- Publication Date:
- Publication Type:Notice
- Fed Register #:65:11804-11806
- Standard Number:
- Title:Wyle Laboratories, Inc.; Application for Renewal of Recognition.
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-1-93]
Wyle Laboratories, Inc.; Application for Renewal of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the application of Wyle Laboratories, Inc. (Wyle), for renewal 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 May 5, 2000.
ADDRESSES: Send comments concerning this notice to: 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.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical Programs and Coordination Activities, NRTL Program at the above address, or phone (202) 693-2110.
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby gives notice that Wyle Laboratories, Inc. (Wyle), has applied for renewal of its current recognition as a Nationally Recognized Test Laboratory (NRTL). Wyle requests renewal for its existing scope of recognition.
OSHA recognition of an NRTL signifies that the organization has meet the legal requirements in § 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Recognition is an acknowledgement 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.
The most recent notices published by OSHA for Wyle's recognition covered an expansion of recognition for additional test standards and programs, which OSHA announced on July 12, 1996 (61 FR 36764) and granted on November 20, 1996 (61 FR 59115). The only other notices that OSHA has published for Wyle covered its initial recognition, which OSHA announced on January 6, 1994 (59 FR 783) and granted on July 22, 1994 (59 FR 37509). The renewal would incorporate all recognitions granted to Wyle through the date of publication of this preliminary finding.
The current address of the Wyle facility recognized by OSHA is: Wyle Laboratories, 7800 Highway 20 West, P.O. Box 077777, Huntsville, Alabama 35807.
General Background on the Applicant and the Application
Wyle has submitted a request, dated August 19, 1998 (see Exhibit 15), to renew its recognition as an NRTL. The letter requested renewal for its existing scope of recognition, which includes the facility listed above, and 122 test standards and 8 supplemental programs. However,some of the test standards for which Wyle is currently recognized have been withdrawn by the standards developing organization. As appropriate, OSHA has eliminated or replace these test standards in the list shown below.
Wyle was first recognized as an NRTL in 1994 and, at the time, it was part of Wyle Laboratories, a publicly-held corporation first established in 1949. In 1995, Wyle informed OSHA (see Exhibit 13) that it had become a "privately held company incorporated in the State of Delaware." The "new" company name was also "Wyle Laboratories." In 1997, the NRTL informed OSHA of the sale of its "Electronic Enclosures Division," and requested that OSHA remove a condition that the Agency had imposed in the notice of Wyle's recognition. This condition excluded from the recognition any testing and certification of an "enclosure cabinet manufactured or distributed by Wyle." OSHA granted this request on January 16, 1998 (63 FR 2700).
Wyle seeks renewal of its recognition for testing and certification of products to demonstrate compliance to the following one hundred thirty nine (139 test standards, all of which OSHA has determined are appropriate, as prescribed by 29 CFR 1910.7(c). As mentioned, some of these standards are substitutes for the test standard that OSHA originally recognized for Wyle. As is the case for any NRTL, Wyle's recognition 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, 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.
ANSI/UL 8 Foam Fire Extinguishers
ANSI/UL 20 General-Use Snap Switches
ANSI/UL 22 Amusement and Gaming Machines
ANSI/UL 44 Rubber-Insulated Wires and Cables
ANSI/UL 45 Portable Electric Tools
ANSI/UL 48 Electric Signs
ANSI/UL 62 Flexible Cord and Fixture Wire
ANSI/UL 65 Wired Cabinets
ANSI/UL 67 Panelboards
ANSI/UL 73 Motor-Operated Appliances
ANSI/UL 83 Thermoplastic-Insulated Wires and Cables
ANSI/UL 92 Fire Extinguisher and Booster Hose
ANSI/UL 98 Enclosed and Dead-Front Switches
ANSI/UL 153 Portable Electric Lamps
ANSI/UL 154 Carbon-Dioxide Fire Extinguishers
ANSI/UL 187 X-Ray Equipment
ANSI/UL 198B Class H Fuses
ANSI/UL 199C High-Interrupting-Capacity Fuses, Current-Limiting Types
ANSI/UL 198D Class K Fuses
ANSI/UL 198E Class R Fuses
ANSI/UL 198F Plug Fuses
ANSI/UL 198G Fuse for Supplementary Overcurrent Protection
ANSI/UL 198H Class T Fuses
ANSI/UL 198L DC Fuses for Industrial Use
ANSI/UL 244A Solid-State Controls for Appliances
ANSI/UL 299 Dry Chemical Fire Extinguishers
ANSI/UL 363 Knife Switches
ANSI/UL 393 Indicating Pressure Gauges for Fire-Protection Service
ANSI/UL 429 Electrically Operated Values
UL 444 Communications Cables
ANSI/UL 466 Electric Scales
ANSI/UL 467 Grounding and Bonding Equipment
ANSI/UL 484 Room Air Conditioners
ANSI/UL 486B Wire Connectors for Use With Aluminum Conductors
ANSI/UL 486C Splicing Wire Connectors
ANSI/UL 486D Insulated Wire Connectors for Use with Underground Conductors
ANSI/UL 489 Molded-Case Circuit Breakers and Circuit-Breaker Enclosures
ANSI/UL 497A Secondary Protectors for Communication Circuits
ANSI/UL 498 Attachment Plugs and Receptacles
ANSI/UL 499 Electric Heating Appliances
ANSI/UL 506 Specialty Transformers
ANSI/UL 507 Electric Fans
ANSI/UL 508 Industrial Control Equipment
ANSI/UL 510 Insulating Tape
ANSI/UL 512 Fuseholders
ANSI/UL 539 Single and Multiple Station Heat Detectors
ANSI/UL 541 Refrigerated Vending Machines
UL 544 Electric Medical and Dental Equipment
ANSI/UL 626 2\1/2\Gallon Stored-Pressure Water-Type Fire Extinguishers
ANSI/UL 698 Industrial Control Equipment for Use in Hazardous (Classified) Locations
ANSI/UL 711 Rating and Fire Testing of Fire Extinguishers
ANSI/UL 745-1 Portable Electric Tools
ANSI/UL 745-2 Particular Requirements of Drills
ANSI/UL 745-2-2 Particular Requirements for Screwdrivers and Impact Wrenches
ANSI/UL 745-2-3 Particular Requirements for Grinders, Polishers, and Disk-Type Sanders
ANSI/UL 745-2-4 Particular Requirements for Sanders
ANSI/UL 745-2-5 Particular Requirements for Circular Saws and Circular Knives
ANSI/UL 745-2-6 Particular Requirements for Hammers
ANSI/UL 745-2-8 Particular Requirements for Shears and Nibblers
ANSI/UL 745-2-9 Particular Requirements for Tappers
ANSI/UL 745-2-11 Particular Requirements for Reciprocating Saws
ANSI/UL 745-2-12 Particular Requirements for Concrete Vibrators
ANSI/UL 745-2-14 Particular Requirements for Planers
ANSI/UL 745-2-17 Particular Requirements for Routers and Trimmers
ANSI/UL 745-2-30 Particular Requirements for Staplers
ANSI/UL 745-2-31 Particular Requirements for Diamond Core Drills
ANSI/UL 745-2-32 Particular Requirements for Magnetic Drill Presses
ANSI/UL 745-2-33 Particular Requirements for Portable Bandsaws
ANSI/UL 745-2-34 Particular Requirements for Strapping Tools
ANSI/UL 745-2-35 Particular Requirements for Drain Cleaners
ANSI/UL 745-2-36 Particular Requirements for Hand Motor Tools
ANSI/UL 745-2-37 Particular Requirements for Plate Jointer
ANSI/UL 796 Printed-Wiring Boards
ANSI/UL 813 Commercial Audio Equipment
ANSI/UL 817 Cord Sets and Power-Supply Cords
ANSI/UL 845 Motor Control Centers
ANSI/UL 854 Service-Entrance Cables
ANSI/UL 863 Time-Indicating and -Recording Appliances
ANSI/UL 877 Circuit Breakers and Circuit-Breaker Enclosure for Use in Hazardous (Classified) Locations
ANSI/UL 894 Switches for Use Hazardous (Classified) Locations
ANSI/UL 916 Energy Management Equipment
ANSI/UL 917 Clock-Operated Switches
ANSI/UL 924 Emergency Lighting and Power Equipment
ANSI/UL 943 Ground-Fault Circuit-Interrupters
ANSI/UL 961 Electric Hobby and Sports Equipment
ANSI/UL 977 Fused Power-Circuit Devices
ANSI/UL 998 Humidifiers
ANSI/UL 1004 Electric Motors
ANSI/UL 1008 Automatic Transfer Switches
ANSI/UL 1012 Power Supplies
ANSI/UL 1018 Electric Aquarium Equipment
UL 1022 Line Isolation Monitors
ANSI/UL 1028 Hair Clipping and Shaving Appliances
ANSI/UL 1047 Isolated Power Systems Equipment
ANSI/UL 1053 Ground-Fault Sensing and Relaying Equipment
ANSI/UL 1054 Special-Use Switches
ANSI/UL 1058 Halogenated Agent Extinguishing System Units
UL 1059 Terminal Blocks
ANSI/UL 1066 Low-Voltage AC and DC Power Circuit Breakers Used in Enclosures
ANSI/UL 1069 Hospital Signaling and Nurse-Call Equipment
ANSI/UL 1077 Supplementary Protectors for Use in Electrical Equipment
ANSI/UL 1087 Molded-Case Switches
UL 1091 Butterfly Valves for Fire-Protection Service
ANSI/UL 1093 Halogenated Agent Fire Extinguishers
ANSI/UL 1097 Double Insulation Systems for Use in Electrical Equipment
ANSI/UL 1236 Battery Chargers
UL 1244 Electrical and Electronic Measuring and Testing Equipment
ANSI/UL 1254 Pre-Engineered Dry Chemical Extinguishing Systems Units
ANSI/UL 1262 Laboratory Equipment
ANSI/UL 1283 Electromagnetic Interference Filters
ANSI/UL 1310 Class 2 Power Units
ANSI/UL 1411 Transformers and Motor Transformer for Use in Audio- Radio-, and Television-Type Appliances
ANSI/UL 1412 Fusing Resistors and Temperature-Limited Resistors for Radio- and Television-Type Appliances
ANSI/UL 1416 Overcurrent and Overtemperature Protectors for Radio- and Television-Type Appliances
ANSI/UL 1424 Cables for Power-Limited Fire-Alarm Circuits
ANSI/UL 1429 Pullout Switches
UL 1437 Electrical Analog Instruments--Panel Board Types
UL 1449 Transient Voltage Surge Suppressors
ANSI/UL 1459 Telephone Equipment
ANSI/UL 1474 Adjustable Drop Nipples for Sprinkler Systems
ANSI/UL 1481 Power Supplies for Fire-Protective Signaling Systems
ANSI/UL 1486 Quick Opening Devices for Dry Pipe Valves for Fire- Protection Service
ANSI/UL 1557 Electrically Isolated Semiconductor Devices
ANSI/UL 1564 Industrial Battery Chargers
ANSI/UL 1570 Fluorescent Lighting Fixtures
ANSI/UL 1571 Incandescent Lighting Fixtures
ANSI/UL 1577 Optical Isolaters
ANSI/UL 1585 Class 2 and Class 3 Transformers
UL 1604 Electrical Equipment for Use in Class I and II, Division 2, and Class III Hazardous (Classified) Locations
ANSI/UL 1664 Immersion-Detection Circuit-Interrupters
ANSI/UL 1673 Electric Space Heating Cables
ANSI/UL 1682 Plugs, Receptacles, and Cable Connectors, of the Pin and Sleeve Type
ANSI/UL 1778 Uninterruptible Power Supply Equipment
UL 1863 Communication Circuit Accessories
ANSI/UL 1876 Isolating Signal and Feedback Transformers for Use in Electronic Equipment
ANSI/UL 1950 Information Technology Equipment, Including Electrical Business Equipment
ANSI/UL 1995 Heating and Cooling Equipment
ANSI/UL 2006 Halon 1211 Recovery/Recharge Equipment
UL 2111 Overheating Protection for Motors
The designations and titles of the above test standards were current at the time of the preparation of this notice.
Programs and Procedures
In its renewal, Wyle also seeks continued use of the 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 (called supplemental programs) 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. OSHA previously granted Wyle recognition to use these programs, which are listed in OSHA's informational web page on the Wyle recognition.
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 5: Acceptance of testing data from non-independent organizations.
Program 6: Acceptance of evaluation data from non-independent organizations (requiring NRTL review prior to marketing).
Program 7: Acceptance of continued certification following minor modifications by the client.
Program 8: Acceptance of product evaluations from organizations that function as part of the International Electrotechnical Commission Certification Body (IEC-CB) Scheme.
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 accept 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.
Preliminary Finding on the Application
Wyle has submitted an acceptable request for renewal of its recognition as an NRTL. In connection with the request, OSHA performed an on-site assessment (review) of Wyle's facility in Huntsville, Alabama, on August 3-5, 1999. Discrepancies noted by the assessor during the on-site review were addressed by Wyle following the on-site evaluation and are factored into the recommendation in the non-site review report (see Exhibit 16).
Following a review of the application file, the on-site review report, and other pertinent documents, the NRTL Program staff has concluded that OSHA can grant to Wyle the renewal of its recognition as an NRTL to use the facility, test standards, and programs, listed above, with any limitations to be applied as noted. 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 the Wyle Laboratories, Inc., can meet the requirements, as prescribed by 29 CFR 1910.7, for renewal of its recognition, subject to any limitations described above. This preliminary finding does not constitute an interim or temporary approval of the application.
OSHA welcomes public comments, in sufficient detail, as to whether Wyle has met the requirements of 29 CFR 1910.7 for renewal of its recognition as a Nationally Recognized Testing Laboratory. Your comment should consist of pertinent written documents and exhibits. To consider a comment, OSHA must receive it at the address provided above (see ADDRESS), no later than the last date for comments (see DATES above). You may obtain or review copies of Wyle's request, the on-site review report, 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-1-93, the permanent record of public information on the Wyle recognition.
The NRTL Program staff will review all timely comments and, after resolution of issues raised by these comments, will recommend whether to grant Wyle's application for renewal of recognition. The Assistant Secretary will make the final decision on granting the renewal 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, DC this 18th day of February, 2000.
Charles N. Jeffress,
[FR Doc. 00-5342 Filed 3-3-00; 8:45 am]
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