Proposed Revision of Policy for Incorporating New Test Standards Into the List of Appropriate NRTL Program Test Standards, 70349-70352 [2013-28093]
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Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Notices
Note 2: OSHA believes the replacement
test standard is comparable to the withdrawn
test standard. Moreover, OSHA already
includes the replacement test standard in the
NRTL’s scope of recognition. Therefore, no
further demonstration of capability is
necessary at this time.
Note 3: OSHA believes the replacement
test standard is comparable to the withdrawn
test standard. Therefore, OSHA is
incorporating the replacement test standard
into the NRTLs’ scopes of recognition
without requiring the NRTL to further
demonstrate capability, as specified by 29
CFR 1910.7(b)(1).
VI. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor’s Order No.
1–2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.
Signed at Washington, DC, on November
19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–28091 Filed 11–22–13; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0012]
Proposed Revision of Policy for
Incorporating New Test Standards Into
the List of Appropriate NRTL Program
Test Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA proposes
to: (1) Revise its existing policies
regarding the incorporation of new test
standards into the Nationally
Recognized Testing Laboratory (NRTL)
Program’s list of appropriate test
standards and into NRTLs’ scopes of
recognition; and (2) incorporate new test
standards into the NRTL Program’s list
of appropriate test standards.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
December 26, 2013. All submissions
must bear a postmark or provide other
evidence of the submission date.
ADDRESSES:
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SUMMARY:
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Electronically: Tender submissions
electronically to the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the
instructions online for making
electronic submissions.
Facsimile: If submissions, including
attachments, are not longer than 10
pages, commenters may fax them to the
OSHA Docket Office at (202) 693–1648.
Regular or express mail, hand
delivery, or messenger (courier) service:
Tender submissions to the OSHA
Docket Office, Docket No. OSHA–2013–
0012, Technical Data Center, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room N–2625,
Washington, DC 20210; telephone: (202)
693–2350 (TTY number: (877) 889–
5627). Note that security procedures
may result in significant delays in
receiving submissions sent by regular
mail. Contact the OSHA Docket Office
for information about security
procedures concerning delivery of
materials by regular or express mail,
hand delivery, or messenger (courier)
service. The hours of operation for the
OSHA Docket Office are 8:15 a.m.–4:45
p.m., e.t.
Instructions: All submissions must
include the Agency name and the
docket number for this notice (OSHA–
2013–0012). OSHA places comments
and other materials, including any
personal information, in the public
docket without revision, and these
materials may be available online at
https://www.regulations.gov. Therefore,
the Agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or to the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
PO 00000
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70349
telephone: (202) 693–1999; email:
Meilinger.francis2@dol.gov.
General and technical information:
Contact David Johnson, Director, Office
of Technical Programs and Coordination
Activities, Directorate of Technical
Support and Emergency Management,
Occupational Safety and Health
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
telephone: (202) 693–2110; email:
johnson.david.w@dol.gov. OSHA’s Web
page includes information about the
NRTL Program (see https://
www.osha.gov/otpca/nrtl/).
Copies of the Federal Register
notice: Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This Federal
Register notice, as well as other relevant
information, is also available on OSHA’s
Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRTL Program recognizes
organizations that provide productsafety testing and certification services
to manufacturers. These organizations
perform testing and certification, for
purposes of the Program, to U.S.
consensus-based product-safety test
standards. OSHA does not develop or
issue these test standards, but generally
relies on U.S. standards-development
organizations (SDOs) accredited by the
American National Standards Institute
(ANSI). The products covered by the
NRTL Program consist of those items for
which OSHA safety standards require
‘‘certification’’ by an NRTL. The
requirements affect electrical products
and 38 other types of products.
OSHA recognition of an organization
as an NRTL signifies that the
organization meets the legal
requirements in the NRTL Program
regulations at 29 CFR 1910.7 and the
NRTL Program policies in CPL 1–0.3,
‘‘NRTL Program Policies, Procedures,
and Guidelines,’’ December 2, 1999
(‘‘Directive’’). Recognition is an
acknowledgement by OSHA that the
NRTL has the capabilities to perform
independent safety testing and
certification of the specific products
covered within the NRTL’s scope of
recognition. Recognition of an NRTL by
OSHA also allows employers to use
products certified by that NRTL to meet
those OSHA standards that require
product testing and certification (29
CFR 1910.7(a)).
An NRTL’s scope of recognition
consists, in part, of specific test
standard(s) approved by OSHA for use
by the NRTL. Pursuant to the NRTL
Program regulations, the NRTL must
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first request to have a test standard
included in its scope of recognition.
OSHA will grant the NRTL’s request
only if the NRTL has the capability to
test and examine equipment 1 and
materials for workplace safety purposes
and to determine conformance with the
test standard for each relevant item of
equipment or material that it lists,
labels, or accepts (29 CFR 1910.7(b)(1)).
Capability includes proper testing
equipment and facilities, trained staff,
written testing procedures, calibration
programs, and quality-control programs.
An organization’s recognition as an
NRTL is, therefore, not for products, but
for appropriate test standards covering a
type of product(s) (29 CFR 1910.7(b)(1)).
For OSHA to consider a test standard
appropriate, the test standard must be
current and specify the safety
requirements for a specific type of
product(s) (29 CFR 1910.7(c)). A test
standard withdrawn by an SDO is no
longer considered an appropriate test
standard (Directive, App. C.XIV.B). It is
OSHA’s policy to remove recognition of
withdrawn test standards by issuing a
correction notice in the Federal Register
for all NRTLs recognized for the
withdrawn test standards. However,
OSHA will recognize an NRTL for an
appropriate replacement test standard if
the NRTL has the requisite testing and
evaluation capability for implementing
the replacement test standard.
One method that NRTLs may use to
show such capability involves an
analysis to determine whether any
testing and evaluation requirements of
existing test standards in an NRTL’s
scope are comparable (i.e., are
completely or substantially identical) to
the requirements in the replacement test
standard. If OSHA’s analysis shows the
replacement test standard does not
require additional or different technical
capability than an existing test standard,
the replacement test standard is
comparable to the existing test standard,
and OSHA can add the replacement test
standard to affected NRTLs’ scopes of
recognition.
If OSHA’s analysis shows the
replacement test standard requires an
additional or different technical
capability than any existing test
standard, then the replacement test
standard is not comparable to any
existing test standard. In such cases (i.e.,
when test standards are not
comparable), each affected NRTL that
seeks to have OSHA add the
replacement test standard to the NRTL’s
scope of recognition must provide
1 In this notice, OSHA uses the terms
‘‘equipment’’ and ‘‘product’’ or ‘‘products’’
interchangeably.
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information to OSHA that demonstrates
its testing and evaluation capability to
implement that standard.
II. Proposed Revisions to Existing
OSHA Policy
A. Proposed Revision to Existing Policy
for Incorporating New Test Standards
Into the NRTL Program’s List of
Appropriate Test Standards
OSHA proposes to revise its existing
policy regarding the incorporation of
new test standards into the NRTL
Program’s list of appropriate test
standards. Pursuant to OSHA’s existing
policy, OSHA incorporates test
standards into the list of appropriate test
standards only when OSHA processes
an NRTL’s application for recognition
(either initial or expansion), or when
OSHA incorporates into an NRTL’s
scope of recognition a comparable
replacement test standard for a
withdrawn test standard (Directive,
Chapter 2; App. C.XIV.B). OSHA
believes that the existing policy delays
the acceptance process for valid test
standards. OSHA believes the proposed
revisions to the existing policy will
expedite incorporation of new test
standards into the NRTL Program’s list
of appropriate test standards and into
NRTLs’ scopes of recognition, and is
seeking public comment on the
proposed revisions.
OSHA becomes aware of new test
standards through various avenues. For
example, OSHA becomes aware of new
test standards by: (1) Monitoring
notifications issued by certain SDOs; (2)
reviewing applications by NRTLs or
applicants seeking recognition to
include a new test standard in their
scopes of recognition; and (3) obtaining
notification from manufacturers,
manufacturing organizations, other
government agencies, or other parties
that a new test standard may be
appropriate to add to its list of
appropriate standards. Accordingly,
OSHA is proposing to expand the
existing process whereby it incorporates
new test standards into the NRTL
Program’s list of appropriate test
standards. Under the proposed policy,
OSHA would not only include new test
standards in its list of appropriate test
standards under the conditions
described by its existing policy, but
would include new test standards in the
list when OSHA determines that such
test standards are appropriate to add to
the list. OSHA may determine to
include a new test standard in the list,
for example, if the test standard is for a
particular type of product that another
test standard also covers, covers a type
of product that no standard previously
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covered, or be otherwise new to the
NRTL Program.
Under the proposed policy, OSHA
first would make a preliminary
determination that the new test standard
is appropriate under the NRTL Program
regulations (29 CFR 1910.7(c)). The
Agency then would periodically issue a
Federal Register notice proposing to
include new test standards that it
identifies as appropriate in its list of
appropriate test standards. When test
standards are withdrawn by an SDO,
OSHA also may propose in a Federal
Register notice that new test standards
replace withdrawn test standards in
NRTLs’ scopes of recognition. After
OSHA publishes the preliminary
determination in a Federal Register
notice, it would give the public an
opportunity to comment and, after
reviewing these comments and other
record evidence, would issue, in the
Federal Register, a final determination.
B. Proposed Revision to Policy for
Expanding NRTLs’ Scopes of
Recognition
Under existing OSHA policy, an
NRTL must apply for an expansion of
recognition, pursuant to the procedures
in 29 CFR 1910.7, App. A, if the NRTL
wants OSHA to incorporate into its
scope of recognition a replacement test
standard that is not comparable to a test
standard that OSHA is removing from
that NRTL’s scope of recognition
because, for example, an SDO withdrew
the test standard. OSHA is proposing to
modify this policy to provide for an
abbreviated recognition process that
allows NRTLs currently recognized for
the standard being replaced to submit to
OSHA, in lieu of an application for
expansion, only information that
demonstrates that the NRTL has the
capability to perform the testing and
evaluation required in the areas of the
replacement test standard that are not
equivalent or comparable to the
standard being replaced. OSHA notes
that this new policy would apply only
when OSHA is removing a withdrawn
test standard from an NRTL’s scope of
recognition. If OSHA does not currently
recognize an NRTL for the standard
being replaced, that NRTL could only
obtain recognition for the replacement
test standard by filing an application to
expand the NRTL’s scope of recognition
as provided for by 29 CFR 1910.7,
App. A.
Therefore, under the new policy,
when OSHA becomes aware of a
replacement test standard that is not
comparable to a test standard that
OSHA is removing from an NRTL’s
scope of recognition, OSHA would
invite that NRTL, via email or letter, to
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submit specified information that OSHA
believes demonstrates the requisite
testing and evaluation capability. OSHA
would include, in the letter or email, a
comparability table for the replacement
test standard that details proposed
substantive differences between the
existing and replacement test standards
that OSHA believes the NRTL must
address for OSHA to recognize the
NRTL for the replacement standard.
OSHA would follow the procedures
specified by 29 CFR 1910.7, App. A, in
determining whether it should
incorporate the replacement test
standard into the affected NRTL’s scope
of recognition. Thus, OSHA would issue
a preliminary determination in the
Federal Register, provide the public an
opportunity to comment on the
preliminary determination, and, after
reviewing the comments and other
record evidence, issue a final
determination in the Federal Register
on whether it will incorporate the
replacement test standard into the
affected NRTL’s scope of recognition. In
making a preliminary or final
determination, OSHA also would follow
other applicable procedures specified by
29 CFR 1910.7, App. A, such as
requesting additional information,
conducting appropriate on-site reviews,
or initiating special reviews. OSHA
believes the proposed policy would
expedite the recognition process of
70351
replacement test standards issued by
SDOs. OSHA seeks comment on this
proposed policy.
III. Proposal To Add Test Standards to
the NRTL Program’s List of
Appropriate Test Standards
Table 1, below, lists test standards
that are new to the NRTL Program.
OSHA preliminarily determined that
these test standards are appropriate test
standards and, pursuant to its proposed
policy discussed above in this Federal
Register notice, proposes to include
these test standards in the NRTL
Program’s list of appropriate test
standards. OSHA seeks public comment
on this preliminary determination.
TABLE 1—TEST STANDARDS OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST
STANDARDS
Test standard
Test standard title
AAMI ES 60601–1 .....
Medical Electrical Equipment—Part 1–2: General requirements for Basic Safety and Essential Performance—Collateral
Standard: Electromagnetic Compatibility (third edition).
Explosive Atmospheres—Part 0: Equipment—General Requirements.
Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘‘d’’.
Explosive Atmospheres—Part 2: Equipment Protection by Pressurized Enclosures ‘‘p’’.
Explosive Atmospheres—Part 5: Equipment Protection by Powder Filling ‘‘q’’.
Explosive Atmospheres—Part 6: Equipment Protection by Oil Immersion ‘‘o’’.
Explosive Atmospheres—Part 7: Equipment Protection by Increased Safety ‘‘e’’.
Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety ‘‘i’’.
Explosive Atmospheres—Part 15: Equipment Protection by Type of Protection ‘‘n’’.
Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘‘m’’.
Explosive Atmospheres—Part 26: Equipment for Use in Class I, Zone 0 Hazardous (Classified) Locations.
Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation.
Explosive Atmospheres—Part 31: Equipment Dust Ignition Protection by Enclosure ‘‘t’’.
Electrical Apparatus for Use in Zone 20, Zone 21 and Zone 22 Hazardous (Classified) Locations—General Requirements.
Electrical Apparatus for Use in Zone 21 and Zone 22 Hazardous (Classified) Locations—Protection by Enclosures ‘‘tD’’.
Electrical Apparatus for Use in Zone 21 and Zone 22 Hazardous (Classified) Locations—Protection by Pressurization
‘‘pD’’.
Electrical Apparatus for Use in Zone 20, Zone 21 and Zone 22 Hazardous (Classified) Locations—Protection by Intrinsic
Safety ‘‘iD’’.
Electrical Apparatus for Use in Zone 20, Zone 21 and Zone 22 Hazardous (Classified) Locations—Protection by Encapsulation ‘‘mD’’.
Enclosures for Electrical Equipment, Environmental Considerations.
Residential Fire Pumps Intended for One- and Two-Family Dwellings and Manufactured Homes.
Stationary, Rotary-Type, Positive-Displacement Pumps for Fire Protection Service.
Furniture Power Distribution Units.
Rotating Electrical Machines—General Requirements.
Medium-Voltage Transfer Switches.
Single Pole Locking-Type Separable Connectors.
Nonmetallic Underground Conduit with Conductors.
February 27, 2004 Low Voltage Lighting Systems.
Solvent Distillation Units.
Cable Assemblies and Fittings for Industrial Control and Signal Distribution.
Hardware for the Support of Conduit, Tubing, and Cable.
Outdoor Seasonal-Use Cord-Connected Wiring Devices.
Emergency Call Systems for Assisted Living and Independent Living Facilities.
Mass Notification Systems.
Suspended Ceiling Grid Low Voltage Systems and Equipment.
Hose Nozzle Valves.
Induction Power Transmitters and Receivers for Use with Low Energy Products.
Small Wind Turbine Systems.
Equipment Used for System Isolation and Rated as a Single Unit.
Explosive Atmospheres—Part 0: Equipment—General requirements.
Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘d’.
Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety ‘i’.
Explosive Atmospheres—Part 15: Equipment Protection by Type of Protection ‘n’.
Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘‘m’’.
Explosive Atmospheres—Part 5: Equipment Protection by Powder Filling ‘q’.
Explosive Atmospheres—Part 6: Equipment Protection by Oil Immersion ‘o’.
ISA
ISA
ISA
ISA
ISA
ISA
ISA
ISA
ISA
ISA
ISA
ISA
ISA
60079–0 ..............
60079–1 ..............
60079–2 ..............
60079–5 ..............
60079–6 ..............
60079–7 ..............
60079–11 ............
60079–15 ............
60079–18 ............
60079–26 ............
60079–28 ............
60079–31 ............
61241–0 ..............
ISA 61241–1 ..............
ISA 61241–2 ..............
ISA 61241–11 ............
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ISA 61241–18 ............
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
50E ......................
448B ....................
448C ....................
962A ....................
1004–1 .................
1008A ..................
1691 .....................
1990 .....................
2108 .....................
2208 .....................
2238 .....................
2239 .....................
2438 .....................
2560 .....................
2572 .....................
2577 .....................
2586 .....................
2738 .....................
6142 .....................
6420 .....................
60079–0 ...............
60079–1 ...............
60079–11 .............
60079–15 .............
60079–18 .............
60079–5 ...............
60079–6 ...............
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TABLE 1—TEST STANDARDS OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST
STANDARDS—Continued
Test standard
Test standard title
UL 60079–7 ...............
UL 60335–2–40 .........
Explosive Atmospheres—Part 7: Equipment Protection by Increased Safety ‘e’.
Household and Similar Electrical Appliances, Part 2: Particular Requirements for Electrical Heat Pumps, Air-Conditioners
and Dehumidifiers.
Automatic Electrical Controls for Household and Similar Use; Part 2 Particular Requirements for Thermal Motor Protectors.
Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–1: Particular Requirements for Drills and Impact Drills.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–13: Particular Requirements For Chain Saws.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–14: Particular Requirements for Planers.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–15: Particular Requirements for Hedge Trimmers.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–17: Particular Requirements for Routers and Trimmers.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–19: Particular Requirements For Jointers.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–21: Particular Requirements For Drain Cleaners.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–22: Particular Requirements For Cut-Off Machines.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–3: Particular Requirements for Grinders, Polishers and DiskType Sanders.
Hand-Held Motor-Operated Electric Tools—Safety—Part 2–5: Particular Requirements for Circular Saws.
Low Voltage Switchgear and Controlgear—Part 4–1: Contactors and Motor-starters-Electromechanical Contractors and
Motor-starters.
Low-voltage Switchgear and Controlgear—Part 5–2: Control Circuit Devices and Switching Elements—Proximity Switches.
Information Technology Equipment Safety—Part 1: General Requirements.
Information Technology Equipment—Safety—Part 21: Remote Power Feeding.
Information Technology Equipment Safety—Part 22: Equipment to be Installed Outdoors.
Information Technology Equipment Safety—Part 23: Large Data Storage Equipment.
Electrical Equipment for Measurement, Control, and Laboratory Use; Part 031: Safety Requirements for Hand-Held
Probe Assemblies for Electrical Measurement and Test.
Electrical Equipment for Measurement, Control, and Laboratory Use; Part 1: General Requirements.
Safety Requirements for Electrical Equipment for Measurement, Control, and Laboratory Use—Part 2–030: Particular
Requirements for Testing and Measuring Circuits.
Switches for Appliances—Part 1: General Requirements.
Adjustable Speed Electrical Power Drive Systems—Part 5–1: Safety Requirements—Electrical, Thermal and Energy.
Cable Management Systems—Cable Ties for Electrical Installations.
Audio/Video, Information and Communication Technology Equipment—Part 1: Safety Requirements.
UL 60730–2–2 ...........
UL
UL
UL
UL
UL
UL
UL
UL
UL
UL
60745–1 ...............
60745–2–1 ...........
60745–2–13 .........
60745–2–14 .........
60745–2–15 .........
60745–2–17 .........
60745–2–19 .........
60745–2–21 .........
60745–2–22 .........
60745–2–3 ...........
UL 60745–2–5 ...........
UL 60947–4–1A ........
UL 60947–5–2 ...........
UL
UL
UL
UL
UL
60950–1 ...............
60950–21 .............
60950–22 .............
60950–23 .............
61010–031 ...........
UL 61010–1 ...............
UL 61010–2–030 .......
UL
UL
UL
UL
61058–1 ...............
61800–5–1 ...........
62275 ...................
62368–1 ...............
V. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor’s Order No.
1–2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.
Signed at Washington, DC, on November
19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–28093 Filed 11–22–13; 8:45 am]
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BILLING CODE 4510–26–P
NATIONAL LABOR RELATIONS
BOARD
Notice of Appointments of Individuals
to Serve as Members of Performance
Review Boards
AGENCY:
National Labor Relations
Board.
VerDate Mar<15>2010
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The National Labor Relations
Board is issuing this notice that the
individuals whose names and position
titles appear below have been appointed
to serve as members of performance
review boards in the National Labor
Relations Board for the rating year
beginning October 1, 2012 and ending
September 30, 2013.
ACTION:
Jkt 232001
Gary
Shinners, Executive Secretary, National
Labor Relations Board, 1099 14th Street
NW., Washington, DC 20570, (202) 273–
3737 (this is not a toll-free number), 1–
866–315–6572 (TTY/TDD).
FOR FURTHER INFORMATION CONTACT:
By Direction of the Board.
William B. Cowen,
Solicitor.
[FR Doc. 2013–28153 Filed 11–22–13; 8:45 am]
Authority: 5 U.S.C. 4314(c)(4).
BILLING CODE 7545–01–P
Name and Title
Kathleen A. Nixon—Deputy Chief
Counsel to the Chairman
Gary W. Shinners—Executive Secretary
William B. Cowen—Solicitor
Robert Schiff—Executive Assistant to
the Chairman
Anne G. Purcell—Associate General
Counsel, Division of Operations
Management
Linda Dreeben—Deputy Associate
General Counsel, Division of
Enforcement Litigation
John H. Ferguson—Associate General
Counsel, Division of Enforcement
Litigation
Barry J. Kearney—Associate General
Counsel, Division of Advice
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Notice of Government in the Sunshine
Regular Board of Directors Meeting
3:30 p.m., Monday,
December 2, 2013.
PLACE: NeighborWorks America—
Gramlich Boardroom, 999 North Capitol
Street NE., Washington DC 20002.
STATUS: Open.
CONTACT PERSON: Jeffrey Bryson,
General Counsel/Secretary, (202) 760–
4101; jbryson@nw.org.
AGENDA:
TIME AND DATE:
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70349-70352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28093]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0012]
Proposed Revision of Policy for Incorporating New Test Standards
Into the List of Appropriate NRTL Program Test Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA proposes to: (1) Revise its existing
policies regarding the incorporation of new test standards into the
Nationally Recognized Testing Laboratory (NRTL) Program's list of
appropriate test standards and into NRTLs' scopes of recognition; and
(2) incorporate new test standards into the NRTL Program's list of
appropriate test standards.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before December 26, 2013. All submissions must bear a postmark or
provide other evidence of the submission date.
ADDRESSES:
Electronically: Tender submissions electronically to the Federal
eRulemaking Portal at https://www.regulations.gov. Follow the
instructions online for making electronic submissions.
Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
Regular or express mail, hand delivery, or messenger (courier)
service: Tender submissions to the OSHA Docket Office, Docket No. OSHA-
2013-0012, Technical Data Center, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone:
(202) 693-2350 (TTY number: (877) 889-5627). Note that security
procedures may result in significant delays in receiving submissions
sent by regular mail. Contact the OSHA Docket Office for information
about security procedures concerning delivery of materials by regular
or express mail, hand delivery, or messenger (courier) service. The
hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m.,
e.t.
Instructions: All submissions must include the Agency name and the
docket number for this notice (OSHA-2013-0012). OSHA places comments
and other materials, including any personal information, in the public
docket without revision, and these materials may be available online at
https://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or to the OSHA Docket Office
at the address above. All documents in the docket are listed in the
https://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: Meilinger.francis2@dol.gov.
General and technical information: Contact David Johnson, Director,
Office of Technical Programs and Coordination Activities, Directorate
of Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210; telephone: (202) 693-
2110; email: johnson.david.w@dol.gov. OSHA's Web page includes
information about the NRTL Program (see https://www.osha.gov/otpca/nrtl/).
Copies of the Federal Register notice: Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as other relevant information, is
also available on OSHA's Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRTL Program recognizes organizations that provide product-
safety testing and certification services to manufacturers. These
organizations perform testing and certification, for purposes of the
Program, to U.S. consensus-based product-safety test standards. OSHA
does not develop or issue these test standards, but generally relies on
U.S. standards-development organizations (SDOs) accredited by the
American National Standards Institute (ANSI). The products covered by
the NRTL Program consist of those items for which OSHA safety standards
require ``certification'' by an NRTL. The requirements affect
electrical products and 38 other types of products.
OSHA recognition of an organization as an NRTL signifies that the
organization meets the legal requirements in the NRTL Program
regulations at 29 CFR 1910.7 and the NRTL Program policies in CPL 1-
0.3, ``NRTL Program Policies, Procedures, and Guidelines,'' December 2,
1999 (``Directive''). Recognition is an acknowledgement by OSHA that
the NRTL has the capabilities to perform independent safety testing and
certification of the specific products covered within the NRTL's scope
of recognition. Recognition of an NRTL by OSHA also allows employers to
use products certified by that NRTL to meet those OSHA standards that
require product testing and certification (29 CFR 1910.7(a)).
An NRTL's scope of recognition consists, in part, of specific test
standard(s) approved by OSHA for use by the NRTL. Pursuant to the NRTL
Program regulations, the NRTL must
[[Page 70350]]
first request to have a test standard included in its scope of
recognition. OSHA will grant the NRTL's request only if the NRTL has
the capability to test and examine equipment \1\ and materials for
workplace safety purposes and to determine conformance with the test
standard for each relevant item of equipment or material that it lists,
labels, or accepts (29 CFR 1910.7(b)(1)). Capability includes proper
testing equipment and facilities, trained staff, written testing
procedures, calibration programs, and quality-control programs. An
organization's recognition as an NRTL is, therefore, not for products,
but for appropriate test standards covering a type of product(s) (29
CFR 1910.7(b)(1)).
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\1\ In this notice, OSHA uses the terms ``equipment'' and
``product'' or ``products'' interchangeably.
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For OSHA to consider a test standard appropriate, the test standard
must be current and specify the safety requirements for a specific type
of product(s) (29 CFR 1910.7(c)). A test standard withdrawn by an SDO
is no longer considered an appropriate test standard (Directive, App.
C.XIV.B). It is OSHA's policy to remove recognition of withdrawn test
standards by issuing a correction notice in the Federal Register for
all NRTLs recognized for the withdrawn test standards. However, OSHA
will recognize an NRTL for an appropriate replacement test standard if
the NRTL has the requisite testing and evaluation capability for
implementing the replacement test standard.
One method that NRTLs may use to show such capability involves an
analysis to determine whether any testing and evaluation requirements
of existing test standards in an NRTL's scope are comparable (i.e., are
completely or substantially identical) to the requirements in the
replacement test standard. If OSHA's analysis shows the replacement
test standard does not require additional or different technical
capability than an existing test standard, the replacement test
standard is comparable to the existing test standard, and OSHA can add
the replacement test standard to affected NRTLs' scopes of recognition.
If OSHA's analysis shows the replacement test standard requires an
additional or different technical capability than any existing test
standard, then the replacement test standard is not comparable to any
existing test standard. In such cases (i.e., when test standards are
not comparable), each affected NRTL that seeks to have OSHA add the
replacement test standard to the NRTL's scope of recognition must
provide information to OSHA that demonstrates its testing and
evaluation capability to implement that standard.
II. Proposed Revisions to Existing OSHA Policy
A. Proposed Revision to Existing Policy for Incorporating New Test
Standards Into the NRTL Program's List of Appropriate Test Standards
OSHA proposes to revise its existing policy regarding the
incorporation of new test standards into the NRTL Program's list of
appropriate test standards. Pursuant to OSHA's existing policy, OSHA
incorporates test standards into the list of appropriate test standards
only when OSHA processes an NRTL's application for recognition (either
initial or expansion), or when OSHA incorporates into an NRTL's scope
of recognition a comparable replacement test standard for a withdrawn
test standard (Directive, Chapter 2; App. C.XIV.B). OSHA believes that
the existing policy delays the acceptance process for valid test
standards. OSHA believes the proposed revisions to the existing policy
will expedite incorporation of new test standards into the NRTL
Program's list of appropriate test standards and into NRTLs' scopes of
recognition, and is seeking public comment on the proposed revisions.
OSHA becomes aware of new test standards through various avenues.
For example, OSHA becomes aware of new test standards by: (1)
Monitoring notifications issued by certain SDOs; (2) reviewing
applications by NRTLs or applicants seeking recognition to include a
new test standard in their scopes of recognition; and (3) obtaining
notification from manufacturers, manufacturing organizations, other
government agencies, or other parties that a new test standard may be
appropriate to add to its list of appropriate standards. Accordingly,
OSHA is proposing to expand the existing process whereby it
incorporates new test standards into the NRTL Program's list of
appropriate test standards. Under the proposed policy, OSHA would not
only include new test standards in its list of appropriate test
standards under the conditions described by its existing policy, but
would include new test standards in the list when OSHA determines that
such test standards are appropriate to add to the list. OSHA may
determine to include a new test standard in the list, for example, if
the test standard is for a particular type of product that another test
standard also covers, covers a type of product that no standard
previously covered, or be otherwise new to the NRTL Program.
Under the proposed policy, OSHA first would make a preliminary
determination that the new test standard is appropriate under the NRTL
Program regulations (29 CFR 1910.7(c)). The Agency then would
periodically issue a Federal Register notice proposing to include new
test standards that it identifies as appropriate in its list of
appropriate test standards. When test standards are withdrawn by an
SDO, OSHA also may propose in a Federal Register notice that new test
standards replace withdrawn test standards in NRTLs' scopes of
recognition. After OSHA publishes the preliminary determination in a
Federal Register notice, it would give the public an opportunity to
comment and, after reviewing these comments and other record evidence,
would issue, in the Federal Register, a final determination.
B. Proposed Revision to Policy for Expanding NRTLs' Scopes of
Recognition
Under existing OSHA policy, an NRTL must apply for an expansion of
recognition, pursuant to the procedures in 29 CFR 1910.7, App. A, if
the NRTL wants OSHA to incorporate into its scope of recognition a
replacement test standard that is not comparable to a test standard
that OSHA is removing from that NRTL's scope of recognition because,
for example, an SDO withdrew the test standard. OSHA is proposing to
modify this policy to provide for an abbreviated recognition process
that allows NRTLs currently recognized for the standard being replaced
to submit to OSHA, in lieu of an application for expansion, only
information that demonstrates that the NRTL has the capability to
perform the testing and evaluation required in the areas of the
replacement test standard that are not equivalent or comparable to the
standard being replaced. OSHA notes that this new policy would apply
only when OSHA is removing a withdrawn test standard from an NRTL's
scope of recognition. If OSHA does not currently recognize an NRTL for
the standard being replaced, that NRTL could only obtain recognition
for the replacement test standard by filing an application to expand
the NRTL's scope of recognition as provided for by 29 CFR 1910.7, App.
A.
Therefore, under the new policy, when OSHA becomes aware of a
replacement test standard that is not comparable to a test standard
that OSHA is removing from an NRTL's scope of recognition, OSHA would
invite that NRTL, via email or letter, to
[[Page 70351]]
submit specified information that OSHA believes demonstrates the
requisite testing and evaluation capability. OSHA would include, in the
letter or email, a comparability table for the replacement test
standard that details proposed substantive differences between the
existing and replacement test standards that OSHA believes the NRTL
must address for OSHA to recognize the NRTL for the replacement
standard. OSHA would follow the procedures specified by 29 CFR 1910.7,
App. A, in determining whether it should incorporate the replacement
test standard into the affected NRTL's scope of recognition. Thus, OSHA
would issue a preliminary determination in the Federal Register,
provide the public an opportunity to comment on the preliminary
determination, and, after reviewing the comments and other record
evidence, issue a final determination in the Federal Register on
whether it will incorporate the replacement test standard into the
affected NRTL's scope of recognition. In making a preliminary or final
determination, OSHA also would follow other applicable procedures
specified by 29 CFR 1910.7, App. A, such as requesting additional
information, conducting appropriate on-site reviews, or initiating
special reviews. OSHA believes the proposed policy would expedite the
recognition process of replacement test standards issued by SDOs. OSHA
seeks comment on this proposed policy.
III. Proposal To Add Test Standards to the NRTL Program's List of
Appropriate Test Standards
Table 1, below, lists test standards that are new to the NRTL
Program. OSHA preliminarily determined that these test standards are
appropriate test standards and, pursuant to its proposed policy
discussed above in this Federal Register notice, proposes to include
these test standards in the NRTL Program's list of appropriate test
standards. OSHA seeks public comment on this preliminary determination.
Table 1--Test Standards OSHA Is Proposing To Add to the NRTL Program's
List of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
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AAMI ES 60601-1.................. Medical Electrical Equipment--Part 1-
2: General requirements for Basic
Safety and Essential Performance--
Collateral Standard: Electromagnetic
Compatibility (third edition).
ISA 60079-0...................... Explosive Atmospheres--Part 0:
Equipment--General Requirements.
ISA 60079-1...................... Explosive Atmospheres--Part 1:
Equipment Protection by Flameproof
Enclosures ``d''.
ISA 60079-2...................... Explosive Atmospheres--Part 2:
Equipment Protection by Pressurized
Enclosures ``p''.
ISA 60079-5...................... Explosive Atmospheres--Part 5:
Equipment Protection by Powder
Filling ``q''.
ISA 60079-6...................... Explosive Atmospheres--Part 6:
Equipment Protection by Oil
Immersion ``o''.
ISA 60079-7...................... Explosive Atmospheres--Part 7:
Equipment Protection by Increased
Safety ``e''.
ISA 60079-11..................... Explosive Atmospheres--Part 11:
Equipment Protection by Intrinsic
Safety ``i''.
ISA 60079-15..................... Explosive Atmospheres--Part 15:
Equipment Protection by Type of
Protection ``n''.
ISA 60079-18..................... Explosive Atmospheres--Part 18:
Equipment Protection by
Encapsulation ``m''.
ISA 60079-26..................... Explosive Atmospheres--Part 26:
Equipment for Use in Class I, Zone 0
Hazardous (Classified) Locations.
ISA 60079-28..................... Explosive Atmospheres--Part 28:
Protection of Equipment and
Transmission Systems Using Optical
Radiation.
ISA 60079-31..................... Explosive Atmospheres--Part 31:
Equipment Dust Ignition Protection
by Enclosure ``t''.
ISA 61241-0...................... Electrical Apparatus for Use in Zone
20, Zone 21 and Zone 22 Hazardous
(Classified) Locations--General
Requirements.
ISA 61241-1...................... Electrical Apparatus for Use in Zone
21 and Zone 22 Hazardous
(Classified) Locations--Protection
by Enclosures ``tD''.
ISA 61241-2...................... Electrical Apparatus for Use in Zone
21 and Zone 22 Hazardous
(Classified) Locations--Protection
by Pressurization ``pD''.
ISA 61241-11..................... Electrical Apparatus for Use in Zone
20, Zone 21 and Zone 22 Hazardous
(Classified) Locations--Protection
by Intrinsic Safety ``iD''.
ISA 61241-18..................... Electrical Apparatus for Use in Zone
20, Zone 21 and Zone 22 Hazardous
(Classified) Locations--Protection
by Encapsulation ``mD''.
UL 50E........................... Enclosures for Electrical Equipment,
Environmental Considerations.
UL 448B.......................... Residential Fire Pumps Intended for
One- and Two-Family Dwellings and
Manufactured Homes.
UL 448C.......................... Stationary, Rotary-Type, Positive-
Displacement Pumps for Fire
Protection Service.
UL 962A.......................... Furniture Power Distribution Units.
UL 1004-1........................ Rotating Electrical Machines--General
Requirements.
UL 1008A......................... Medium-Voltage Transfer Switches.
UL 1691.......................... Single Pole Locking-Type Separable
Connectors.
UL 1990.......................... Nonmetallic Underground Conduit with
Conductors.
UL 2108.......................... February 27, 2004 Low Voltage
Lighting Systems.
UL 2208.......................... Solvent Distillation Units.
UL 2238.......................... Cable Assemblies and Fittings for
Industrial Control and Signal
Distribution.
UL 2239.......................... Hardware for the Support of Conduit,
Tubing, and Cable.
UL 2438.......................... Outdoor Seasonal-Use Cord-Connected
Wiring Devices.
UL 2560.......................... Emergency Call Systems for Assisted
Living and Independent Living
Facilities.
UL 2572.......................... Mass Notification Systems.
UL 2577.......................... Suspended Ceiling Grid Low Voltage
Systems and Equipment.
UL 2586.......................... Hose Nozzle Valves.
UL 2738.......................... Induction Power Transmitters and
Receivers for Use with Low Energy
Products.
UL 6142.......................... Small Wind Turbine Systems.
UL 6420.......................... Equipment Used for System Isolation
and Rated as a Single Unit.
UL 60079-0....................... Explosive Atmospheres--Part 0:
Equipment--General requirements.
UL 60079-1....................... Explosive Atmospheres--Part 1:
Equipment Protection by Flameproof
Enclosures `d'.
UL 60079-11...................... Explosive Atmospheres--Part 11:
Equipment Protection by Intrinsic
Safety `i'.
UL 60079-15...................... Explosive Atmospheres--Part 15:
Equipment Protection by Type of
Protection `n'.
UL 60079-18...................... Explosive Atmospheres--Part 18:
Equipment Protection by
Encapsulation ``m''.
UL 60079-5....................... Explosive Atmospheres--Part 5:
Equipment Protection by Powder
Filling `q'.
UL 60079-6....................... Explosive Atmospheres--Part 6:
Equipment Protection by Oil
Immersion `o'.
[[Page 70352]]
UL 60079-7....................... Explosive Atmospheres--Part 7:
Equipment Protection by Increased
Safety `e'.
UL 60335-2-40.................... Household and Similar Electrical
Appliances, Part 2: Particular
Requirements for Electrical Heat
Pumps, Air-Conditioners and
Dehumidifiers.
UL 60730-2-2..................... Automatic Electrical Controls for
Household and Similar Use; Part 2
Particular Requirements for Thermal
Motor Protectors.
UL 60745-1....................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 1: General
Requirements.
UL 60745-2-1..................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-1: Particular
Requirements for Drills and Impact
Drills.
UL 60745-2-13.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-13: Particular
Requirements For Chain Saws.
UL 60745-2-14.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-14: Particular
Requirements for Planers.
UL 60745-2-15.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-15: Particular
Requirements for Hedge Trimmers.
UL 60745-2-17.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-17: Particular
Requirements for Routers and
Trimmers.
UL 60745-2-19.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-19: Particular
Requirements For Jointers.
UL 60745-2-21.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-21: Particular
Requirements For Drain Cleaners.
UL 60745-2-22.................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-22: Particular
Requirements For Cut-Off Machines.
UL 60745-2-3..................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-3: Particular
Requirements for Grinders, Polishers
and Disk-Type Sanders.
UL 60745-2-5..................... Hand-Held Motor-Operated Electric
Tools--Safety--Part 2-5: Particular
Requirements for Circular Saws.
UL 60947-4-1A.................... Low Voltage Switchgear and
Controlgear--Part 4-1: Contactors
and Motor-starters-Electromechanical
Contractors and Motor-starters.
UL 60947-5-2..................... Low-voltage Switchgear and
Controlgear--Part 5-2: Control
Circuit Devices and Switching
Elements--Proximity Switches.
UL 60950-1....................... Information Technology Equipment
Safety--Part 1: General
Requirements.
UL 60950-21...................... Information Technology Equipment--
Safety--Part 21: Remote Power
Feeding.
UL 60950-22...................... Information Technology Equipment
Safety--Part 22: Equipment to be
Installed Outdoors.
UL 60950-23...................... Information Technology Equipment
Safety--Part 23: Large Data Storage
Equipment.
UL 61010-031..................... Electrical Equipment for Measurement,
Control, and Laboratory Use; Part
031: Safety Requirements for Hand-
Held Probe Assemblies for Electrical
Measurement and Test.
UL 61010-1....................... Electrical Equipment for Measurement,
Control, and Laboratory Use; Part 1:
General Requirements.
UL 61010-2-030................... Safety Requirements for Electrical
Equipment for Measurement, Control,
and Laboratory Use--Part 2-030:
Particular Requirements for Testing
and Measuring Circuits.
UL 61058-1....................... Switches for Appliances--Part 1:
General Requirements.
UL 61800-5-1..................... Adjustable Speed Electrical Power
Drive Systems--Part 5-1: Safety
Requirements--Electrical, Thermal
and Energy.
UL 62275......................... Cable Management Systems--Cable Ties
for Electrical Installations.
UL 62368-1....................... Audio/Video, Information and
Communication Technology Equipment--
Part 1: Safety Requirements.
------------------------------------------------------------------------
V. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on November 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-28093 Filed 11-22-13; 8:45 am]
BILLING CODE 4510-26-P
