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]

Download as PDF 77002 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 (http://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, mstockstill on DSKH9S0YB1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 18:39 Dec 09, 2010 Jkt 223001 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 PO 00000 FR 43330. Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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: http://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. VerDate Mar<15>2010 18:39 Dec 09, 2010 Jkt 223001 These pages are available from the Web site at http://www.osha.gov/dts/otpca/ nrtl/index.html. 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 http://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. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 77003 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 E:\FR\FM\10DEN1.SGM 10DEN1 77004 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: mstockstill on DSKH9S0YB1PROD with NOTICES 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. VerDate Mar<15>2010 18:39 Dec 09, 2010 Jkt 223001 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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 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 http:// 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 E:\FR\FM\10DEN1.SGM 10DEN1 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 mstockstill on DSKH9S0YB1PROD with NOTICES [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: VerDate Mar<15>2010 18:39 Dec 09, 2010 Jkt 223001 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 77005 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10DEN1.SGM 10DEN1

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]


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 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.

-----------------------------------------------------------------------

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: http://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 http://www.osha.gov/dts/otpca/nrtl/index.html. 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 http://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 http://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 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

---------------------------------------------------------------------------

[[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