Revision of OSHA's Policy for Incorporating New Test Standards Into the List of Appropriate NRTL Program Test Standards, 17188-17193 [2014-06807]
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17188
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices
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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;
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SUMMARY:
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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 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
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.
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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.
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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–
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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
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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
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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
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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)).
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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
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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.).
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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
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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 .....................................................
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UL 50E ................................................................
UL 448B ..............................................................
UL
UL
UL
UL
UL
UL
UL
448C ..............................................................
962A ..............................................................
1004–1 ..........................................................
1008A ............................................................
1691 ..............................................................
1990 ..............................................................
2108 ..............................................................
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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
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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
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this notice. Accordingly, the Agency is
issuing this notice pursuant to 29 U.S.C.
657(g)(2)), Secretary of Labor’s Order
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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’
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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.
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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:
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]]>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 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
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
