Expansion of the Scope of NRTL Recognition of Underwriters Laboratories Inc.; Modification to the Scopes of NRTL Recognition of FM Approvals LLC, Intertek Testing Services NA Inc., and Underwriters Laboratories Inc., 77002-77005 [2010-31048]
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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Affordable Care Act
Internal Claims and Appeals and
External Review Procedures for NonGrandfathered Plans
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
The Department of Labor (the
Department), in accordance with the
Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), provides
the general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. The
Employee Benefits Security
Administration (EBSA) is soliciting
comments on the proposed extension of
the information collection provisions of
the regulations under the Patient
Protection and Affordable Care Act
(Affordable Care Act) that are discussed
below. A copy of the information
collection requests (ICRs) may be
obtained by contacting the office listed
in the ADDRESSES section of this notice.
ICRs also are available at reginfo.gov
(https://www.reginfo.gov/public/do/
PRAMain).
SUMMARY:
Written comments must be
submitted to the office shown in the
ADDRESSES section on or before
February 8, 2011.
ADDRESSES: G. Christopher Cosby,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue, NW., Washington,
DC 20210, (202) 693–8410, FAX (202)
693–4745 (these are not toll-free
numbers).
DATES:
This
notice requests public comment on the
Department’s request for extension of
the Office of Management and Budget’s
(OMB) approval of the information
collection requests (ICRs) contained in
the rule described below that relates to
the Affordable Care Act. OMB approved
the ICR under the emergency
procedures for review and clearance in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
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SUPPLEMENTARY INFORMATION:
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44 U.S.C. Chapter 35) and 5 CFR
1320.13. The Department is not
proposing any changes to the existing
ICRs at this time. An agency may not
conduct or sponsor, and a person is not
required to respond to, an information
collection unless it displays a valid
OMB control number. A summary of the
ICRs and the current burden estimates
follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Affordable Care Act Internal
Claims and Appeals and External
Review Procedures for Nongrandfathered Plans.
Type of Review: Extension without
change of a currently approved
collection of information.
OMB Number: 1210–0144.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 606,709.
Responses: 61,803.
Estimated Total Burden Hours: 263.
Estimated Total Burden Cost
(Operating and Maintenance): $242,828.
Description: The Affordable Care Act
added Public Health Service Act (PHS
Act) section 2719, which provides rules
relating to internal claims and appeals
and external review processes. On
July 23, 2010, interim final regulations
were issued implementing PHS Act
section 2719 for internal claims and
appeals and external review processes.1
With respect to internal claims and
appeals processes for group health
coverage, PHS Act section 2719 and
paragraph (b)(2)(i) of the interim final
regulations provide that group health
plans and health insurance issuers
offering group health insurance
coverage must comply with the internal
claims and appeals processes set forth
in 29 CFR 2560.503–1 (the DOL claims
procedure regulation) and update such
processes in accordance with standards
established by the Secretary of Labor in
paragraph (b)(2)(ii) of the regulations.
PHS Act section 2719 and the interim
final regulations also provide that group
health plans and issuers offering group
health insurance coverage must comply
either with a State external review
process or a Federal review process. The
regulations provide a basis for
determining when plans and issuers
must comply with an applicable State
external review process and when they
must comply with the Federal external
review process.
The claims procedure regulation
imposes information collection requests
(ICRs) as part of the reasonable
procedures that an employee benefit
plan must establish regarding the
handling of a benefit claim. These
requirements include third-party notice
and disclosure requirements that the
plan must satisfy by providing
information to participants and
beneficiaries of the plan. The ICR
currently is scheduled to expire on
February 28, 2011.
Focus of Comments
The Department of Labor
(Department) is particularly interested
in comments that:
• Evaluate whether the collections of
information are 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 collections 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
collections 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., by permitting electronic
submissions of responses.
Comments submitted in response to
this notice will be summarized and/or
included in the ICRs for OMB approval
of the extension of the information
collection; they will also become a
matter of public record.
Dated: November 29, 2010.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. 2010–31105 Filed 12–9–10; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0025]
Expansion of the Scope of NRTL
Recognition of Underwriters
Laboratories Inc.; Modification to the
Scopes of NRTL Recognition of FM
Approvals LLC, Intertek Testing
Services NA Inc., and Underwriters
Laboratories Inc.
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
This notice announces the
Occupational Safety and Health
SUMMARY:
1 75
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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices
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Administration’s final decision
expanding the recognition of
Underwriters Laboratories Inc., (UL) as
a Nationally Recognized Testing
Laboratory (NRTL) under 29 CFR
1910.7. This notice also modifies the
scopes of recognition of the following
three NRTLs: FM Approvals LLC,
Intertek Testing Services NA Inc., and
Underwriters Laboratories Inc.
DATES: The expansion of recognition
and modification to the scopes of
recognition becomes effective on
December 10, 2010.
FOR FURTHER INFORMATION CONTACT:
MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination
Activities, NRTL Program, Occupational
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–3655,
Washington, DC 20210, or phone (202)
693–2110.
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
The Occupational Safety and Health
Administration (OSHA) hereby gives
notice that it is expanding recognition of
Underwriters Laboratories Inc., (UL) as
an NRTL. UL’s expansion covers the use
of additional test standards. OSHA’s
current scope of recognition for UL is in
the following informational Web page:
https://www.osha.gov/dts/otpca/nrtl/
ul.html.
OSHA recognition of an NRTL
signifies that the organization meets the
legal requirements specified in 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition,
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products approved by the NRTL to meet
OSHA standards that require product
testing and certification.
The Agency processes applications by
an NRTL for initial recognition, or for
expansion or renewal of this
recognition, following requirements in
Appendix A to 29 CFR 1910.7. This
appendix requires that the Agency
publish two notices in the Federal
Register in processing such an
application. In the first notice, OSHA
announces the application and provides
its preliminary finding and, in the
second notice, the Agency provides its
final decision on the application. These
notices set forth the NRTL’s scope of
recognition or modifications of that
scope. OSHA maintains an
informational Web page for each NRTL
that details its scope of recognition.
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These pages are available from the Web
site at https://www.osha.gov/dts/otpca/
nrtl/. Each NRTL’s scope of
recognition has three elements: (1) The
type of products the NRTL may test,
with each type specified by its
applicable test standard; (2) the
recognized site(s) that has/have the
technical capability to perform the
testing and certification activities for
test standards within the NRTL’s scope;
and (3) the supplemental program(s)
that the NRTL may use, each of which
allows the NRTL to rely on other parties
to perform activities necessary for
product testing and certification.
UL submitted an application, dated
February 20, 2008, as an amendment to
its application for renewal of
recognition. (Ex. 2–UL expansion
application dated 2/20/2008.) This
amendment requested an expansion of
recognition to add 98 standards 1 to UL’s
scope, and to delete several test
standards from its scope. The NRTL
Program staff determined that 49 of the
requested standards are ‘‘appropriate
test standards’’ within the meaning of 29
CFR 1910.7(c). UL later modified its
request to reduce the number of the
appropriate standards to 35. (Ex. 3–UL
amended expansion application dated
2/16/2010.)
In connection with this request, NRTL
Program staff did not perform any onsite review of UL’s recognized sites. The
staff only performed a comparability
analysis,2 and recommended expansion
of UL’s recognition to include the 35
test standards. The Agency published a
preliminary notice announcing the
expansion application in the Federal
Register on April 26, 2010 (79 FR
21664). OSHA requested comments on
the notice by May 11, 2010; OSHA
received no comments in response to
this notice. OSHA now is proceeding
with this final notice to grant UL’s
expansion application.
All public documents pertaining to
the UL application are available for
review by contacting the Docket Office,
Occupational Safety and Health
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–2625, Washington, DC 20210.
These materials also are available online
at https://www.regulations.gov under
Docket No. OSHA–2009–0025.
1 UL requested recognition for ANSI/AAMI
ES60601–1:2005, but OSHA has not yet determined
whether this standard may be used by NRTLs.
OSHA will request public comment on the
suitability of this standard in an upcoming Federal
Register notice.
2 This analysis involves determining whether the
testing and evaluation requirements of test
standards already in an NRTL’s scope are
comparable to the requirements in the standards
requested by the NRTL.
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Final Decision and Order
NRTL Program staff examined UL’s
application, the comparability analysis,
and other pertinent information. Based
upon this examination and the analysis,
OSHA finds that UL meets the
requirements of 29 CFR 1910.7 for
expansion of its recognition, subject to
the limitation and conditions listed
below. Pursuant to the authority granted
by 29 CFR 1910.7, OSHA hereby
expands the recognition of UL, subject
to this limitation and these conditions.
Limitation
OSHA limits the expansion of UL’s
recognition to testing and certification
of products for demonstration of
conformance to the following test
standards, each of which OSHA
determines is an appropriate test
standard within the meaning of 29 CFR
1910.7(c):
IEEE C37.20.4 Indoor AC Switches (1
kV–38 kV) for Use in Metal-Enclosed
Switchgear a
IEEE C37.20.6 4.76 kV to 38 kV Rated
Grounding and Testing Devices Used
in Enclosures a
IEEE C37.23 Metal-Enclosed Bus a
IEEE C37.41 High-Voltage Fuses,
Distribution Enclosed Single-Pole Air
Switches, Fuse Disconnecting
Switches, and Accessories a
IEEE C37.74 Subsurface, Vault, and PadMounted Load-Interrupter Switchgear
and Fused Load-Interrupter
Switchgear for Alternating Current
Systems Up to 38 kV Switchgear a
IEEE C57.12.44 Secondary Network
Protectors a
ISA 12.12.01 Nonincendive Electrical
Equipment for Use in Class I and II,
Division 2 and Class III, Divisions 1
and 2 Hazardous (Classified)
Locations
UL 5C Surface Raceways and Fittings
for Use with Data, Signal, and Control
Circuits
UL 283 Air Fresheners and Deodorizers
UL 458 Power Converters/Inverters and
Power Converter/Inverter Systems for
Land Vehicles and Marine Crafts b
NFPA 496 Purged and Pressurized
Enclosures for Electrical Equipment
UL 852 Metallic Sprinkler Pipe for Fire
Protection Service
UL 962 Household and Commercial
Furnishings c
UL 1340 Hoists
UL 1626 Residential Sprinklers for Fire
Protection Service
UL 2225 Cables and Cable Fittings for
Use in Hazardous (Classified)
Locations
UL 2443 Flexible Sprinkler Hose with
Fittings for Fire Protection Service
UL 5085–2 Low Voltage Transformers—
Part 2: General Purpose Transformers
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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices
UL 60730–2–8 Automatic Electrical
Controls for Household and Similar
Use; Part 2: Particular Requirements
for Electrically Operated Water
Valves, Including Mechanical
Requirements
UL 60745–2–1 Particular Requirements
for Drills and Impact Drills
UL 60745–2–3 Particular Requirements
for Grinders, Polishers and Disk-Type
Sanders
UL 60745–2–11 Particular
Requirements for Reciprocating Saws
UL 60745–2–12 Particular
Requirements for Concrete Vibrators
UL 60745–2–14 Particular
Requirements for Planers
UL 60745–2–17 Particular
Requirements for Routers and
Trimmers
UL 60745–2–18 Particular
Requirements for Strapping Tools
UL 60745–2–19 Particular
Requirements for Jointers
UL 60745–2–2 Particular Requirements
for Screwdrivers and Impact
Wrenches
UL 60745–2–20 Particular
Requirements for Band Saws
UL 60745–2–21 Particular
Requirements for Drain Cleaners
UL 60745–2–4 Particular Requirements
for Sanders and Polishers Other Than
Disk Type
UL 60745–2–5 Particular Requirements
for Circular Saws
UL 60745–2–6 Particular Requirements
for Hammers
UL 60745–2–8 Particular Requirements
for Shears and Nibblers
UL 60745–2–9 Particular Requirements
for Tappers
Notes:
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a Recognition for this standard does not
apply to testing and certification of
equipment or materials used in installations
excluded from the provisions of subpart S in
29 CFR 1910 by section 1910.302(a)(2).
b OSHA limits recognition for this standard
to testing and certification of products used
within recreational vehicles and mobile
homes.
c OSHA limits recognition of this standard
to testing and certification of the electrical
devices falling within the standard’s scope.
The designations and titles of the
above test standards were current at the
time of the preparation of this notice.
OSHA limits recognition of any NRTL
for a particular test standard to
equipment or materials (i.e., products)
for which OSHA standards require
third-party testing and certification
before use of the product in the
workplace. Consequently, if a test
standard also covers any product for
which OSHA does not require such
testing and certification, an NRTL’s
scope of recognition does not include
that product.
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The American National Standards
Institute (ANSI) may approve the test
standards listed above as American
National Standards. However, for
convenience, we may use the
designation of the standards-developing
organization for the standard as opposed
to the ANSI designation. Under the
NRTL Program’s policy (see OSHA
Instruction CPL 1–0.3, Appendix C,
paragraph XIV), any NRTL recognized
for a particular test standard may use
either the proprietary version of the test
standard or the ANSI version of that
standard. Contact ANSI to determine
whether a test standard is currently
ANSI-approved.
Conditions
UL also must abide by the following
conditions of the recognition, in
addition to those conditions already
required by 29 CFR 1910.7:
1. UL must allow OSHA access to its
facilities and records to ascertain
continuing compliance with the terms
of its recognition, and to perform
investigations as OSHA deems
necessary;
2. If UL has reason to doubt the
efficacy of any test standard it is using
under this program, it must promptly
inform the test standard-developing
organization of this concern and provide
that organization with appropriate
relevant information upon which it
bases its concern;
3. UL must not engage in, or permit
others to engage in, any
misrepresentation of the scope or
conditions of its recognition. As part of
this condition, UL agrees that it will
allow no representation that it is either
a recognized or an accredited NRTL
without clearly indicating the specific
equipment or material to which this
recognition applies, and also clearly
indicating that its recognition is limited
to specific products;
4. UL must inform OSHA as soon as
possible, in writing, of any change of
ownership, facilities, or key personnel,
and of any major changes in its
operations as an NRTL, including
details of these changes;
5. UL will meet all the terms of its
recognition, and will always comply
with all OSHA policies pertaining to
this recognition; and
6. UL will continue to meet the
requirements for recognition in all areas
covered by its scope of recognition.
Issue Regarding NFPA Standards
In this notice, OSHA is modifying the
scopes of recognition of three NRTLs.
Specifically, five standards that OSHA
currently includes, to varying degrees,
in the scopes of recognition of these
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NRTLs are not ‘‘appropriate test
standards’’ under 29 CFR 1910.7(c)
because they do not primarily cover
product-safety testing. In addition,
OSHA has no requirement for NRTL
approval of the systems covered by
these standards. Consequently, OSHA is
removing the test standards from the
scopes of recognition of each affected
NRTL (see list below).
OSHA specifies a scope of recognition
for each NRTL that includes a list of
product-safety test standards that the
NRTL may use in testing and certifying
(i.e., approving) products; NRTLs must
demonstrate that the products conform
to ‘‘appropriate test standards,’’ as
defined under 29 CFR 1910.7(c).
‘‘Appropriate test standards’’ are
consensus-based product-safety test
standards developed and maintained by
U.S.-based standards-developing
organizations (SDOs). These test
standards are not OSHA standards,
which are general requirements that
employers must meet; the test standards
specify technical safety requirements
that particular types of products must
meet.
The notice for the expansion
described above also proposed the
removal of these five test standards from
each affected NRTL’s scope of
recognition. OSHA requested comments
on the notice by May 11, 2010; OSHA
received no comments in response to
this notice. OSHA now is proceeding
with this final notice modifying the
scopes of recognition of the affected
NRTLs (see list below).
OSHA will incorporate the
modifications specified by this notice
on its informational Web page for each
affected NRTL. This page details
OSHA’s official scope of recognition for
the NRTL, including the standards the
NRTL may use to certify products under
OSHA’s NRTL Program. Access to these
Web pages is available through https://
www.osha.gov/dts/otpca/nrtl/
index.html.
Modification to Each NRTL’s Scope of
Recognition: 3
3 For each test standard deleted, OSHA uses the
name as it now appears on OSHA’s informational
Web page for each NRTL. These names may differ
from the standard’s current name (i.e., name as of
the date of this notice), which are as follows:
ANSI/NFPA 11 Low-, Medium-, and HighExpansion Foam
ANSI/NFPA 12 Carbon Dioxide Extinguishing
Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing
Systems
ANSI/NFPA 16 Standard for the Installation of
Foam-Water Sprinkler and Foam-Water Spray
Systems
ANSI/NFPA 17 Dry Chemical Extinguishing
Systems
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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices
FM Approvals LLC (FM)
Deleted Test Standards:
ANSI 11 Low Expansion Foam and
Combined Agent Systems
ANSI 12 Carbon Dioxide
Extinguishing Systems
ANSI 12A Halon 1301 Fire
Extinguishing Agent Systems
ANSI 16 Deluge Foam-Water Sprinkler
and Spray Systems
ANSI 17 Dry Chemical Extinguishing
Systems
Intertek Testing Services NA, Inc.
(ITSNA)
Deleted Test Standards:
ANSI/NFPA 11 Low Expansion Foam
and Combined Agent Systems
ANSI/NFPA 12 Carbon Dioxide
Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire
Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical
Extinguishing Systems
Underwriters Laboratories Inc. (UL)
Deleted Test Standards:
ANSI/NFPA 11 Low Expansion Foam
and Combined Agent Systems
ANSI/NFPA 12 Carbon Dioxide
Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire
Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical
Extinguishing Systems
Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, 200 Constitution
Avenue, NW., Washington, DC 20210,
directed the preparation of this notice.
Accordingly, the Agency is issuing this
notice pursuant to Sections 6(b) and 8(g)
of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655 and 657),
Secretary of Labor’s Order No. 4–2010
(75 FR 55355), and 29 CFR part 1911.
Signed at Washington, DC, on December 6,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–31048 Filed 12–9–10; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
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[Notice: (10–159)]
Notice of Information Collection
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of information collection.
AGENCY:
The National Aeronautics and
Space Administration, as part of its
SUMMARY:
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continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
3506(c)(2)(A)).
DATES: All comments should be
submitted within 30 calendar days from
the date of this publication.
ADDRESSES: All comments should be
addressed to Lori Parker, National
Aeronautics and Space Administration,
Washington, DC 20546–0001.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Lori Parker, NASA
Clearance Officer, NASA Headquarters,
300 E Street, SW., JF0000, Washington,
DC 20546, (202) 358–1351,
Lori.Parker@nasa.gov.
SUPPLEMENTARY INFORMATION:
Recordkeeping and reporting are
required to ensure proper accounting of
Federal funds and property provided
under grants and cooperative
agreements with state and local
governments.
II. Method of Collection
Electronic funds transfer is used for
payment under Treasury guidance.
Submission of almost all information
required under grants or cooperative
agreements with state and local
governments, including property,
financial, performance, and financial
reports, is submitted electronically.
III. Data
Title: Grants and Cooperative
Agreements with State and Local
Governments.
OMB Number: 2700–0093.
Type of review: Revision of currently
approved collection.
Affected Public: State, Local or Tribal
Governments.
Estimated Number of Respondents:
70.
Estimated Time per Response: 10
hours for record-keeping and 1 hour for
each of different report types.
Estimated Total Annual Burden
Hours: 1370 hours.
Estimated Total Annual Cost: $0.00.
IV. Request for Comments
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of NASA, including
Frm 00056
whether the information collected has
practical utility; (2) the accuracy of
NASA’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including automated
collection techniques or the use of other
forms of information technology.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval of this information collection.
They will also become a matter of
public record.
Lori Parker,
NASA PRA Clearance Officer.
[FR Doc. 2010–31031 Filed 12–9–10; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (10–158)]
I. Abstract
PO 00000
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Notice of Information Collection
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of information collection.
AGENCY:
The National Aeronautics and
Space Administration, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
3506(c)(2)(A)).
DATES: All comments should be
submitted within 30 calendar days from
the date of this publication.
ADDRESSES: All comments should be
addressed to Lori Parker, National
Aeronautics and Space Administration,
Washington, DC 20546–0001.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Lori Parker, NASA PRA
Officer, NASA Headquarters, 300 E
Street, SW., JF0000, Washington, DC
20546, (202) 358–1351,
Lori.Parker@nasa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
Grantees and cooperative agreement
partners are required to submit new
technology reports indicating new
inventions and patents.
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]]>Agencies
[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Pages 77002-77005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31048]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0025]
Expansion of the Scope of NRTL Recognition of Underwriters
Laboratories Inc.; Modification to the Scopes of NRTL Recognition of FM
Approvals LLC, Intertek Testing Services NA Inc., and Underwriters
Laboratories Inc.
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice announces the Occupational Safety and Health
[[Page 77003]]
Administration's final decision expanding the recognition of
Underwriters Laboratories Inc., (UL) as a Nationally Recognized Testing
Laboratory (NRTL) under 29 CFR 1910.7. This notice also modifies the
scopes of recognition of the following three NRTLs: FM Approvals LLC,
Intertek Testing Services NA Inc., and Underwriters Laboratories Inc.
DATES: The expansion of recognition and modification to the scopes of
recognition becomes effective on December 10, 2010.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or phone (202) 693-2110.
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that it is expanding recognition of Underwriters
Laboratories Inc., (UL) as an NRTL. UL's expansion covers the use of
additional test standards. OSHA's current scope of recognition for UL
is in the following informational Web page: https://www.osha.gov/dts/otpca/nrtl/ul.html.
OSHA recognition of an NRTL signifies that the organization meets
the legal requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing such an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages are
available from the Web site at https://www.osha.gov/dts/otpca/nrtl/. Each NRTL's scope of recognition has three elements: (1)
The type of products the NRTL may test, with each type specified by its
applicable test standard; (2) the recognized site(s) that has/have the
technical capability to perform the testing and certification
activities for test standards within the NRTL's scope; and (3) the
supplemental program(s) that the NRTL may use, each of which allows the
NRTL to rely on other parties to perform activities necessary for
product testing and certification.
UL submitted an application, dated February 20, 2008, as an
amendment to its application for renewal of recognition. (Ex. 2-UL
expansion application dated 2/20/2008.) This amendment requested an
expansion of recognition to add 98 standards \1\ to UL's scope, and to
delete several test standards from its scope. The NRTL Program staff
determined that 49 of the requested standards are ``appropriate test
standards'' within the meaning of 29 CFR 1910.7(c). UL later modified
its request to reduce the number of the appropriate standards to 35.
(Ex. 3-UL amended expansion application dated 2/16/2010.)
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\1\ UL requested recognition for ANSI/AAMI ES60601-1:2005, but
OSHA has not yet determined whether this standard may be used by
NRTLs. OSHA will request public comment on the suitability of this
standard in an upcoming Federal Register notice.
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In connection with this request, NRTL Program staff did not perform
any on-site review of UL's recognized sites. The staff only performed a
comparability analysis,\2\ and recommended expansion of UL's
recognition to include the 35 test standards. The Agency published a
preliminary notice announcing the expansion application in the Federal
Register on April 26, 2010 (79 FR 21664). OSHA requested comments on
the notice by May 11, 2010; OSHA received no comments in response to
this notice. OSHA now is proceeding with this final notice to grant
UL's expansion application.
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\2\ This analysis involves determining whether the testing and
evaluation requirements of test standards already in an NRTL's scope
are comparable to the requirements in the standards requested by the
NRTL.
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All public documents pertaining to the UL application are available
for review by contacting the Docket Office, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room N-2625, Washington, DC 20210. These materials also
are available online at https://www.regulations.gov under Docket No.
OSHA-2009-0025.
Final Decision and Order
NRTL Program staff examined UL's application, the comparability
analysis, and other pertinent information. Based upon this examination
and the analysis, OSHA finds that UL meets the requirements of 29 CFR
1910.7 for expansion of its recognition, subject to the limitation and
conditions listed below. Pursuant to the authority granted by 29 CFR
1910.7, OSHA hereby expands the recognition of UL, subject to this
limitation and these conditions.
Limitation
OSHA limits the expansion of UL's recognition to testing and
certification of products for demonstration of conformance to the
following test standards, each of which OSHA determines is an
appropriate test standard within the meaning of 29 CFR 1910.7(c):
IEEE C37.20.4 Indoor AC Switches (1 kV-38 kV) for Use in Metal-Enclosed
Switchgear \a\
IEEE C37.20.6 4.76 kV to 38 kV Rated Grounding and Testing Devices Used
in Enclosures \a\
IEEE C37.23 Metal-Enclosed Bus \a\
IEEE C37.41 High-Voltage Fuses, Distribution Enclosed Single-Pole Air
Switches, Fuse Disconnecting Switches, and Accessories \a\
IEEE C37.74 Subsurface, Vault, and Pad-Mounted Load-Interrupter
Switchgear and Fused Load-Interrupter Switchgear for Alternating
Current Systems Up to 38 kV Switchgear \a\
IEEE C57.12.44 Secondary Network Protectors \a\
ISA 12.12.01 Nonincendive Electrical Equipment for Use in Class I and
II, Division 2 and Class III, Divisions 1 and 2 Hazardous (Classified)
Locations
UL 5C Surface Raceways and Fittings for Use with Data, Signal, and
Control Circuits
UL 283 Air Fresheners and Deodorizers
UL 458 Power Converters/Inverters and Power Converter/Inverter Systems
for Land Vehicles and Marine Crafts \b\
NFPA 496 Purged and Pressurized Enclosures for Electrical Equipment
UL 852 Metallic Sprinkler Pipe for Fire Protection Service
UL 962 Household and Commercial Furnishings \c\
UL 1340 Hoists
UL 1626 Residential Sprinklers for Fire Protection Service
UL 2225 Cables and Cable Fittings for Use in Hazardous (Classified)
Locations
UL 2443 Flexible Sprinkler Hose with Fittings for Fire Protection
Service
UL 5085-2 Low Voltage Transformers--Part 2: General Purpose
Transformers
[[Page 77004]]
UL 60730-2-8 Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Electrically Operated Water
Valves, Including Mechanical Requirements
UL 60745-2-1 Particular Requirements for Drills and Impact Drills
UL 60745-2-3 Particular Requirements for Grinders, Polishers and Disk-
Type Sanders
UL 60745-2-11 Particular Requirements for Reciprocating Saws
UL 60745-2-12 Particular Requirements for Concrete Vibrators
UL 60745-2-14 Particular Requirements for Planers
UL 60745-2-17 Particular Requirements for Routers and Trimmers
UL 60745-2-18 Particular Requirements for Strapping Tools
UL 60745-2-19 Particular Requirements for Jointers
UL 60745-2-2 Particular Requirements for Screwdrivers and Impact
Wrenches
UL 60745-2-20 Particular Requirements for Band Saws
UL 60745-2-21 Particular Requirements for Drain Cleaners
UL 60745-2-4 Particular Requirements for Sanders and Polishers Other
Than Disk Type
UL 60745-2-5 Particular Requirements for Circular Saws
UL 60745-2-6 Particular Requirements for Hammers
UL 60745-2-8 Particular Requirements for Shears and Nibblers
UL 60745-2-9 Particular Requirements for Tappers
Notes:
\a\ Recognition for this standard does not apply to testing and
certification of equipment or materials used in installations
excluded from the provisions of subpart S in 29 CFR 1910 by section
1910.302(a)(2).
\b\ OSHA limits recognition for this standard to testing and
certification of products used within recreational vehicles and
mobile homes.
\c\ OSHA limits recognition of this standard to testing and
certification of the electrical devices falling within the
standard's scope.
The designations and titles of the above test standards were
current at the time of the preparation of this notice.
OSHA limits recognition of any NRTL for a particular test standard
to equipment or materials (i.e., products) for which OSHA standards
require third-party testing and certification before use of the product
in the workplace. Consequently, if a test standard also covers any
product for which OSHA does not require such testing and certification,
an NRTL's scope of recognition does not include that product.
The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.
Conditions
UL also must abide by the following conditions of the recognition,
in addition to those conditions already required by 29 CFR 1910.7:
1. UL must allow OSHA access to its facilities and records to
ascertain continuing compliance with the terms of its recognition, and
to perform investigations as OSHA deems necessary;
2. If UL has reason to doubt the efficacy of any test standard it
is using under this program, it must promptly inform the test standard-
developing organization of this concern and provide that organization
with appropriate relevant information upon which it bases its concern;
3. UL must not engage in, or permit others to engage in, any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, UL agrees that it will allow no representation
that it is either a recognized or an accredited NRTL without clearly
indicating the specific equipment or material to which this recognition
applies, and also clearly indicating that its recognition is limited to
specific products;
4. UL must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
changes in its operations as an NRTL, including details of these
changes;
5. UL will meet all the terms of its recognition, and will always
comply with all OSHA policies pertaining to this recognition; and
6. UL will continue to meet the requirements for recognition in all
areas covered by its scope of recognition.
Issue Regarding NFPA Standards
In this notice, OSHA is modifying the scopes of recognition of
three NRTLs. Specifically, five standards that OSHA currently includes,
to varying degrees, in the scopes of recognition of these NRTLs are not
``appropriate test standards'' under 29 CFR 1910.7(c) because they do
not primarily cover product-safety testing. In addition, OSHA has no
requirement for NRTL approval of the systems covered by these
standards. Consequently, OSHA is removing the test standards from the
scopes of recognition of each affected NRTL (see list below).
OSHA specifies a scope of recognition for each NRTL that includes a
list of product-safety test standards that the NRTL may use in testing
and certifying (i.e., approving) products; NRTLs must demonstrate that
the products conform to ``appropriate test standards,'' as defined
under 29 CFR 1910.7(c). ``Appropriate test standards'' are consensus-
based product-safety test standards developed and maintained by U.S.-
based standards-developing organizations (SDOs). These test standards
are not OSHA standards, which are general requirements that employers
must meet; the test standards specify technical safety requirements
that particular types of products must meet.
The notice for the expansion described above also proposed the
removal of these five test standards from each affected NRTL's scope of
recognition. OSHA requested comments on the notice by May 11, 2010;
OSHA received no comments in response to this notice. OSHA now is
proceeding with this final notice modifying the scopes of recognition
of the affected NRTLs (see list below).
OSHA will incorporate the modifications specified by this notice on
its informational Web page for each affected NRTL. This page details
OSHA's official scope of recognition for the NRTL, including the
standards the NRTL may use to certify products under OSHA's NRTL
Program. Access to these Web pages is available through https://www.osha.gov/dts/otpca/nrtl/.
Modification to Each NRTL's Scope of Recognition: \3\
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\3\ For each test standard deleted, OSHA uses the name as it now
appears on OSHA's informational Web page for each NRTL. These names
may differ from the standard's current name (i.e., name as of the
date of this notice), which are as follows:
ANSI/NFPA 11 Low-, Medium-, and High-Expansion Foam
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Systems
ANSI/NFPA 16 Standard for the Installation of Foam-Water
Sprinkler and Foam-Water Spray Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems
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[[Page 77005]]
FM Approvals LLC (FM)
Deleted Test Standards:
ANSI 11 Low Expansion Foam and Combined Agent Systems
ANSI 12 Carbon Dioxide Extinguishing Systems
ANSI 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI 16 Deluge Foam-Water Sprinkler and Spray Systems
ANSI 17 Dry Chemical Extinguishing Systems
Intertek Testing Services NA, Inc. (ITSNA)
Deleted Test Standards:
ANSI/NFPA 11 Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems
Underwriters Laboratories Inc. (UL)
Deleted Test Standards:
ANSI/NFPA 11 Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems
Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Sections
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR
55355), and 29 CFR part 1911.
Signed at Washington, DC, on December 6, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-31048 Filed 12-9-10; 8:45 am]
BILLING CODE 4510-26-P
