[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9031-9033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3440]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0041]


Southwest Research Institute; Renewal and Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision renewing and expanding the recognition 
of Southwest Research Institute (SWRI) as a Nationally Recognized 
Testing Laboratory under 29 CFR 1910.7.

DATES: The renewal and expansion of recognition become effective on 
February 28, 2007.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S.

[[Page 9032]]

Department of Labor, 200 Constitution Avenue, NW., Room N-3655, 
Washington, DC 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 and expansion of recognition of Southwest 
Research Institute (SWRI) as a Nationally Recognized Testing Laboratory 
(NRTL). SWRI's expansion covers the use of an additional test standard, 
while the SWRI renewal covers its existing scope of recognition. OSHA's 
current scope of recognition for SWRI may be found in the following 
informational Web page: http://www.osha.gov/dts/otpca/nrtl/swri.html.
    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, employers may use products properly approved by the NRTL 
to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition or for expansion or renewal of this recognition following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the Agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding and, in the second 
notice, the Agency provides its final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. We maintain an informational Web page for 
each NRTL that details its scope of recognition. These pages can be 
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    SWRI initially received OSHA recognition as an NRTL on July 13, 
1993 (58 FR 37752), for a five-year period ending on 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. NRTLs submitting requests 
within this allotted time period retain their recognition during OSHA's 
renewal process. SWRI submitted the required application and received 
its first renewal of recognition on March 9, 1999 (64 FR 11503), for 
the five-year period ending March 9, 2004. SWRI then submitted a 
request dated June 4, 2003 (see Exhibit 14), to renew its recognition 
again. This request fell within the allotted time period, and SWRI 
retained its recognition pending OSHA's final decision in the renewal 
process.
    In its June 4, 2003, application, the NRTL included an earlier 
request to expand its recognition to include three additional test 
standards, but then eliminated two of these standards from its request. 
The NRTL Program staff determined that the remaining standard is an 
``appropriate test standard'' within the meaning of 29 CFR 1910.7(c). 
Therefore, OSHA is approving this one additional test standard for the 
expansion. For the renewal, the Agency is approving the 11 test 
standards currently in SWRI's scope. In connection with the renewal, 
NRTL Program staff assessed the NRTL's facilities in April 2005 and 
recommended renewal of the SWRI recognition in a memo dated August 31, 
2005 (see Exhibit 14-1). The assessor had previously recommended 
approval of the additional standard (also see Exhibit 14-1), but the 
expansion was deferred pending SWRI's decision regarding the two 
standards it eliminated.
    The preliminary notice announcing the renewal/expansion application 
was published in the Federal Register on October 6, 2006 (71 FR 59133). 
Comments were requested by October 23, 2006, but no comments were 
received in response to this notice. OSHA is now proceeding with this 
final notice to grant SWRI's renewal/expansion application.
    The most recent application processed by OSHA specifically related 
to SWRI's recognition granted an expansion, and the final notice for 
this expansion was published on November 22, 2000 (65 FR 70366). OSHA, 
however, issued a notice modifying the scope of a number of NRTLs to 
replace or delete withdrawn test standards (70 FR 11273, March 8, 
2005). SWRI was one of those NRTLs.
    You may obtain or review copies of all public documents pertaining 
to the SWRI application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-2625, Washington, DC, 20210. Docket 
No. OSHA-2006-0041 (formerly, NRTL3-90) contains all materials in the 
record concerning SWRI's recognition.
    The current address of the SWRI facility already recognized by OSHA 
is: Southwest Research Institute, 6220 Culebra Road, Post Office Drawer 
28510, San Antonio, TX 78228.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's 
recommendations, and other pertinent information. Based upon this 
examination and the assessor's recommendations, OSHA finds that SWRI 
has met the requirements of 29 CFR 1910.7 for renewal and expansion of 
its recognition, 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.

Limitations

1. Test Standards and Site
    OSHA limits the renewal of SWRI's recognition to the one site 
listed above and to testing and certification of products for 
demonstration of conformance to the following test standards, each of 
which OSHA has determined is an appropriate test standard, within the 
meaning of 29 CFR 1910.7(c):

ASTM E2074.............................  Standard Method for Fire Tests
                                          of Door Assemblies.
UL 10A.................................  Tin-Clad Fire Doors.
UL 10B.................................  Fire Tests of Door Assemblies.
UL 94..................................  Tests for Flammability of
                                          Plastic Materials for Parts in
                                          Devices and Appliances.
UL 155.................................  Tests of Fire Resistance of
                                          Vault and File Room Doors.
UL 162.................................  Foam Equipment and Liquid
                                          Concentrates.
UL 555.................................  Fire Dampers.
UL 711.................................  Rating and Fire Testing of Fire
                                          Extinguishers.
UL 1887................................  Fire Test of Plastic Sprinkler
                                          Pipe for Visible Flame and
                                          Smoke Characteristics.
UL 2085................................  Protected Aboveground Tanks for
                                          Flammable and Combustible
                                          Liquids.
UL 60950...............................  Information Technology
                                          Equipment.
 

    Additionally, OSHA limits the expansion of SWRI's recognition to 
testing and certification of products for demonstration of conformance 
to the following test standard, which also is an appropriate test 
standard, as previously noted: UL 525 Flame Arresters.

[[Page 9033]]

    The designations and titles of all of the above test standards were 
current at the time of the preparation of the preliminary notice.
    OSHA's recognition of SWRI, or 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. Consequently, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    Many UL test standards are approved as American National Standards 
by the American National Standards Institute (ANSI). However, for 
convenience, we use the designation of the standards developing 
organization for the standard as opposed to the ANSI designation. Under 
our procedures, any 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. You may contact ANSI to find 
out whether or not a test standard is currently ANSI-approved.
2. Supplemental Programs
    The renewal is also limited to continued use by SWRI of the 
following supplemental programs, all of which are currently in its 
scope:
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.
    In developing these programs, OSHA responded to industry requests 
and allowed certain of their ongoing practices to continue but in a 
manner controlled by OSHA 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, these 
programs help to define the scope of that recognition.

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 facilities 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, facilities, or key personnel, and of any 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; and
    SWRI will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC, this 21st day of February, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. E7-3440 Filed 2-27-07; 8:45 am]
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