[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62358-62359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30684]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-2-97]


Detroit Testing Laboratory, Inc., Application for Recognition

AGENCY: Occupational Safety and Health Administration; Labor.

ACTIONS: Notice of application for recognition as a Nationally 
Recognized Testing Laboratory, and preliminary finding.

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SUMMARY: This notice announces the application of Detroit Testing 
Laboratory, Inc. for recognition as a NRTL under 29 CFR 1910.7, and 
presents the Agency's preliminary finding.

DATES: The last date for interested parties to submit comments is 
January 20, 1998.

ADDRESSES: Send comments concerning this notice to: NRTL Recognition 
Program, Office of Variance Determination, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, N.W., Room N3653, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Variance 
Determination, NRTL Recognition Program at the above address, or phone 
(202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Application

    Notice is hereby given that Detroit Testing Laboratory, Inc. (DTL) 
has made application pursuant to 29 CFR 1910.7, for recognition as a 
Nationally Recognized Testing Laboratory.
    The address of the laboratory covered by this application is: 
Detroit Testing Laboratory, Inc., 7111 E. Eleven Mile, Warren, Michigan 
48092.

Background

    Detroit Testing Laboratory, Inc. (DTL), according to the applicant, 
is a Michigan corporation and was formally incorporated in 1949. The 
applicant states that the lab was originally founded in 1903 as a 
partnership, that ownership of the lab changed in 1948 and again in 
1968, and that in 1976, the current owner purchased DTL as sole 
stockholder.
    The applicant submitted an application package, and separately 
submitted a Quality Assurance (QA) Manual (see Exhibits 2A and 2B). The 
QA Manual includes: an organization chart, position descriptions, and 
resumes of key personnel; department descriptions including equipment & 
standards used for departments involved in testing; description of 
certifications done and standards used for certification; and the 
details on how calibrations are handled, including descriptions of 
equipment and standards.

Capability

    Section 1910.7(b)(1) states that for each specified item of 
equipment or material to be listed, labeled or accepted, the laboratory 
must have the capability (including proper testing equipment and 
facilities, trained staff, written testing procedures, and calibration 
and quality control programs) to perform appropriate testing.
    The applicant has one main facility at its site in Warren, 
Michigan, and a smaller test facility in Center Line, Michigan. This 
smaller site is not included in the applicant's request for 
recognition. The applicant claims that natural gas, electric, 
compressed air, steam, and water are available in the laboratory for 
product testing and for calibrations and tests.
    The applicant's QA Manual shows the testing experience of its key 
testing staff, mentions its certification, and listing and labeling 
experience with products, and describes its testing capabilities and 
experience in a number of specific areas. It also contains a list of 
major instrumentation and equipment.
    Quality Assurance Procedures, Test/Operating procedures (developed 
on a form, the original of which is kept by each lab), calibration 
procedures, and audits (including proficiency audits which depends in 
part on the use of outside private services) are described in the QA 
manual. Furthermore, the QA includes an Internal Corrective Action 
Procedure whereby reports are issued to an area when it operates 
outside the guidelines of the QA System. The QA Manual also contains a 
sample handling procedure and procedures on employee training. Written 
procedures exist for typical tests, per QA manual.

Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide certain 
controls and services, to the extent necessary, for the particular 
equipment or material to be listed, labeled, or accepted. These consist 
of implementation of control procedures for identifying the listed or 
labeled equipment or materials, inspecting the production runs at 
factories to assure conformance with test standards, and conducting 
field inspections to monitor and assure the proper use of identifying 
marks or labels.
    The application contains the description of the listing and 
labeling procedure, which indicates ``inspections'' will be done four 
times per year, and periodic compliance testing is done every four 
years. A sample listing and follow-up agreement was also provided. In 
addition, ``Instructions for * * * Inspections * * * ,'' and a sample 
inspection form were submitted.

[[Page 62359]]

Independence

    A statement of independence was supplied attesting that DTL is 
independent of any producer, supplier, or vendor. The applicant claims 
in the statement that, for products being tested and certified: it has 
no managerial affiliations with any producer, supplier, or vendor; it 
has no securities, investments, or stock options in the product lines; 
the employment security of its personnel is free from influence by any 
producer, supplier, or vendor; that it is not owned, operated, or 
controlled by any producers, suppliers, or vendors; and that it is not 
engaged in promotion or design.

Creditable Reports/Complaint Handling

    Section 1910.7(b)(4) provides that a OSHA recognized NRTL must 
maintain effective procedures for producing creditable findings and 
reports that are objective and without bias, as well as for handling 
complaints and disputes under a fair and reasonable system. The QA 
manual contains details on development of test data and reports, and 
both the application and the QA manual describe a complaint procedure.

Standards

    DTL desires recognition for testing and certification of products 
to determine compliance with the following test standards, which are 
appropriate within the meaning of 29 CFR 1910.7(c):

ANSI/UL 234--Low Voltage Lighting Fixtures for Use in Recreational 
Vehicles
ANSI/UL 1025--Electric Air Heaters

Preliminary Finding

    Detroit Testing Laboratory, Inc., addressed all of the criteria 
which had to be met for recognition as an NRTL, as summarized above. In 
addition, the NRTL Recognition Program staff performed an on-site 
review of DTL's main facility and investigated nine major areas: 
facility; test equipment; calibration program; test and evaluation 
procedures; test reports; records; quality assurance program; follow-up 
listing program; and personnel. Any discrepancies noted by the survey 
team during the on-site review were adequately responded to following 
the on-site evaluation and are included as an integral part of the On-
Site Review Report (see Exhibit 3). With the preparation of the final 
report, the Program staff was satisfied that the testing facility 
appeared to meet the necessary criteria required by 29 CFR 1910.7, and 
recommended that DTL be recognized.
    Following a review of the application file and the On-Site Review 
Report, the NRTL Recognition Program staff concluded that the applicant 
appeared to have met the requirements for recognition as a Nationally 
Recognized Testing Laboratory for the Warren, Michigan facility and, 
therefore, recommended to the Assistant Secretary that the application 
be preliminarily approved.
    Based upon a review of the completed application file, the On-Site 
Review Report, and the recommendation of the staff, the Assistant 
Secretary has made a preliminary finding that Detroit Testing 
Laboratory, Inc. can meet the requirements as prescribed by 29 CFR 
1910.7 to recognize the Warren, Michigan facility for the two standards 
previously listed.
    All interested members of the public are invited to supply detailed 
reasons and evidence supporting or challenging the sufficiency of the 
applicant having met the requirements for recognition as a Nationally 
Recognized Testing Laboratory, as well as Appendix A to 29 CFR 1910.7. 
Submission of pertinent written documents and exhibits shall be made no 
later than January 20, 1998 and must be addressed to the Office of 
Variance Determination, NRTL Recognition Program, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, N.W., Room N 3653, Washington, D.C. 20210. Copies of the DTL 
application, the laboratory On-Site Review Report, and all submitted 
comments, as received, (Docket No. NRTL-2-97), are available for 
inspection and duplication at the Docket Office, Room N 2634, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, at the above address.
    The Assistant Secretary's final decision on whether the applicant 
(DTL) satisfies the requirements for recognition as a NRTL will be made 
on the basis of the entire record including the public submissions and 
any further proceedings that the Assistant Secretary may consider 
appropriate in accordance with Appendix A to Section 1910.7.

    Authority: 29 CFR 1910.7.

    Signed at Washington, DC, this 14th day of November, 1997.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 97-30684 Filed 11-20-97; 8:45 am]
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