Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Notices 20661

Cite/reference Total respondents Frequency Total

responses

Average

time per

response

(hours)

Burden

(hours)

43.2 General ....................................... 272 verbal 350 written 622 total ........... On occasion ..... 622 .2 124

43.4 Giving notice ............................... All burden included under 43.2 .............

43.7 Informal review ............................ 15 ........................................................... On occasion ..... 15 .2 3

43.8 Informal review ............................ All burden included under 43.7 .............

Totals .............................................. 637 ......................................................... On occasion ..... 637 .2 127

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintaining): $8.

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: April 21, 1998.

George M. Fesak,

Director, Program Evaluation and Information

Resources.

[FR Doc. 98–11110 Filed 4–24–98; 8:45 am]

BILLING CODE 4510–43–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket No. NRTL–2–97]

Detroit Testing Laboratory, Inc.,

Recognition as an NRTL

AGENCY: Occupational Safety and Health

Administration; Labor.

ACTION: Notice of recognition as a

Nationally Recognized Testing

Laboratory (NRTL).

SUMMARY: This notice announces the

Agency’s final decision on the

application of Detroit Testing

Laboratory, Inc. for recognition as an

NRTL under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will

become effective on April 27, 1998 and

will be valid for a period of five years

from that date, until April 28, 2003,

unless terminated prior to that date, in

accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT:

Bernard Pasquet, Office of Technical

Programs and Coordination Activities,

NRTL 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 the

Occupational Safety and Health

Administration (OSHA) has recognized

Detroit Testing Laboratory, Inc. (DTL) as

a Nationally Recognized Testing

Laboratory for the equipment or

materials listed below. DTL 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 62358, 11/21/97). The notice

included a preliminary finding that DTL

could meet the requirements for

recognition detailed in 29 CFR 1910.7,

and invited public comment on the

application by January 20, 1998. No

comments were received concerning

this request for recognition.

Copies of all application documents

(Docket No. NRTL–2–97) are available

for inspection and duplication at the

Docket Office, Occupational Safety and

Health Administration, U.S. Department

of Labor, 200 Constitution Avenue,

N.W., Room N2634, Washington, D.C.

20210.

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

re ́sume ́s of key personnel; department

descriptions including equipment and

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.

The four primary criteria for

recognition are presented below, along

with examples which illustrate how

DTL has met these criteria.

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 application and on-site

review report indicate that DTL meets

these criteria.

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 has natural

gas, electric, compressed air, steam, and

water 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 (QA) 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.
20662 Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Notices

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 and on-site

review report indicate that DTL meets

these criteria.

The application contains the

description of the listing and labeling

procedure, and 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.

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. The application and on-site

review report indicate that DTL meets

these criteria.

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 the

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 application

and on-site review report indicate that

DTL meets these criteria.

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

After publication of the notice of the

application and preliminary finding,

DTL informed OSHA that one of the

standards it had requested for

recognition, ANSI/UL 1025 Electric Air

Heaters, had been withdrawn by

Underwriters Laboratories Inc. (UL), the

organization that developed this test

standard. DTL subsequently requested

recognition for the two standards which

replaced ANSI/UL 1025, in a letter

dated January 6, 1998.

Inasmuch as the original standard was

withdrawn by UL prior to the

publication of the application, the

notice was in error and OSHA is

granting the request to correct the error.

Also, OSHA believes that the two new

standards are substantially equivalent to

the standard withdrawn, and that DTL

has the necessary capability to test and

certify to those standards.

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 On-Site

Review Report, dated June 25, 1997 (see

Exhibit 3), OSHA finds that Detroit

Testing Laboratory, 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. Pursuant to the authority in

29 CFR 1910.7, Detroit Testing

Laboratory, Inc. is hereby 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.

DTL asserts by its application 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):

ANSI/UL 234 Low Voltage Lighting

Fixtures for Use in Recreational

Vehicles

ANSI/UL 1278 Standard for Safety for

Movable and Wall- or Ceiling-Hung

Electric Room Heaters

UL 2021 Fixed and Location-Dedicated

Electric Room Heaters

Conditions

Detroit Testing Laboratory, 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

DTL’s facility and records for purposes

of ascertaining continuing compliance

with the terms of its recognition and to

investigate as OSHA deems necessary;

If DTL 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;

DTL 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, DTL 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;

DTL shall inform OSHA as soon as

possible, in writing, of any change of

ownership or key personnel, including

details;

DTL will continue to meet the

requirements for recognition in all areas

where it has been recognized; and

DTL will always cooperate with

OSHA to assure compliance with the

spirit as well as the letter of its

recognition and 29 CFR 1910.7.

Signed at Washington, D.C. this 22nd day

of April, 1998.

Charles N. Jeffress,

Assistant Secretary.

[FR Doc. 98–11107 Filed 4–24–98; 8:45 am]

BILLING CODE 4510–26–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice (98–058)]

Government-Owned Inventions,

Available for Licensing

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of availability of

inventions for licensing.