[Federal Register: February 28, 2007 (Volume 72, Number 39)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0041]
Southwest Research Institute; Renewal and Expansion of
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
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.
Department of Labor, 200 Constitution Avenue, NW., Room N-3655,
Washington, DC 20210, or phone (202) 693-2110.
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
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
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
UL 555................................. Fire Dampers.
UL 711................................. Rating and Fire Testing of Fire
UL 1887................................ Fire Test of Plastic Sprinkler
Pipe for Visible Flame and
UL 2085................................ Protected Aboveground Tanks for
Flammable and Combustible
UL 60950............................... Information Technology
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.
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
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
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.
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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