Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16167

high-voltage (4,160 volts) cables to

power longwall mining equipment. The

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

would the mandatory standard.

Request for Comments

Persons interested in these petitions

may furnish written comments. These

comments must be filed with the Office

of Standards, Regulations, and

Variances, Mine Safety and Health

Administration, Room 627, 4015 Wilson

Boulevard, Arlington, Virginia 22203.

All comments must be postmarked or

received in that office on or before April

28, 1995. Copies of these petitions are

available for inspection at that address.

Dated: March 22, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and

Variances.

[FR Doc. 95–7647 Filed 3–28–95; 8:45 am]

BILLING CODE 4510–43–P

Occupational Safety and Health

Administration

[Docket No. NRTL–3–93]

Factory Mutual Research Corporation

AGENCY: Occupational Safety and Health

Administration Department of Labor.

ACTION: Notice of Application for

Renewal of Recognition as a Nationally

Recognized Testing Laboratory, and

Preliminary Finding.

SUMMARY: This notice announces the

application of the Factory Mutual

Research Corporation for renewal of its

recognition as a Nationally Recognized

Testing Laboratory (NRTL) under 29

CFR 1910.7, and presents the Agency’s

preliminary finding.

DATES: The last date for interested

parties to submit comments is May 30,

1995.

ADDRESSES: Send comments 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 , DC.

20210.

FOR FURTHER INFORMATION CONTACT:

Office of Variance Determination, NRTL

Recognition Program, Occupational

Safety and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue, NW., Room N3653,

Washington, DC 20210.

Notice of Application

SUPPLEMENTARY INFORMATION: Notice is

hereby given that the Factory Mutual

Research Corporation (FMRC) has made

application pursuant to section 6(b) of

the Occupational Safety and Health Act

of 1970, (84 Stat. 1593, 29 U.S.C. 655),

Secretary of Labor’s Order No. 1–90 (55

FR 9033), and 29 CFR 1910.7 for

renewal of its recognition of the

following facilities as a Nationally

Recognized Testing Laboratory.

The addresses of the laboratories

covered by this application are:

1151 Boston-Providence Turnpike,

Norwood, Massachusetts 02062

743 Reynolds Road, West Gloucester,

Rhode Island 02814

Background

When OSHA published its standard

for NRTLs at 29 CFR 1910.7, it

temporarily recognized Factory Mutual

Research Corporation (FMRC) and

Underwriters Laboratories Incorporated

(UL). Both organizations had already

been referenced by the Occupational

Safety and Health Administration

(OSHA) as acceptable organizations for

testing or certifying certain workplace

equipment and materials. Appendix A

of section 1907 stated, in part, that

Factory Mutual Research Corporation

was recognized temporarily as a

nationally recognized testing laboratory

by the Assistant Secretary for a five-year

period from June 13, 1988 through June

13, 1993. At the end of this five-year

period FMRC was required to apply for

renewal of that OSHA recognition

utilizing certain specified procedures.

FMRC has applied for renewal of its

recognition as an NRTL within the

specified time frame (application dated

October 8, 1992) and retains temporary

recognition pending OSHA’s final

decision in this renewal process.

Application

According to the applicant Factory

Mutual began testing products in 1886;

the first published listings of approved

fire hose appeared in 1907. As of

October 1992, FMRC approved products

and services for approximately 1900

manufacturers and service providers in

the United States and 32 foreign

countries.

Regarding the merits of the

application, the applicant contends that

it meets the requirements of 29 CFR

1910.7 for renewal of its recognition to

certify products in the area of testing

which it has specified.

Factory Mutual Research Corporation

states that its application demonstrates

that for each specified item of

equipment or material to be certified, it

has the capability (including proper

testing equipment and facilities, trained

staff, written testing procedures, quality

control and calibration programs) to

perform testing and examination of

equipment and materials for workplace

safety purposes to determine

conformance with appropriate product

test standards. In summary, it claims

that it has the experience, expertise,

personnel, organization, equipment, and

facilities suitable for renewal of its

accreditation as an OSHA Nationally

Recognized Testing Laboratory.

In support of its application, FMRC

has attached various exhibits [see

Exhibits 2A(1), 2A(2), 2A(3), and 2A(4)].

According to the applicant, it

demonstrates its capability to perform

testing and examining of equipment and

materials for workplace safety purposes

to determine conformance with

appropriate standards [see Ex. 2A(1)];

has the proper testing equipment and

facilities, trained staff, written testing

procedures, and calibration and quality

control programs [see Ex. 2A(2)]; and

has also the capability to perform

experimental testing and examining of

equipment and materials for workplace

safety purposes to determine the

conformance with appropriate test

standards or performance in a specified

manner.

FMRC further asserts that it provides

the following controls or services: A

registered certification mark [see Ex.

2A(3)]; product evaluation of samples

submitted by manufacturers to assure

conformance with the test standards;

and a facilities and procedures quality

audit program to monitor production

and use of the FMRC Approval Mark,

supplemented with periodic inspections

of user premises for monitoring product

performance and for identifying the

listed or labeled equipment or materials

[see Exs. 2A(2)] and 2A(3)].

The applicant also states that it is a

non-profit corporation and, accordingly,

is not owned, operated or controlled by

any company manufacturing, supplying

or distributing any portion of the

materials and products examined and

tested. Further, FMRC claims not to

have any financial interest in any

company manufacturing, supplying, or

distributing materials or products

examined [see Ex. 2A(3)].

If clients, FMRC personnel, users, or

other sources, file a complaint or

disagrees with a decision relating to the

standard, to engineering, use, or to

inspection, they can present and discuss

their views with the involved

Engineer(s) and Section Manager in an

effort to resolve any disagreement. If the

matter cannot be satisfactorily resolved

at that level, they are referred to the

Department Manager, then to the

Division Manager and finally if the

complaint is still unresolved it is

referred to the Chief Operating Officer
16168 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

for the final decision. Equipment rental

is infrequent and used only for a special

one-time test or when a similar piece of

equipment is in repair. The equipment

is leased from reputable dealers and

operation manuals and calibration

certification are required to be supplied.

Finally, Factory Mutual Research

Corporation states that it provides

creditable reports and findings which

are objective and without bias, as well

as a fair and reasonable system of

handling complaints [see Ex. 2A(2)].

FMRC’s application contained 4

enclosures, which they identified as

Exhibits 1, 2, 3 and 4. For OSHA’s

purposes, these documents are listed as

Exhibits 2A(1), 2A(2), 2A(3), and 2A(4),

respectively. Exhibit 2A(1) lists the test

standards for which the applicant

desired accreditation, and includes

copies of those prepared and published

by FMRC. Exhibit 2A(2) consists of

FMRC’s Operations and Quality

Assurance Manual (OQAM) dealing

with various facets of the Approvals

Division, such as background and

history; a demonstration of reporting

results; the FMRC organizational chart;

the Electrical Department; handling of

complaints; laboratory operations;

personnel, including position

descriptions; descriptions of the

facilities; details of procedures with test

samples; test procedures; record keeping

and data collection; documentation and

document control; reports; test

equipment including the calibration

program; the facilities and procedures

audit; product re-examination program;

approval standards including mechanics

of development; status of approval or

listing; guides and listing procedures;

follow-up testing; the Quality Assurance

program; and a listing of blank forms

used in the Approvals Division. Exhibit

2A(3) contains a statement of

independence; a listing of FMRC’s

certification marks; a brochure

concerning its approval services; a

sample of the general procedure format;

and a listing of test equipment. Finally,

the last enclosure, Exhibit 2A(4),

encompasses the FMRC Approval

Guide, including two supplements.

The test procedure method is

identified in the revised 5–15–92

version of the General Test Procedure

Format. This format identifies specific

paragraphs for specific information.

General headings include the Purpose

and Scope, Test Criteria, Samples

Required, Test Facilities and

Equipment, Test Setup, Operations, Test

Results, and Safety Precautions. The test

procedures listing is being updated to

reflect the latest procedures.

Facilities

Factory Mutual Research Corporation

(FMRC) headquarters in Norwood,

Massachusetts occupies a 40 acre site

with more than a dozen buildings

totaling some 235,550 square feet.

Approximately 50 percent of the floor

space is allocated for product testing.

The Norwood complex is also

headquarters for Factory Mutual

Engineering Corp. (FMEC) and Factory

Mutual Engineering Association

(FMEA). Under Factory Mutual

Research Corporation are the Standards

Division, Approvals Division, Research

Division, Loss Operational Analysis

Department, and the Administration

Department. Many of the administrative

and operational support activities for

FMRC, such as legal, accounting, and

personnel, are provided by FMEC. The

Approvals Division of FMRC has

responsibility for the Facilities and

Procedures Audits (follow-up program

for manufacturers); however, in the

United States, inspectors are provided

by FMEA while overseas they are

provided by Factory Mutual

International (FMI). The Approvals

Division has a technical staff of

approximately 75, consisting of 10

managers, 51 engineers, and 15

technicians. FMEA has approximately

960 inspectors and FMI 300.

The West Glocester facility occupies a

1500 acre site. The main building totals

some 30,260 square feet. Three large fire

test pads and the associated control

room occupy most of this space.

Additional facilities at West Glocester

include a large hydraulics laboratory

and a structure to study explosions of

combustible dusts and flammable gases

or vapors. The West Glocester facility

has a staff of approximately 35.

However, most of the facility is devoted

to the testing of sprinkler and other fire

extinguishment system.

Audit Structure

A new audit schedule addresses the

frequency of audits and includes the

West Glocester facilities. The schedule

also includes an aggressive approach to

resolving identified discrepancies.

The Facilities and Procedures Audits

(F&PA) for FMRC Practices and

Procedures provide information on how

to perform a proper and successful

Approvals Division Facilities and

Procedures Audit (F&PA). This

document provides guidance on the

program, scope of the audits, Areas of

Investigation of a Manufacturers Quality

Assurance Program, and the

preparation, planning and conducting of

the audit.

The frequency of audits at the

manufacturing site are monitored to

insure the yearly minimum (at least

quarterly for the NRTL program) is

maintained and is in accordance with

QAM Section 17.4.

Internal Controls (Quality Assurance)

The Operations and Quality

Assurance Manual documents the

procedures for controlling the quality of

operations in the Approvals Division.

The manual includes a policy statement

and methods to evaluate and correct

quality system problems and includes

the necessary ingredients for an

effective Quality Assurance Program.

Portions of the Operations and

Quality Assurance Manual describe the

general policy requiring outside testing

laboratories to meet the applicable

quality assurance standards of the

Approvals Division. The Manual does

not specify which outside NRTL

laboratories are acceptable, only that the

laboratory must meet the Approvals

Division quality assurance

requirements.

The Technical Report Format is

described in the Operations and Quality

Assurance Manual (OQAM), and

contains the name and address of the

testing location, job identification

number, name and address of the client,

facilities and procedures audit

inspection results, conclusion,

signatures and other relevant

information.

Another section of the Operations and

Quality Assurance Manual addresses

the Record Keeping Requirements, to

include the retention time for specific

types of records.

The Follow-up Program is also

discussed in the OQAM. Initial factory

inspections for an approval/listing

process are normally conducted by the

Approvals Division personnel (FMRC).

Subsequent follow-ups are commonly

conducted by the FMEA District Offices

in North America, and by FMI in other

locations.

Programs

FMRC administers several operational

programs, some of which have been in

effect for a number of years. Some of

these programs have provided the test

and evaluation data for products that

have been approved and are still being

supplied by manufacturers for

introduction into the workplaces of the

United States.

The following programs have been

examined and found to be acceptable to

OSHA on the basis of the procedures

and specific criteria as detailed in 60 FR

12980, March 9, 1995, pertaining to the

types of programs and procedures that
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16169

NRTLs may engage in under the OSHA/

NRTL program. See Exhibit 2C, an

addendum to the original ‘‘On-Site

Review Report (Survey)’’, dated March

10, 1995, (Exhibit 2B), which reviews

the following programs on the basis of

their conformance to the programs

described in 60 FR 12980, March 9,

1995, ‘‘Nationally Recognized Testing

Laboratories; Clarification of the Types

of Programs and Procedures’’.

Basic Program

This program is one in which FMRC

performs all of the necessary product

testing and evaluation in-house prior to

issuing a certification.

Witnessed Test Data Program

This program is utilized when such as

the size, complexity, or uniqueness of a

product requires testing at the

manufacturer’s or other outside

laboratory’s facilities, or when a

manufacturer is entering the Laboratory

Qualification Program. The tests are in

accordance with the appropriate

recognized standard(s) and are

witnessed by an FMRC technical

representative. The specific information

required by the FMRC Operations and

Quality Assurance manual to insure

equivalency with tests conducted at

FMRC is recorded in the Project Data

Record (test notebook).

FMRC Laboratory Qualification Program

Since 1979, manufacturers of

electrical utilization equipment (process

control and test and measuring

instrumentation for use in ordinary

‘‘non-hazardous’’ locations) meeting

specific criteria, have been allowed to

submit test data to FMRC to be used as

a part of the approval process. The data

submitted by the manufacturer may be

used in lieu of tests conducted by FMRC

or, at its discretion, FMRC may conduct

comparative tests to insure accurateness

of manufacturers’ supplied data. This

includes a review of the product

submitted for approval.

The qualification procedures include

on-site assessments and an evaluation

for usage of proper standards, client

personnel, testing facilities and

verification testing. Part of the program

includes periodic review visits.

A specific department of the client is

qualified to generate the necessary test

and evaluation information that a

product meets the appropriate

standards. Test equipment, calibration

program, test personnel, test procedures,

design origination and change, and the

marking and documentation submittal

are specified in the Laboratory

Qualification Report. The information

and a sample product is sent to FMRC

for its review.

The program allows for unannounced

on-site visits to the manufacturer’s

facility to verify compliance with the

program. An up-to-date listing is

maintained of the manufacturing

laboratories that are qualified under this

program.

International Electrotechnical

Commission (IEC) CB Scheme

The IEC–CB Scheme is a certification

program for gaining product approval

recognition on an international level.

Products tested by any National

Certification Body (NCB) that

participates in the CB Scheme will be

accepted for approval without the need

for retesting in other member (of the CB

Scheme) countries.

Eligibility in the CB Scheme requires

that members be recognized by their

own governments as an accredited

national organization having the

authority to issue a listing or place a

mark on products that meet specific

national standards.

FMRC is accredited by the IEC for

testing and evaluating electrical

equipment for measurement, control

and laboratory use, and information

processing equipment including

electrical business equipment.

Interlaboratory Agreements

FMRC tests products for, and accepts

test data from, internationally

recognized laboratories which have

interlaboratory agreements with FMRC.

The laboratory generating the test data

conducts these tests in accordance with

the nationally recognized standards of

the laboratory certifying the product.

Regularly scheduled audits are

conducted at each laboratory to insure

the competence of the laboratory. The

audits include a review of personnel,

test equipment, test procedures,

documentation control, and quality of

operation.

FMRC asserts that it may accept

components which have been tested at

other laboratories after review of the test

report and any additional evaluation

necessary. The evaluation by the

applicant includes an assurance that the

other laboratory’s performance meets

the level that FMRC would provide had

it performed the service.

Standards

The applicant desires recognition for

testing and certification of products

when tested for compliance with the

following test standards, which are

appropriate within the meaning of 29

CFR 1910.7(c):

FMRC 1110—Indicator Posts

FMRC 1221—Backflow Preventers

FMRC 1321—Controllers for Electric

Motor Driven Fire Pumps

FMRC 1333—Diesel Engine Fire Pump

Drivers

FMRC 1635—Plastic Pipe and Fittings

for Automatic Sprinkler Systems

FMRC 3600—Electrical Equipment for

Use in Hazardous (Classified)

Locations, General Requirements

FMRC 3610—Intrinsically Safe

Apparatus and Associated

Apparatus for Use in Class I, II and

III, Division 1 Hazardous

(Classified) Locations

FMRC 3611—Electrical Equipment for

Use in Class I, Division 2; Class II,

Division 2; and Class III, Division 1

and 2 Hazardous Locations

FMRC 3615— Explosionproof Electrical

Equipment, General Requirements

FMRC 3620—Purged and Pressurized

Electrical Equipment for Hazardous

(Classified) Locations

FMRC 3810—Electrical and Electronic

Test, Measuring, and Process

Control Equipment

FMRC 6051—Safety Containers and

Filling, Supply and Disposal

Containers

FMRC 6310—Combustible Gas Detectors

FMRC 7812—Industrial Trucks—LP–

Gas

FMRC 7816—Industrial Trucks—LP–

Gas Dual Fuel

FMRC 7820—Industrial Trucks—

Electric

ANSI Z8.1—Commercial Laundry and

Drycleaning Equipment and

Operations

ANSI/ISA S12.12—Electrical Equipment

for Use in Class I, Division 2,

Hazardous (Classified) Locations

ANSI/ISA S12.13.1—Performance

Requirements for Combustible Gas

Detectors

ANSI/ISA S12.15—Hydrogen Sulfide

Detection Instruments

ANSI/ISA S82.01—Electrical and

Electronic Test, Measuring

Equipment

ANSI/ISA S82.02—Electrical and

Electronic Test and Measuring

Equipment

ANSI/ISA S82.03—Electrical and

Electronic Process Measuring and

Control

ANSI/NEMA ICS 2—Industrial Control

Devices, Controllers and

Assemblies

ANSI/NEMA 250—Enclosures for

Electrical Equipment

ANSI/NFPA 11—Low Expansion Foam

and Combined Agent Systems

ANSI/NFPA 11A—Medium- and HighExpansion Foam Systems

ANSI/NFPA 12—Carbon Dioxide

Extinguishing Systems

ANSI/NFPA 12A—Halon 1301 Fire

Extinguishing Agent Systems
16170 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

ANSI/NFPA 13—Installation of

Sprinkler Systems

ANSI/NFPA 16—Deluge Foam-Water

Sprinkler and Spray Systems

ANSI/NFPA 17—Dry Chemical

Extinguishing Systems

ANSI/NFPA 20—Centrifugal Fire

Pumps

ANSI/NFPA 72—Installation,

Maintenance, and Use of Protective

Signaling Systems

ANSI/UL 8—Foam Fire Extinguishers

ANSI/UL 38—Manually Actuated

Signaling Boxes for Use With FireProtective Signaling Systems

ANSI/UL 154—Carbon-Dioxide Fire

Extinguishers

ANSI/UL 162—Foam Equipment and

Liquid Concentrates

ANSI/UL 299—Dry Chemical Fire

Extinguishers

ANSI/UL 346—Waterflow Indicators for

Fire Protective Signaling Systems

ANSI/UL 347—High-Voltage Industrial

Control Equipment

ANSI/UL 508—Electric Industrial

Control Equipment

ANSI/UL 558—Industrial Trucks,

Internal Combustion EnginePowered

ANSI/UL 583—Electric-Battery-Powered

Industrial Trucks

ANSI/UL 626—21⁄2 Gallon StoredPressure, Water-Type Fire

Extinguishers

UL 664—Commercial (Class IV) Electric

Dry-Cleaning Machines

ANSI/UL 674—Electric Motors and

Generators for Use in Hazardous

(Classified) Locations

ANSI/UL 698—Industrial Control

Equipment for Use in Hazardous

(Classified) Locations

ANSI/UL 711—Fire Extinguishers,

Rating and Fire Testing of

ANSI/UL 753—Alarm Accessories for

Automatic Water-Supply Control

Valves

ANSI/UL 781—Portable Electric

Lighting Units for Use in Hazardous

(Classified) Locations

ANSI/UL 823—Electric Heaters for Use

in Hazardous (Classified) Locations

ANSI/UL 827—Central-Stations for

Watchmen, Fire-Alarm, and

Supervisory Services

ANSI/UL 844—Electric Lighting

Fixtures for Use in Hazardous

(Classified) Locations

ANSI/UL 863—Electric Time-Indicating

and -Recording Appliances

ANSI/UL 864—Control Units for FireProtective Signaling Systems

ANSI/UL 877—Circuit Breakers and

Circuit-Breaker Enclosure for Use in

Hazardous (Classified) Locations

ANSI/UL 886—Electrical Outlet Boxes

and Fittings for Use in Hazardous

(Classified) Locations

ANSI/UL 894—Switches for Use in

Hazardous (Classified) Locations

ANSI/UL 913—Intrinsically Safe

Apparatus and Associated

Apparatus for Use in Class I, II, and

III, Division I, Hazardous

(Classified) Locations

ANSI/UL 1002—Electrically Operated

Valve for Use in Hazardous

(Classified) Locations

ANSI/UL 1058—Halogen Agent

Extinguishing System Units

ANSI/UL 1093—Halogenated Agent Fire

Extinguishers

ANSI/UL 1203—Explosion-Proof and

Dust-Ignition-Proof Electrical

Equipment for Use in Hazardous

(Classified) Locations

UL 1206—Electric Commercial ClothesWashing Equipment

ANSI/UL 1207—Sewage Pumps for Use

in Hazardous (Classified) Locations

UL 1236—Electric Battery Chargers

UL 1240—Electric Commercial ClothesDrying Equipment

ANSI/UL 1254—Pre-Engineered Dry

Chemical Extinguishing System

Units

ANSI/UL 1262—Laboratory Equipment

ANSI/UL 1555—Electric Coin-Operated

Clothes-Washing Equipment

ANSI/UL 1556—Electric Coin-Operated

Clothes-Drying Equipment

Preliminary Finding

The Factory Mutual Research

Corporation addressed all of the criteria

which had to be met for recognition as

an NRTL in its initial application and in

its further correspondence. For example,

the applicant submitted a list of its test

equipment and instrumentation; a roster

of its personnel including resumes of

those in key positions and copies of

position descriptions; copies of a typical

test report, a factory inspection form

and an inspection summary; a summary

of its listing, labeling, and follow-up

services; a statement of its

independence as a testing laboratory;

and a copy of its Operations and Quality

Assurance Manual including a

description of its documentation,

calibration system, appeals procedures,

recordkeeping and operational

procedures.

Nine major areas were examined in

depth in carrying out the laboratory

surveys: Facility; test equipment;

calibration program; test and evaluation

procedures; test reports; records; quality

assurance program; follow-up listing

program; and personnel.

The discrepancies noted by the survey

teams in the on-site evaluations, [Ex.

2B(1)], were adequately responded to by

the applicant prior to the preparation of

the survey report and are included as a

integral part of the report.

With the preparation of the final

survey reports of the Factory Mutual

Research Corporation, the survey team

was satisfied that the testing facilities

appeared to meet the necessary criteria

required by the standard, and so noted

in the On-Site Review Report (Survey).

(See Ex. 2B).

Following a review of the application

file and the on-site survey reports of the

FMRC Norwood, Massachusetts and the

West Glocester, Rhode Island facilities,

the NRTL Recognition Program staff

concluded that the applicant appeared

to have met the requirements for

renewal of its recognition as a

Nationally Recognized Testing

Laboratory for the above noted facilities

and, therefore, recommended to the

Assistant Secretary that the application

be preliminarily approved.

Based upon a review of the completed

application file and the

recommendation of the staff, the

Assistant Secretary has made a

preliminary finding that the Factory

Mutual Research Corporation facilities

for which accreditation was requested

(Norwood, MA and West Glocester, RI)

can meet the requirements for renewal

of its recognition as required by 29 CFR

1910.7.

All interested members of the public

are invited to supply detailed reasons

and evidence supporting or challenging

the sufficiency of the applicant’s having

met the requirements for renewal of its

recognition as a Nationally Recognized

Testing Laboratory, as well as Appendix

A, of 29 CFR 1910.7. Submission of

pertinent written documents and

exhibits shall be made no later than May

30, 1995, and must be addressed to the

NRTL Recognition Program, Office of

Variance Determination, Room N 3653,

Occupational Safety and Health

Administration, U.S. Department of

Labor, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Copies of the

FMRC application, the laboratory survey

report, and all submitted comments, as

received, (Docket No. NRTL–3–93), 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

(Factory Mutual Research Corporation)

satisfies the requirements for renewal of

its recognition as an 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 of § 1910.7.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16171

Signed at Washington, DC, this 22nd day

of March 1995.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 95–7675 Filed 3–28–95; 8:45 am]

BILLING CODE 4510–26–M

[Docket No. NRTL–4–93]

Underwriters Laboratories

Incorporated

AGENCY: Occupational Safety and Health

Administration, Department of Labor.

ACTION: Notice of Application for

Renewal of Recognition as a Nationally

Recognized Testing Laboratory, and

Preliminary Finding.

SUMMARY: This notice announces the

application of the Underwriters

Laboratories Incorporated for renewal of

its recognition as a Nationally

Recognized Testing Laboratory (NRTL)

under 29 CFR 1910.7, and presents the

Agency’s preliminary finding.

DATES: The last date for interested

parties to submit comments is May 30,

1995.

ADDRESSES: Send comments 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:

NRTL Recognition Program,

Occupational Safety and Health

Administration, U.S. Department of

Labor, 200 Constitution Avenue, NW.,

Room N3653, Washington, D.C. 20210.

Notice of Application

SUPPLEMENTARY INFORMATION: Notice is

hereby given that Underwriters

Laboratories Incorporated (UL) has

made application pursuant to section

6(b) of the Occupational Safety and

Health Act of 1970, (84 Stat. 1593, 29

U.S.C. 655), Secretary of Labor’s Order

No. 1–90 (55 FR 9033), and 29 CFR

1910.7 for renewal of its recognition for

the following facilities as a Nationally

Recognized Testing Laboratory.

The addresses of the laboratories

covered by this application are:

333 Pfingsten Road, Northbrook, Illinois

60062

1285 Walt Whitman Road, Melville,

Long Island, New York 11747

1655 Scott Boulevard, Santa Clara,

California 95050

12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, North

Carolina 27709

2600 N.W. Lake Road, Camas,

Washington 98607

UL International Limited, Veristrong

Industrial Centre, Block B, 14th Floor,

34 Au Pui Wan Street, Fo Tan Sha

Tin, New Territories, Hong Kong

UL International Services, Ltd., 3rd

Floor, No. 35, Chung Yang South

Road, Section 2, Pei Tou 11237,

Taipei, Taiwan

Background

When OSHA published its standard

for NRTLs at 29 CFR 1910.7, it

temporarily recognized Underwriters

Laboratories Incorporated (UL) and

Factory Mutual Research Corporation

(FMRC). Both organizations had already

been referenced by the Occupational

Safety and Health Administration

(OSHA) as acceptable organizations for

testing or certifying certain workplace

equipment and materials. Appendix A

of section 1910.7 stated, in part, that

Underwriters Laboratories Incorporated

was recognized temporarily as a

nationally recognized testing laboratory

by the Assistant Secretary for a five-year

period from June 13, 1988 through June

13, 1993. At the end of this five-year

period UL was required to apply for

renewal of that OSHA recognition

utilizing certain specified procedures.

UL has applied for renewal of its

recognition as an NRTL within the

specified time frame (application dated

September 30, 1993) and retains

temporary recognition pending OSHA’s

final decision in this renewal process.

Application

According to the applicant,

Underwriters Laboratories Inc., is an

independent, not-for-profit product

safety certification organization, which

was founded in 1894. UL has requested

accreditation for its five major domestic

certification locations, including its

newest facility at Camas, Washington,

and two overseas subsidiaries.

Regarding the merits of the

application, the applicant contends that

it meets the requirements of 29 CFR

1910.7 for renewal of its recognition to

certify products in the areas of testing

which it has specified.

Underwriters Laboratories Inc. states

that its application demonstrates that for

each specified item of equipment or

material to be certified, it has the

capability (including proper testing

equipment and facilities, trained staff,

written testing procedures, quality

control and calibration programs) to

perform testing and examination of

equipment and materials for workplace

safety purposes to determine

conformance with appropriate product

test standards.

It also claims that it supplies, to the

extent needed for the particular

equipment or materials listed, labeled or

accepted, the following control or

services: Implementation of control

procedures for identifying UL Certified

equipment or materials; inspection of

the run of production of such items at

factories; and conducting of field

inspections.

UL states, further, that it is completely

independent of employers subject to the

tested equipment requirements and of

any manufacturers or vendors of

equipment or materials being tested for

these purposes.

The applicant maintains that it has

effective procedures for reports that are

objective and without bias; and for

handling complaints and disputes under

a fair and reasonable system.

In summary, UL claims that it has the

experience, expertise, personnel,

organization, equipment, and facilities

suitable for renewal of its accreditation

as an OSHA Nationally Recognized

Testing Laboratory.

UL’s application (Exhibit 2A)

consisted of the following segments

which, it states, demonstrate the above

claims:

Section 1—Introduction, purpose and

format; Section 2—Scope and

Application, standards sought for

recognition; Section 3—Organizational

Data, applicant’s background, history,

ownership, testing locations and

external organizations used for technical

support; Section 4—Affiliation,

statement of independence; Section 5—

Personnel, numbers and job

descriptions of and training programs

for technical staff, identification and

qualifications of key personnel; Section

6—Services Provided, services provided

certification marks, reports and records,

follow-up inspection program and

testing, and various programs involving

client participation; Section 7—Testing

Experience, testing experience,

standards writing activity, and

identification of various accreditations;

Section 8—Control Programs, quality

improvement system including Quality

Control Manual, recording and control

of data, supervision of samples, access

security system, test procedures, lab

personnel qualifications and test

equipment records, standards, codes

and regulations distribution, and

uniform requirements interpretations;

Section 9—Appeals Procedures/

Procedures and Reports, appeals system,

and product field reports; Section 10—

Test Equipment, appropriateness and

calibration of test equipment; Section

11—Facilities, size and adequacy of

each facility; and Section 12—

Supplemental Information—

representative NRTL program form.