard may 
use either the latest proprietary version of the test standard or the 
latest ANSI version of that standard, regardless of whether it is 
currently recognized for the proprietary or ANSI version. Contact ANSI 
or visit the ANSI web site to find out whether or not a standard is 
currently ANSI approved.

Preliminary Finding on the Application

    SwRI has submitted an acceptable request for expansion of its 
recognition as an NRTL. In processing this request, OSHA performed an 
on-site evaluation of SwRI's NRTL testing and certification facilities. 
In a memo dated June 12, 2000 (see Exhibit 11), NRTL Program assessment 
staff recommended the expansion of SwRI's recognition to include the 
additional test standard listed above.
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA can grant to SwRI the expansion of recognition 
to use the additional test standard. The staff therefore recommended to 
the Assistant Secretary that the application be preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that Southwest Research Institute can 
meet the recognition requirements, as prescribed by 29 CFR 1910.7, for 
the expansion of recognition. This preliminary finding does not 
constitute an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
SwRI has met the requirements of 29 CFR 1910.7 for the expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
it, OSHA must receive the comment at the address provided above (see 
ADDRESSES), no later than the last date for comments (see DATES above). 
You may obtain or review copies of the SwRI request, the memo on the 
recommendation, 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 the SwRI recognition.
    The NRTL Program staff will review all timely comments and, after

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resolution of issues raised by these comments, will recommend whether 
to grant the SwRI expansion request. The Assistant Secretary will make 
the final decision on granting the expansion and, in making this 
decision, may undertake other proceedings prescribed in Appendix A to 
29 CFR Section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

    Signed at Washington, D.C. this 18th day of July, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-18866 Filed 7-25-00; 8:45 am]
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