[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Pages 70366-70367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29845]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-90]


Southwest Research Institute, 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 Southwest Research Institute (SwRI) for expansion of its 
recognition as a Nationally Recognized Testing Laboratory (NRTL) under 
29 CFR 1910.7.

EFFECTIVE DATES: This recognition becomes effective on November 22, 
2000 and, 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, NRTL Program, Room N3653 at the 
above address, 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 Southwest Research 
Institute (SwRI) 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 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. OSHA 
will no longer identify solely this department for purposes of 
recognition since other organizational units of SwRI participate in its 
NRTL-related activities.
    SwRI 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.
    OSHA published the required notice in the Federal Register (65 FR 
46078, 07/26/2000) to announce the SwRI expansion request. The notice 
included a preliminary finding that SwRI could meet the requirements 
for expansion of its recognition, and OSHA invited public comment on 
the application by September 25, 2000. OSHA received no comments 
concerning this application.
    In processing SwRI's request, OSHA did perform an on-site review of 
SwRI's NRTL testing 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.
    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).
    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-3-90, the permanent records 
of public information on the SwRI recognition.
    The current address of the SwRI facility (site) that OSHA 
recognizes for SwRI is: Southwest Research Institute, 6620 Culebra 
Road, Post Office Drawer 28510, San Antonio, Texas 78228.

Final Decision and Order

    The NRTL Program staff has examined the application and other 
pertinent information. Based upon this examination and the assessor's 
recommendation, OSHA finds that SwRI has met the requirements of 29 CFR 
1910.7 for expansion of its recognition to include the additional test 
standard, 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 SwRI, subject to these limitations and 
conditions.

Limitations

    OSHA hereby expands the recognition of SwRI for testing and 
certification of products to demonstrate conformance to the following 
additional test standard: UL 1950 Technology Equipment Including 
Electrical Business Equipment. OSHA has determined that this test 
standard meets the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).
    The Agency's recognition of SwRI, or any NRTL, for a particular 
test standard 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.
    The above test standard is approved as an American National 
Standard by the American National Standards Institute (ANSI). However, 
for convenience, we use the designation of the standards developing 
organization (e.g., UL 22) for the standard, as opposed to the ANSI 
designation (e.g., ANSI/UL 22). Under our procedures, an NRTL 
recognized for an ANSI approved 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 the ANSI web site to find 
out whether or not a standard is currently ANSI approved.
    The above standard had not been withdrawn by the standards 
developing organization (SDO) at the time of the preparation of the 
notice of preliminary finding.

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 the SwRI facilities and records for 
purposes of ascertaining continuing compliance

[[Page 70367]]

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 organization that 
developed the test standard 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, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details;
    SwRI will continue to 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, DC, this 3rd day of November, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-29845 Filed 11-21-00; 8:45 am]
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