Occupational Safety and Health Administration

[Docket No. NRTL-2-89]

American Gas Association Laboratories

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Notice of Expansion of Current Recognition as a Nationally Recognized Testing Laboratory.

SUMMARY: This notice announces the Agency's final decision on the American Gas Association Laboratories' application for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Office of Variance Determination, NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, Third Street and Constitution Avenue NW., room N3653, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

The American Gas Association Laboratories (AGA) previously 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 recognition pursuant to 29 CFR 1910.7, for recognition as a Nationally Recognized Testing Laboratory (see 54 FR 48166, 11/21/89), and was so recognized (see 55 FR 23312, 6/7/90).

Notice is hereby given that AGA's recognition as a Nationally Recognized Testing Laboratory has been expanded to include the thirty-eight test standards (product categories) listed below.

Copies of all pertinent documents (Docket No. NRTL-2-89), are available for inspection and duplication at the Docket Office, Room N-2634, Occupational Safety and Health Administration, U.S. Department of Labor, Third Street and Constitution Avenue NW., Washington, DC 20210.

The addresses of the laboratories covered by this expansion of recognition are: American Gas Association Laboratories, Cleveland Laboratory, 8501 East Pleasant Valley Road, Independence (Cleveland), Ohio 44131; and, American Gas Association Laboratories, Los Angeles Branch Laboratory, 1425 Grande Vista Avenue, Los Angeles, California 90023.

Final Decision and Order

Because the test standards AGA requested in its application for expansion of its accreditation were in a category different from those for which it was originally accredited, an on-site evaluation of the Cleveland Laboratory [Ex. 6A(1)] and a follow-up survey of the Los Angeles Branch Laboratory [Ex. 6A(2)] were conducted. The results were discussed with the applicant who responded with appropriate corrective action and clarification to the comments and recommendations made as a result of the survey of the Cleveland Laboratory [Ex. 6B]. The final on-site review report [Ex. 6] and the OSHA staff recommendation were subsequently forwarded to the Assistant Secretary for a preliminary finding on the application. A notice of AGA's application together with a positive preliminary finding was published in the Federal Register on September 3, 1993 (58 FR 47000-47001). Interested parties were invited to submit comments.

There were no responses to the Federal Register notice of the AGA application and preliminary finding (Docket No. NRTL-2-89).

Based upon the facts found as part of the American Gas Association Laboratories original recognition, including details of necessary test equipment, procedures, and special apparatus of facilities needed, adequacy of staff, the application(s) and documentation submitted by the applicant (see Exhibit 5), the OSHA staff finding including the original on-site review report, as well as the evaluation of the current request (see Exhibit 6), OSHA finds that the American Gas Association Laboratories has met the requirements of 29 CFR 1910.7 for expansion of its present recognition to test and certify certain equipment or materials.

Pursuant to the authority in 29 CFR 1910.7, the American Gas Association Laboratories recognition is hereby expanded to include the 38 additional test standards (product categories) cited below, subject to the conditions listed below. This recognition is limited to equipment or materials which, under 29 CFR part 1910, require testing, listing, labeling, approval, acceptance, or certification by a Nationally Recognized Testing Laboratory. This recognition is limited to the use of the following 38 additional test standards for the testing and certification of equipment or materials included within the scope of these standards.

AGA has stated that these standards are used to test equipment or materials which can be used in environments under OSHA's jurisdiction, and OSHA has determined that they are appropriate within the meaning of 29 CFR 1910.7(c).

Note - Testing and certification of gas operated equipment is limited to equipment for use with "liquefied petroleum gas" ("LPG" or "LP-Gas").

The American Gas Association Laboratories must also abide by the following conditions of this expansion of its recognition, in addition to those already required by 29 CFR 1910.7:

This recognition does not apply to any aspect of any program which: (1) Is available only to qualified manufacturers and is based upon the NRTL's evaluation and accreditation of the manufacturer's quality assurance program; or (2) makes use of reciprocal testing from another non-NRTL.

The Occupational Safety and Health Administration shall be allowed access to AGA's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If AGA 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;

AGA 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, AGA 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;

AGA shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

AGA will continue to meet the requirements for recognition in all areas where it has been recognized; and

AGA will always cooperate with OSHA to assure compliance with the letter as well as the spirit of its recognition and 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on March 3, 1994, and will be valid until June 7, 1995, (a period of five years from the date of the original recognition, June 7, 1990), unless terminated prior to that date, in accordance with 29 CFR 1910.7.

Signed at Washington, DC this 25th day of February, 1994.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 94-4896 Filed 3-2-94; 8:45 am]