Revision of OSHA's Policy for Incorporating New Test Standards Into the List of Appropriate NRTL Program Test Standards, 17188-17193 [2014-06807]

Download as PDF 17188 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices Family of one 13,221 13,476 13,604 13,619 13,792 14,469 14,898 15,049 15,068 15,176 15,258 15,745 15,836 15,976 15,982 16,070 16,307 16,438 17,235 17,666 18,044 18,569 18,900 19,261 Family of two Family of three 21,671 22,091 22,292 22,328 22,598 23,706 24,420 24,664 24,694 24,869 25,003 25,800 25,951 26,170 26,195 26,336 26,724 26,927 28,235 28,949 29,560 30,419 30,965 31,564 29,745 30,318 30,603 30,641 31,017 32,542 33,523 33,850 33,905 34,144 34,329 35,410 35,622 35,930 35,955 36,160 36,682 36,971 38,767 39,734 40,585 41,765 42,508 43,327 Eric Seleznow, Acting Assistant Secretary for Employment and Training Administration. [FR Doc. 2014–06748 Filed 3–26–14; 8:45 am] BILLING CODE 4510–FT–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2013–0012] Revision of OSHA’s Policy for Incorporating New Test Standards Into the List of Appropriate NRTL Program Test Standards Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of final decision. AGENCY: In this notice, OSHA revises 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 incorporates 72 test standards into the NRTL Program’s list of appropriate test standards. DATES: The actions contained in this notice will become effective on March 27, 2014. 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; tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 Family of four 36,720 37,425 37,771 37,829 38,293 40,170 41,374 41,787 41,849 42,151 42,378 43,714 43,968 44,351 44,387 44,629 45,279 45,635 47,851 49,048 50,100 51,552 52,479 53,485 43,331 44,169 44,572 44,646 45,196 47,411 48,830 49,317 49,390 49,740 50,008 51,588 51,891 52,340 52,377 52,670 53,439 53,855 56,470 57,886 59,121 60,836 61,928 63,116 telephone: (202) 693–1999; email: meilinger.francis2@dol.gov. General and technical information: Contact Mr. 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. Copies of this Federal Register notice: Electronic copies of this Federal Register notice are available at http:// www.regulations.gov. This Federal Register notice, as well as other relevant information, is also available on OSHA’s Web page at http://www.osha.gov. SUPPLEMENTARY INFORMATION: I. Background OSHA recognizes organizations that provide product-safety testing and certification services to manufacturers. These organizations perform testing and certification, for purposes of the NRTL 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. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Family of five Family of six 50,684 51,648 52,130 52,215 52,858 55,439 57,096 57,670 57,764 58,177 58,490 60,335 60,683 61,208 61,265 61,591 62,497 62,986 66,046 67,688 69,138 71,152 72,431 73,813 OSHA recognition of an organization as an NRTL signifies that the organization meets the legal requirements in OSHA 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 OSHA regulations, the NRTL must 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 1 In this notice, OSHA uses the terms ‘‘equipment’’ and ‘‘product’’ or ‘‘products’’ interchangeably. E:\FR\FM\27MRN1.SGM 27MRN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices 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 acceptance 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. In a November 25, 2013, Federal Register notice (78 FR 70349), OSHA proposed: (1) Revising its existing policies regarding the incorporation of new test standards into the NRTL Program’s list of appropriate test standards and into NRTLs’ scopes of recognition; and (2) incorporating new test standards into the NRTL Program’s list of appropriate test standards. The comment period for the public to submit comments on these proposed actions ended on December 26, 2013. OSHA received four comments filed in a timely manner (OSHA–2013–0012– VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 0006, OSHA–2013–0012–0007, OSHA– 2013–0012–0008, OSHA–2013–0012– 0009), and one comment filed after the comment period closed (OSHA–2013– 0012–0010), on its proposal. All comments are available for viewing at www.regulations.gov under docket number OSHA–2013–0012. In this finaldecision notice, OSHA addresses these comments and adopts its proposal with limited revision that reflects some commenters’ concerns. OSHA describes the proposal, comments, and its final decision in more detail below. II. Final Decision Revising Existing OSHA Policy A. Revision to Existing Policy for Incorporating New Test Standards Into the NRTL Program’s List of Appropriate Test Standards In the November 25, 2013 Federal Register notice, OSHA proposed revising 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, and proposed revising the existing policy to expedite incorporation of new test standards into the NRTL Program’s list of appropriate test standards and into NRTLs’ scopes of recognition. 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 proposed 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 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 17189 policy, but would include new test standards in the list when OSHA determined 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 an SDO withdraws test standards, 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. No commenter objected to this proposed policy revision. The National Electrical Manufacturers Association (NEMA) and Underwriters Laboratories, Inc. (UL), expressed support for the proposed policy (OSHA–2013–0012– 0008, OSHA–2013–0012–0009). Therefore, OSHA hereby revises the policy, as proposed. NEMA asked that OSHA include the effective dates of test standards in its list of appropriate test standards (OSHA– 2013–0012–0008). In explaining this comment, NEMA asserted that manufacturers and NRTLs use the time between the publication and effective dates of a test standard to become informed of the new requirements. While this might be the case, OSHA currently does not evaluate test standards with future effective dates for use in the NRTL Program. OSHA accepts a test standard as appropriate only after the effective date of the standard. NEMA stated further that, in determining whether a test standard is appropriate, OSHA should ‘‘continue to rely primarily on U.S. standards developers accredited by the American National Standards Institute (ANSI),’’ which ‘‘provides reasonable assurance that the standard is a good standard and likely to have wide use;’’. NEMA then stated that OSHA ‘‘should only consider standards developed by organizations E:\FR\FM\27MRN1.SGM 27MRN1 17190 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices considered to be primary sources that are known to produce universally acceptable standards representing good design.’’ OSHA considers the appropriateness of test standards on a case-by-case basis. OSHA notes, however, that the NRTL Program regulation constrains its discretion in this area; this regulation requires that, for OSHA to accept a test standard, the test standard must, at a minimum, ‘‘provide an adequate level of safety’’ (29 CFR 1910.7(d)). Also pursuant to the regulation, OSHA generally accepts test standards developed by SDOs accredited by ANSI (29 CFR 1910.7(c)). ANSI accreditation ensures that the SDO meets the criteria required in the regulation for OSHA to consider a test standard appropriate.2 tkelley on DSK3SPTVN1PROD with NOTICES B. 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 predecessor test standard. In the November 25, 2013, Federal Register notice, OSHA proposed modifying this policy to provide for an abbreviated recognition process that allows NRTLs currently recognized for the predecessor standard 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. Therefore, under the new policy, when OSHA becomes aware of a replacement test standard that is not comparable to a test standard that 2 The NRTL Program regulation provides that an ‘‘appropriate test standard’’ is ‘‘a document which specifies the safety requirements for specific equipment or class of equipment and is: (1) [r]ecognized in the United States as a safety standard providing an adequate level of safety, and (2) [c]ompatible with and maintained current with periodic revisions of applicable national codes and installation standards, and (3) [d]eveloped by a standards developing organization under a method providing for input and consideration of views of industry groups, experts, users, consumers, governmental authorities, and others having broad experience in the safety field involved, or (4) [i]n lieu of paragraphs (c) (1), (2), and (3), the standard is currently designated as an American National Standards Institute (ANSI) safety-designated product standard or an American Society for Testing and Materials (ASTM) test standard used for evaluation of products or materials’’ (29 CFR 1910.7(c)). VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 OSHA is removing from an NRTL’s scope of recognition, OSHA would invite that NRTL, via email or letter, to 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. OSHA then 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. No commenter objected to the proposed policy revision. UL expressed support for the proposed revision (OSHA–2013–0012–0009). In its comments, UL asked that OSHA further revise its policy to allow the use of the proposed abbreviated recognition process for new test standards that have no relation to predecessor test standards currently in an NRTL’s scope of recognition (as opposed to replacement test standards that would replace predecessor test standards that OSHA is removing from the NRTL’s scope of recognition). UL revised the language in the proposed policy, in part, as follows: [W]hen an NRTL seeks the addition of a new standard to its current scope of recognition, the NRTL may submit specified information that demonstrates it has the requisite testing and evaluation capability based on standards in its current scope of recognition. The specified information would include reference to existing standards in the NRTL’s scope that require the capabilities needed for the new standard. If necessary, the NRTL would also identify substantive differences in needed capability between the PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 new standard and existing test standards in its scope of recognition. The NRTL would provide information about its capabilities for those substantive differences based on the current OSHA NRTL application for scope expansion. (Id.) According to UL, OSHA should require the application process specified by 29 CFR 1910.7, App. A, only ‘‘[f]or the rare situations where an NRTL wishes to expand into new standards where it has little or none of the needed capabilities’’ (id.). OSHA is not adopting UL’s revised language. Accordingly, the key aspects of OSHA’s new policy are that OSHA can now initiate the recognition process when it becomes aware of a replacement test standard that is not comparable to a test standard that it is removing from an NRTL’s scope of recognition, and OSHA will inform the NRTL, in the first instance, of 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. Under UL’s revised language, the NRTL, not OSHA, would initiate the recognition process, and the NRTL, not OSHA, would inform OSHA of its capability to perform the test standard. UL’s revised language would not, therefore, significantly expedite the recognition process for new test standards because UL’s revised language is substantially similar to the existing application process. Neither OSHA’s new policy, nor UL’s revised language, would permit the NRTL to avoid key procedural requirements of the application process. Indeed, UL agrees, stating in its revised language that ‘‘OSHA would follow the procedures specified by 29 CFR 1910.7, App. A, in determining whether it should incorporate the new test standard into the NRTL’s scope of recognition’’ (id.). UL stated further in its revised language, similar to what OSHA states in its new policy, that ‘‘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 new test standard into the affected NRTL’s scope of recognition,’’ and ‘‘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’’ (id.). E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices OSHA notes also that its new policy preserves an NRTL’s rights, under existing procedures, to file an application for recognition of new or replacement test standards. Moreover, OSHA currently allows NRTLs, through the existing application process, to provide comparability assessments as an abbreviated method to demonstrate an NRTL’s capability to meet the requirements of an appropriate test standard. Using this process, the NRTL provides a detailed explanation of comparability as part of its application for the test standard. Therefore, UL’s revised language is unnecessary. III. Final Decision Adding Test Standards to the NRTL Program’s List of Appropriate Test Standards Table 1, below, lists test standards that OSHA is adding to the NRTL Program under the new policy. OSHA preliminarily determined, as specified in the November 25, 2013, Federal Register notice (see 78 FR 70349), that these test standards are appropriate test standards and proposed to include these test standards in the NRTL Program’s list of appropriate test standards. No commenter objected to the proposal to include these test standards in the NRTL Program’s list of appropriate test standards. UL and NEMA expressed support for the proposal (OSHA–2013–0012–0008, OSHA–2013–0012–0009). OSHA, therefore, with one minor revision discussed in the following paragraph, is making a final determination that these test standards are appropriate test standards, and, therefore, is adding these test standards to the NRTL Program’s list of appropriate test standards. In the proposal, OSHA described one test standard as AAMI ES 60601–1, ‘‘Medical Electrical Equipment—Part 1– 2: General requirements for Basic Safety and Essential Performance-Collateral Standard: Electromagnetic Compatibility (third edition).’’ Several commenters stated that OSHA listed the incorrect designation and title for this test standard (OSHA–2013–0012–0006, OSHA–2013–0012–0007, OSHA–2013– 0012–0009). OSHA concurs with these commenters and, in the final table, describes the test standard as ‘‘ANSI/ AAMI ES60601–1:2005/(R)2012, Medical electrical equipment, Part 1: 17191 General requirements for basic safety and essential performance (with amendments).’’ Mr. Dale Hallerberg stated that the list of appropriate standards should include, in addition to ANSI/AAMI ES60601–1:2005/(R)2012, standards that are collateral to ANSI/AAMIE ES60601– 1:2005/(R)2012, such as ANSI/AAMI ES60601–1–2 through ANSI/AAMI ES60601–1–12 (OSHA–2013–0012– 0007). Moreover, UL asked that OSHA consider incorporating 13 additional test standards in the NRTL Program’s list of appropriate test standards (OSHA–2013–0012–0009). Finally, the Crane Power Line Safety Organization (CPLSO), in a late-filed comment, asked OSHA to consider incorporating CPLSO 14, which addresses testing crane insulating-link devices, in the NRTL Program’s list of appropriate test standards (OSHA–2013–0012–0010). These recommended additions are beyond the scope of the present action. OSHA will, however, consider whether these recommended additions are appropriate test standards when it proposes additions to the list of appropriate test standards in a future Federal Register notice. TABLE 1—TEST STANDARDS OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS Test standard Test standard title ANSI/AAMI ES60601–1:2005/(R)2012 ............... Medical electrical equipment, Part 1: General requirements for basic safety and essential performance (with amendments). 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. 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 ..................................................... ISA 60079–28 ..................................................... ISA 60079–31 ..................................................... ISA 61241–0 ....................................................... ISA 61241–1 ....................................................... ISA 61241–2 ....................................................... ISA 61241–11 ..................................................... ISA 61241–18 ..................................................... tkelley on DSK3SPTVN1PROD with NOTICES UL 50E ................................................................ UL 448B .............................................................. UL UL UL UL UL UL UL 448C .............................................................. 962A .............................................................. 1004–1 .......................................................... 1008A ............................................................ 1691 .............................................................. 1990 .............................................................. 2108 .............................................................. VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1 17192 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices TABLE 1—TEST STANDARDS OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS— Continued Test standard UL UL UL UL UL UL UL UL UL UL UL UL UL UL UL UL UL UL UL UL Test standard title 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 ........................................................ 60079–7 ........................................................ 60335–2–40 .................................................. UL 60730–2–2 .................................................... UL 60745–1 ........................................................ UL 60745–2–1 .................................................... UL 60745–2–13 .................................................. UL 60745–2–14 .................................................. UL 60745–2–15 .................................................. UL 60745–2–17 .................................................. UL 60745–2–19 .................................................. UL 60745–2–21 .................................................. UL 60745–2–22 .................................................. UL 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 ................................................ tkelley on DSK3SPTVN1PROD with NOTICES UL 61058–1 ........................................................ UL 61800–5–1 .................................................... UL 62275 ............................................................ UL 62368–1 ........................................................ VI. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 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’. 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.1 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 Disk-Type 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. Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2)), Secretary of Labor’s Order E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices No. 1–2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7. Signed at Washington, DC, on March 24, 2014. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2014–06807 Filed 3–26–14; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Proposed Extension of the Approval of Information Collection Requirements ACTION: Notice. The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Workers’ Compensation Programs is soliciting comments concerning the proposed collection: Rehabilitation Plan and Award (OWCP–16). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before May 27, 2014. ADDRESSES: Ms. Yoon Ferguson, U.S. Department of Labor, 200 Constitution Ave. NW., Room S–3201, Washington, DC 20210, telephone (202) 693–0701, fax (202) 693–1449, Email ferguson.yoon@dol.gov. Please use only one method of transmission for comments (mail, fax, or Email). SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: I. Background The Office of Workers’ Compensation Programs (OWCP) is the agency responsible for administration of the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. 901 et seq., and the Federal Employees’ VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 Compensation Act (FECA), 5 U.S.C. 8101 et seq. Both of these acts authorize OWCP to pay for approved vocational rehabilitation services to eligible workers with work-related disabilities. In order to decide whether to approve a rehabilitation plan, OWCP must receive a copy of the plan, supporting vocational testing materials and the estimated cost to implement the plan, broken down to show the fees, supplies, tuition and worker maintenance payments that are contemplated. OWCP also must receive the signature of the rehabilitation counselor to show that the proposed plan is appropriate. Form OWCP–16 is the standard format for the collection of this information. The regulations implementing these statutes allow for the collection of information needed for OWCP to determine if a rehabilitation plan should be approved and payment of any related expenses should be authorized. This information collection is currently approved for use through July 31, 2014. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is 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 burden of the proposed collection 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 collection 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., permitting electronic submissions of responses. III. Current Actions The Department of Labor seeks approval for the extension of this currently approved information collection in order to determine if a rehabilitation plan should be approved and payment of any related expenses authorized. Type of Review: Extension. Agency: Office of Workers’ Compensation Programs. Title: Rehabilitation Plan and Award. OMB Number: 1240–0045. Agency Number: OWCP–16. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 17193 Affected Public: Individual or households; businesses or other forprofit. Total Respondents: 4,590. Total Responses: 4,590. Time per Response: 30 minutes. Estimated Total Burden Hours: 2,295. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: March 20, 2014. Yoon Ferguson, Agency Clearance Officer, Office of Workers’ Compensation Programs, U.S. Department of Labor. [FR Doc. 2014–06751 Filed 3–26–14; 8:45 am] BILLING CODE 4510–CR–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (14–033)] NASA Advisory Council; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council (NAC). DATES: Wednesday, April 16, 2014, 9:00 a.m.–5:00 p.m., Local Time; Thursday, April 17, 2014, 9:00 a.m.–12:30 p.m., Local Time. ADDRESSES: NASA Headquarters, Room 9H40, Program Review Center (PRC), 300 E Street SW., Washington, DC 20456. SUMMARY: Ms. Marla King, NAC Administrative Officer, NASA Headquarters, Washington, DC 20546, 202–358–1148. SUPPLEMENTARY INFORMATION: The agenda for the meeting will include the following: —Aeronautics Committee Report —Human Exploration and Operations Committee Report —Science Committee Report —Technology and Innovation Committee Report The meeting will be open to the public up to the seating capacity of the room. This meeting is also available telephonically and by WebEx. You must FOR FURTHER INFORMATION CONTACT: E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17188-17193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06807]


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

 DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0012]


Revision of OSHA's 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 of final decision.

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

SUMMARY: In this notice, OSHA revises 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 incorporates 72 test 
standards into the NRTL Program's list of appropriate test standards.

DATES: The actions contained in this notice will become effective on 
March 27, 2014.

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 Mr. 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.
    Copies of this Federal Register notice: Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as other relevant information, is 
also available on OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognizes organizations that provide product-safety testing 
and certification services to manufacturers. These organizations 
perform testing and certification, for purposes of the NRTL 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 OSHA 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 OSHA 
regulations, the NRTL must 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

[[Page 17189]]

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)).
---------------------------------------------------------------------------

    \1\ In this notice, OSHA uses the terms ``equipment'' and 
``product'' or ``products'' interchangeably.
---------------------------------------------------------------------------

    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 acceptance 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.
    In a November 25, 2013, Federal Register notice (78 FR 70349), OSHA 
proposed: (1) Revising its existing policies regarding the 
incorporation of new test standards into the NRTL Program's list of 
appropriate test standards and into NRTLs' scopes of recognition; and 
(2) incorporating new test standards into the NRTL Program's list of 
appropriate test standards. The comment period for the public to submit 
comments on these proposed actions ended on December 26, 2013.
    OSHA received four comments filed in a timely manner (OSHA-2013-
0012-0006, OSHA-2013-0012-0007, OSHA-2013-0012-0008, OSHA-2013-0012-
0009), and one comment filed after the comment period closed (OSHA-
2013-0012-0010), on its proposal. All comments are available for 
viewing at www.regulations.gov under docket number OSHA-2013-0012. In 
this final-decision notice, OSHA addresses these comments and adopts 
its proposal with limited revision that reflects some commenters' 
concerns. OSHA describes the proposal, comments, and its final decision 
in more detail below.

II. Final Decision Revising Existing OSHA Policy

A. Revision to Existing Policy for Incorporating New Test Standards 
Into the NRTL Program's List of Appropriate Test Standards

    In the November 25, 2013 Federal Register notice, OSHA proposed 
revising 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, and proposed revising 
the existing policy to expedite incorporation of new test standards 
into the NRTL Program's list of appropriate test standards and into 
NRTLs' scopes of recognition.
    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 proposed 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 determined 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 an SDO withdraws test standards, 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.
    No commenter objected to this proposed policy revision. The 
National Electrical Manufacturers Association (NEMA) and Underwriters 
Laboratories, Inc. (UL), expressed support for the proposed policy 
(OSHA-2013-0012-0008, OSHA-2013-0012-0009). Therefore, OSHA hereby 
revises the policy, as proposed.
    NEMA asked that OSHA include the effective dates of test standards 
in its list of appropriate test standards (OSHA-2013-0012-0008). In 
explaining this comment, NEMA asserted that manufacturers and NRTLs use 
the time between the publication and effective dates of a test standard 
to become informed of the new requirements. While this might be the 
case, OSHA currently does not evaluate test standards with future 
effective dates for use in the NRTL Program. OSHA accepts a test 
standard as appropriate only after the effective date of the standard.
    NEMA stated further that, in determining whether a test standard is 
appropriate, OSHA should ``continue to rely primarily on U.S. standards 
developers accredited by the American National Standards Institute 
(ANSI),'' which ``provides reasonable assurance that the standard is a 
good standard and likely to have wide use;''. NEMA then stated that 
OSHA ``should only consider standards developed by organizations

[[Page 17190]]

considered to be primary sources that are known to produce universally 
acceptable standards representing good design.''
    OSHA considers the appropriateness of test standards on a case-by-
case basis. OSHA notes, however, that the NRTL Program regulation 
constrains its discretion in this area; this regulation requires that, 
for OSHA to accept a test standard, the test standard must, at a 
minimum, ``provide an adequate level of safety'' (29 CFR 1910.7(d)). 
Also pursuant to the regulation, OSHA generally accepts test standards 
developed by SDOs accredited by ANSI (29 CFR 1910.7(c)). ANSI 
accreditation ensures that the SDO meets the criteria required in the 
regulation for OSHA to consider a test standard appropriate.\2\
---------------------------------------------------------------------------

    \2\ The NRTL Program regulation provides that an ``appropriate 
test standard'' is ``a document which specifies the safety 
requirements for specific equipment or class of equipment and is: 
(1) [r]ecognized in the United States as a safety standard providing 
an adequate level of safety, and (2) [c]ompatible with and 
maintained current with periodic revisions of applicable national 
codes and installation standards, and (3) [d]eveloped by a standards 
developing organization under a method providing for input and 
consideration of views of industry groups, experts, users, 
consumers, governmental authorities, and others having broad 
experience in the safety field involved, or (4) [i]n lieu of 
paragraphs (c) (1), (2), and (3), the standard is currently 
designated as an American National Standards Institute (ANSI) 
safety-designated product standard or an American Society for 
Testing and Materials (ASTM) test standard used for evaluation of 
products or materials'' (29 CFR 1910.7(c)).
---------------------------------------------------------------------------

B. 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 predecessor test standard. In the 
November 25, 2013, Federal Register notice, OSHA proposed modifying 
this policy to provide for an abbreviated recognition process that 
allows NRTLs currently recognized for the predecessor standard 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.
    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 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. OSHA then 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.
    No commenter objected to the proposed policy revision. UL expressed 
support for the proposed revision (OSHA-2013-0012-0009). In its 
comments, UL asked that OSHA further revise its policy to allow the use 
of the proposed abbreviated recognition process for new test standards 
that have no relation to predecessor test standards currently in an 
NRTL's scope of recognition (as opposed to replacement test standards 
that would replace predecessor test standards that OSHA is removing 
from the NRTL's scope of recognition). UL revised the language in the 
proposed policy, in part, as follows:


    [W]hen an NRTL seeks the addition of a new standard to its 
current scope of recognition, the NRTL may submit specified 
information that demonstrates it has the requisite testing and 
evaluation capability based on standards in its current scope of 
recognition. The specified information would include reference to 
existing standards in the NRTL's scope that require the capabilities 
needed for the new standard. If necessary, the NRTL would also 
identify substantive differences in needed capability between the 
new standard and existing test standards in its scope of 
recognition. The NRTL would provide information about its 
capabilities for those substantive differences based on the current 
OSHA NRTL application for scope expansion.

(Id.) According to UL, OSHA should require the application process 
specified by 29 CFR 1910.7, App. A, only ``[f]or the rare situations 
where an NRTL wishes to expand into new standards where it has little 
or none of the needed capabilities'' (id.).

    OSHA is not adopting UL's revised language. Accordingly, the key 
aspects of OSHA's new policy are that OSHA can now initiate the 
recognition process when it becomes aware of a replacement test 
standard that is not comparable to a test standard that it is removing 
from an NRTL's scope of recognition, and OSHA will inform the NRTL, in 
the first instance, of 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. Under UL's 
revised language, the NRTL, not OSHA, would initiate the recognition 
process, and the NRTL, not OSHA, would inform OSHA of its capability to 
perform the test standard.
    UL's revised language would not, therefore, significantly expedite 
the recognition process for new test standards because UL's revised 
language is substantially similar to the existing application process. 
Neither OSHA's new policy, nor UL's revised language, would permit the 
NRTL to avoid key procedural requirements of the application process. 
Indeed, UL agrees, stating in its revised language that ``OSHA would 
follow the procedures specified by 29 CFR 1910.7, App. A, in 
determining whether it should incorporate the new test standard into 
the NRTL's scope of recognition'' (id.). UL stated further in its 
revised language, similar to what OSHA states in its new policy, that 
``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 new test standard into the affected 
NRTL's scope of recognition,'' and ``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'' (id.).

[[Page 17191]]

    OSHA notes also that its new policy preserves an NRTL's rights, 
under existing procedures, to file an application for recognition of 
new or replacement test standards. Moreover, OSHA currently allows 
NRTLs, through the existing application process, to provide 
comparability assessments as an abbreviated method to demonstrate an 
NRTL's capability to meet the requirements of an appropriate test 
standard. Using this process, the NRTL provides a detailed explanation 
of comparability as part of its application for the test standard. 
Therefore, UL's revised language is unnecessary.

III. Final Decision Adding Test Standards to the NRTL Program's List of 
Appropriate Test Standards

    Table 1, below, lists test standards that OSHA is adding to the 
NRTL Program under the new policy. OSHA preliminarily determined, as 
specified in the November 25, 2013, Federal Register notice (see 78 FR 
70349), that these test standards are appropriate test standards and 
proposed to include these test standards in the NRTL Program's list of 
appropriate test standards.
    No commenter objected to the proposal to include these test 
standards in the NRTL Program's list of appropriate test standards. UL 
and NEMA expressed support for the proposal (OSHA-2013-0012-0008, OSHA-
2013-0012-0009). OSHA, therefore, with one minor revision discussed in 
the following paragraph, is making a final determination that these 
test standards are appropriate test standards, and, therefore, is 
adding these test standards to the NRTL Program's list of appropriate 
test standards.
    In the proposal, OSHA described one test standard as AAMI ES 60601-
1, ``Medical Electrical Equipment--Part 1-2: General requirements for 
Basic Safety and Essential Performance-Collateral Standard: 
Electromagnetic Compatibility (third edition).'' Several commenters 
stated that OSHA listed the incorrect designation and title for this 
test standard (OSHA-2013-0012-0006, OSHA-2013-0012-0007, OSHA-2013-
0012-0009). OSHA concurs with these commenters and, in the final table, 
describes the test standard as ``ANSI/AAMI ES60601-1:2005/(R)2012, 
Medical electrical equipment, Part 1: General requirements for basic 
safety and essential performance (with amendments).''
    Mr. Dale Hallerberg stated that the list of appropriate standards 
should include, in addition to ANSI/AAMI ES60601-1:2005/(R)2012, 
standards that are collateral to ANSI/AAMI ES60601-1:2005/(R)2012, such 
as ANSI/AAMI ES60601-1-2 through ANSI/AAMI ES60601-1-12 (OSHA-2013-
0012-0007). Moreover, UL asked that OSHA consider incorporating 13 
additional test standards in the NRTL Program's list of appropriate 
test standards (OSHA-2013-0012-0009). Finally, the Crane Power Line 
Safety Organization (CPLSO), in a late-filed comment, asked OSHA to 
consider incorporating CPLSO 14, which addresses testing crane 
insulating-link devices, in the NRTL Program's list of appropriate test 
standards (OSHA-2013-0012-0010). These recommended additions are beyond 
the scope of the present action. OSHA will, however, consider whether 
these recommended additions are appropriate test standards when it 
proposes additions to the list of appropriate test standards in a 
future Federal Register notice.

  Table 1--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/      Medical electrical equipment, Part 1:
 (R)2012.                       General requirements for basic safety
                                and essential performance (with
                                amendments).
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.

[[Page 17192]]

 
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'.
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.\1\
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.
------------------------------------------------------------------------

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

[[Page 17193]]

No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on March 24, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-06807 Filed 3-26-14; 8:45 am]
BILLING CODE 4510-26-P