62356 Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices

Administration is soliciting comments

concerning the proposed extension of

the information collection request for

the Hazard Communication Standard 29

CFR 1910.1200; 1915; 1917; 1918; 1926;

1928. A copy of the proposed

information collection request (ICR) can

be obtained by contacting the employee

listed below in the addressee section of

this notice.

The Department of Labor is

particularly interested in comments

which:

• Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility, and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of responses.

DATES: Written comments must be

submitted to the office listed in the

addressee section below on or before

January 20, 1998.

ADDRESSES: Comments are to be

submitted to the Docket Office, Docket

No. ICR–97–46, U.S. Department of

Labor, Room N–2625, 200 Constitution

Ave. NW, Washington, D.C. 20210,

telephone (202) 219–7894. Written

comments limited to 10 pages or less in

length may also be transmitted by

facsimile to (202) 219–5046.

FOR FURTHER INFORMATION CONTACT:

Todd R. Owen, Directorate of Health

Standards Programs, Occupational

Safety and Health Administration, U.S.

Department of Labor, Room N–3718,

200 Constitution Ave., NW, Washington

D.C. 20210. Telephone: (202) 219–7075,

extension 109. Copies of the referenced

information collection request are

available for inspection and copying in

the Docket Office and will be mailed to

persons who request copies by

telephoning Todd R. Owen (202) 219–

7075 extension 109 or Barbara Bielaski

on 219–8076, extension 142. For

electronic copies of the Hazard

Communication Information Collection

Request, contact the Labor News

Bulletin Board (202) 219–4784; or

OSHA’s WebPage on Internet at http://

www.osha.gov/ and click on standards.

SUPPLEMENTARY INFORMATION:

I. Background

The Hazard Communication Standard

and its information collection

requirements are designed to ensure that

the hazards of all chemicals produced or

imported are evaluated and that

information concerning their hazards is

transmitted to employees and

downstream employers. The standard

requires chemical manufacturers and

importers to evaluate chemicals they

produce or import to determine if they

are hazardous; for those chemicals

determined to be hazardous, material

safety data sheets and warning labels

must be developed. Employers are

required to establish hazard

communication program, to transmit

information on the hazards of chemicals

to their employees by means of labels on

containers, material safety data sheets

and training programs. Implementation

of these collection of information

requirements will ensure all employees

have the ‘‘right-to-know’’ the hazards

and identities of the chemicals they

work with and will reduce the

incidence of chemically-related

occupational illnesses and injuries.

II. Current Actions

This notice requests an extension of

the current OMB approval of the

paperwork requirements in the Hazard

Communication Standard. Extension is

necessary to ensure that employees

continue to receive information about

hazardous and chemicals they are

exposed to when working, as well as

what protective measures are available

to prevent adverse effects from

occurring.

Type of review: Extension.

Agency: Occupational Safety and

Health Administration.

Title: Hazard Communication.

OMB Number: 1218–0072.

Agency Number: Docket Number ICR–

97–46.

Affected Public: Business or other forprofit, Federal government and State,

Local or Tribal governments.

Total Respondents: 5,041,918.

Frequency: On occasion.

Total Responses: 74,679,540.

Average Time per Response: Time per

response ranges from 12 seconds to affix

labels to in-house containers containing

hazardous chemicals to 5 hours to

develop a hazard communication

program.

Estimated Total Burden Hours:

7,301,762.

Estimated Capital, Operational/

Maintenance Burden Cost: $0.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they will

also become a matter of public record.

Dated: November 17, 1997.

Adam M. Finkel,

Director, Directorate of Health Standards

Programs.

[FR Doc. 97–30680 Filed 11–20–97; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket No. NRTL–1–97]

Applied Research Laboratories, Inc.,

Recognition as a NRTL

AGENCY: Occupational Safety and Health

Administration; Labor.

ACTIONS: Notice of recognition as a

Nationally Recognized Testing

Laboratory (NRTL).

SUMMARY: This notice announces the

Agency’s final decision on the

application of Applied Research

Laboratories, Inc. for recognition as a

NRTL under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will

become effective on November 21, 1997

and will be valid for a period of five

years from that date, until November 21,

2002, unless terminated prior to that

date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT:

Bernard Pasquet, Office of Variance

Determination, NRTL Recognition

Program, Occupational Safety and

Health Administration, U.S. Department

of Labor, 200 Constitution Avenue,

N.W., Room N3653, Washington, D.C.

20210, or phone (202) 219–7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

Notice is hereby given that Applied

Research Laboratories, Inc. (ARL),

which made application pursuant to 29

CFR 1910.7, has been recognized as a

Nationally Recognized Testing

Laboratory for the equipment or

materials, and the program listed below.

The address of the laboratory covered

by this recognition is: Applied Research

Laboratories, Inc., 5371 NW 161st

Street, Miami, Florida 33014.

Background

Applied Research Laboratories, Inc.

(ARL), according to the applicant, was

founded in 1949, and is a Floridaregistered engineering corporation, with
Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices 62357

the owner as sole stockholder. Applied

Research Laboratories, Inc., applied for

recognition as a Nationally Recognized

Testing Laboratory, pursuant to 29 CFR

1910.7, and a notice of the application

was published in the Federal Register

(62 FR 42827, 8/8/97). The notice

included a preliminary finding that ARL

could meet the requirements for

recognition detailed in 29 CFR 1910.7,

and invited public comment on the

application by October 7, 1997. No

comments were received concerning

this request for recognition.

The four primary criteria for

recognition are presented below, along

with examples which illustrate how

ARL has met these criteria.

Capability

Section 1910.7(b)(1) states that for

each specified item of equipment or

material to be certified, 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 testing and

examination of equipment and materials

for workplace safety purposes to

determine conformance with

appropriate product test standards.

The on-site review report indicates

that ARL has facilities and personnel

which are appropriate for the area of

recognition it seeks. In addition, ARL

maintains a Procedures Manual, which

indicates step-by-step procedures for

processing done in a number of areas.

Procedures available cover areas such as

testing, calibration, record keeping, and

product follow-up service. ARL also

maintains a Quality Assurance Manual

and a Laboratory Accreditation Manual,

with responsibility for internal quality

control vested in the Director of Quality

Control. The on-site review report

indicates that ARL has test equipment

available to perform testing necessary

for the area of recognition it seeks, with

the exception of specialized tests which

ARL is unable to perform at its Miami

facility.

In these cases, ARL obtains the

services of other testing organizations,

and witnesses the tests.

The On-site Review report indicates

that ARL has adequate calibration

procedures and calibration records, and

that calibrations are traceable to NIST or

other approved sources. A record of all

calibrations is maintained by the

Director of Quality.

Control Procedures

Section 1910.7(b)(2) requires that the

NRTL provide certain follow-up

procedures, to the extent necessary, for

the particular equipment or material to

be listed, labeled, or accepted. These

include 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 the label.

ARL has procedures for follow-up

inspections on the products it certifies,

and for completing a Listing, Labeling,

and Follow-up Service Agreement with

a manufacturer. Other procedures cover

control of its listing and labeling, and

decertification. ARL conducts four

inspections per year at those factories

where ARL listed/certified products are

manufactured. In addition, before use of

the ARL certification mark is permitted,

ARL will inspect the manufacturer’s

facility to ensure there is a capability to

produce products in conformance with

ARL’s requirements.

Independence

Section 1910.7(b)(3) requires that the

NRTL be completely independent of

employers subject to the tested

equipment requirements, and for any

manufacturers or vendors of equipment

or materials being tested for these

purposes.

ARL supplied a statement of

affiliation which included declarations

that 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; and it is not owned,

operated, or controlled by any

producers, suppliers, or vendors.

Creditable Reports/Complaint Handling

Section 1910.7(b)(4) provides that a

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.

ARL’s application, and the on-site

review report indicate that ARL

maintains various manuals that describe

the procedures for testing and for all

written reports, as well as record

keeping requirements.

With regard to the handling of

complaints or contested results, ARL

maintains a Submissions and Review

Board, which can be convened at the

request of a client, to review results and

actions undertaken by ARL.

Programs and Procedures

Applied Research Laboratories, Inc.,

performs acceptance of witnessed

testing data, based upon the conditions

as detailed in the Federal Register

document titled ‘‘Nationally Recognized

Testing Laboratories; Clarification of the

Types of Programs and Procedures,’’ 60

FR 12980, 3/9/95.

Currently, this Program is primarily

utilized for certain wind load tests

conducted on large structures which

require they be tested as installed and

which ARL does not have the facilities

to perform. The tests would be

witnessed by either an ARL Professional

Engineer, or the ARL Department Head

to which a particular project has been

assigned. Test results are presented in

report form to ARL and become part of

the ARL file documentation.

Final Decision and Order

Based upon a preponderance of the

evidence resulting from an examination

of the complete application, the

supporting documentation, and the

OSHA staff finding including the on-site

review report, OSHA finds that Applied

Research Laboratories, Inc. has met the

requirements of 29 CFR 1910.7 to be

recognized by OSHA as a Nationally

Recognized Testing Laboratory to test

and certify certain equipment or

materials, and for acceptance of

witnessed test data.

Pursuant to the authority in 29 CFR

1910.7, Applied Research Laboratories,

Inc. is recognized as a Nationally

Recognized Testing Laboratory subject

to the limitations and conditions listed

below:

Limitations

This recognition is limited to

equipment or materials which, under

Title 29, require or permit testing,

listing, labeling, approval, acceptance,

or certification, by a Nationally

Recognized Testing Laboratory. This

recognition is further limited to the use

of the following test standards for the

testing and certification of equipment or

materials included within the scope of

these standards. ARL has stated that it

believes that the following standards

pertain to equipment or materials that

will be used in environments under

OSHA’s jurisdiction, and OSHA has

determined they are appropriate within

the meaning of 29 CFR 1910.7(c):

ASTM E152—Standard Methods of Fire

Tests of Door Assemblies

ANSI/UL 22—Amusement and Gaming

Machines

ANSI/UL—858 Household Electric

Ranges

UL 1838—Low Voltage Landscape

Lighting Systems

UL 1995—Heating and Cooling

Equipment
62358 Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices

Conditions

Applied Research Laboratories, Inc.

must also abide by the following

conditions of the recognition, in

addition to those already required by 29

CFR 1910.7:

OSHA shall be allowed access to

ARL’s facility and records for purposes

of ascertaining continuing compliance

with the terms of its recognition and to

investigate as OSHA deems necessary;

If ARL has reason to doubt the

efficacy of any test standard it is using

under this program, it shall promptly

inform the test standard developing

organization of this fact and provide

that organization with appropriate

relevant information upon which its

concerns are based;

ARL shall not engage in or permit

others to engage in any

misrepresentation of the scope or

conditions of its recognition. As part of

this condition, ARL 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;

ARL shall inform OSHA as soon as

possible, in writing, of any change of

ownership or key personnel, including

details;

ARL will continue to meet the

requirements for recognition in all areas

where it has been recognized; and

ARL will always cooperate with

OSHA to assure compliance with the

spirit as well as the letter of its

recognition and 29 CFR 1910.7.

Authority: 29 CFR 1910.7.

Signed at Washington, DC, this 14th day of

November, 1997.

Charles N. Jeffress,

Assistant Secretary.

[FR Doc. 97–30685 Filed 11–20–97; 8:45 am]

BILLING CODE 4510–26–P

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.

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.