American Gas Association Laboratories

DEPARTMENT OF LABOR

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.

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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).

UL 125--Valves for Anhydrous Ammonia and LP-Gas (Other Than Safety

Relief)

UL 132--Safety Relief Valves for Anhydrous Ammonia and LP-Gas

ANSI/UL 144--Pressure Regulating Valves for LP-Gas

ANSI/UL 147--LP- and MPS-Gas Torches

ANSI/UL 174--Household Electric Storage-Tank Water Heaters

ANSI/UL 197--Commercial Electric Cooking Appliances

ANSI/UL 244A--Solid-State Controls for Appliances

ANSI/UL 296--Oil Burners

ANSI/UL 353--Limit Controls

ANSI/UL 372--Primary Safety Controls for Gas- and Oil-Fired

Appliances

UL 378--Draft Equipment

ANSI/UL 429--Electrically Operated Valves

ANSI/UL 465--Central Cooling Air Conditioners

ANSI/UL 484--Room Air Conditioners

ANSI/UL 560--Electric Home-Laundry Equipment

ANSI/UL 726--Oil-Fired Boiler Assemblies

ANSI/UL 727--Oil-Fired Central Furnaces

ANSI/UL 729--Oil-Fired Floor Furnaces

ANSI/UL 730--Oil-Fired Wall Furnaces

ANSI/UL 731--Oil-Fired Unit Heaters

UL 732--Oil-Fired Water Heaters

UL 733--Oil-Fired Air Heaters and Direct-Fired Heaters

UL 795--Commercial-Industrial Gas-Heating Equipment

ANSI/UL 834--Heating, Water Supply, and Power Boilers--Electric

ANSI/UL 858--Household Electric Ranges

UL 858A--Safety-Related Solid-State Controls for Household Electric

Ranges

ANSI/UL 873--Temperature-Indicating and -Regulating Equipment

UL 991--Tests of Safety-Related Controls Employing Solid-State

Devices

ANSI/UL 1020--Thermal Cutoffs for Use in Electrical Appliances and

Components

ANSI/UL 1025--Electric Air Heaters

ANSI/UL 1042--Electric Baseboard Heating Equipment

ANSI/UL 1054--Special-Use Switches

ANSI/UL 1096--Electric Central Air-Heating Equipment

UL 1240--Electric Commercial Clothes-Drying Equipment

ANSI/UL 1261--Electric Water Heaters for Pools and Tubs

ANSI/UL 1453--Electric Booster and Commercial Storage Tank Water

Heaters

ANSI/UL 1484--Residential Gas Detectors

ANSI/UL 1556--Electric Coin-Operated Clothes-Drying Equipment

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]

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