Proposed Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs, 35023-35026 [2018-15774]
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Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices
jstallworth on DSKBBY8HB2PROD with NOTICES
I. Notice of the Application for
Expansion
The Occupational Safety and Health
Administration is providing notice that
TUV SUD America, Inc. (TUVAM), is
applying for expansion of its current
recognition as a NRTL. TUVAM
requests the addition of two test
standards to its NRTL scope of
recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified in 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition.
Each NRTL’s scope of recognition
includes (1) the type of products the
NRTL may test, with each type specified
by its applicable test standard; and (2)
the recognized site(s) that has/have the
technical capability to perform the
product-testing and productcertification activities for test standards
within the NRTL’s scope. Recognition is
not a delegation or grant of government
authority; however, recognition enables
employers to use products approved by
the NRTL to meet OSHA standards that
require product testing and certification.
The Agency processes applications by
a NRTL for initial recognition and for an
expansion or renewal of this
recognition, following requirements in
Appendix A of 29 CFR 1910.7. This
appendix requires that the Agency
publish two notices in the Federal
Register in processing an application. In
the first notice, OSHA announces the
application and provides its preliminary
finding. In the second notice, the
Agency provides its final decision on
the application. These notices set forth
the NRTL’s scope of recognition or
modifications of that scope. OSHA
maintains an informational web page for
each NRTL, including TUVAM, which
details the NRTL’s scope of recognition.
These pages are available from the
OSHA website at https://www.osha.gov/
dts/otpca/nrtl/.
TUVAM currently has six facilities
(sites) recognized by OSHA for product
testing and certification, with its
headquarters located at: TUV SUD
America, Inc., 10 Technology Drive,
Peabody, MA 01960. A complete list of
TUVAM’s scope of recognition
(including sites) recognized by OSHA is
available at https://www.osha.gov/dts/
otpca/nrtl/tuvam.html.
II. General Background on the
Application
TUVAM submitted an application,
dated June 12, 2017 (OSHA–2007–
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Jkt 244001
0043–0023), to expand its recognition to
include two additional test standards.
OSHA staff performed a detailed
analysis of the application packet and
reviewed other pertinent information.
OSHA did not perform any on-site
reviews in relation to this application.
Table 1 below lists the appropriate
test standards found in TUVAM’s
application for expansion for testing and
certification of products under the
NRTL Program.
35023
Secretary for Occupational Safety and
Health whether to grant TUVAM’s
application for expansion of its scope of
recognition. The Assistant Secretary
will make the final decision on granting
the application. In making this decision,
the Assistant Secretary may undertake
other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of
its final decision in the Federal
Register.
IV. Authority and Signature
TABLE 1—PROPOSED LIST OF APPROLoren Sweatt, Deputy Assistant
PRIATE TEST STANDARDS FOR INSecretary of Labor for Occupational
CLUSION IN TUVAM’S NRTL
Safety and Health, authorized the
[Scope of Recognition]
Test standard
Test standard title
UL 924 ............
Standard for Emergency Lighting
and Power Equipment.
Standard for Low Voltage Lighting
Systems.
UL 2108 ..........
III. Preliminary Findings on the
Application
TUVAM submitted an acceptable
application for expansion of its scope of
recognition. OSHA’s review of the
application file, and pertinent
documentation, indicates that TUVAM
can meet the requirements prescribed by
29 CFR 1910.7 for expanding its
recognition to include the addition of
these two test standards for NRTL
testing and certification listed above.
This preliminary finding does not
constitute an interim or temporary
approval of TUVAM’s application.
OSHA welcomes public comment as
to whether TUVAM meets the
requirements of 29 CFR 1910.7 for
expansion of its recognition as a NRTL.
Comments should consist of pertinent
written documents and exhibits.
Commenters needing more time to
comment must submit a request in
writing, stating the reasons for the
request. Commenters must submit the
written request for an extension by the
due date for comments. OSHA will limit
any extension to 10 days unless the
requester justifies a longer period.
OSHA may deny a request for an
extension if the request is not
adequately justified. To obtain or review
copies of the exhibits identified in this
notice, as well as comments submitted
to the docket, contact the Docket Office,
at the above address. These materials
also are available online at https://
www.regulations.gov under Docket No.
OSHA–2007–0043.
OSHA staff will review all comments
to the docket submitted in a timely
manner and, after addressing the issues
raised by these comments, will make a
recommendation to the Assistant
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preparation of this notice. Accordingly,
the Agency is issuing this notice
pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor’s Order No. 1–2012
(77 FR 3912, Jan. 25, 2012), and 29 CFR
1910.7.
Signed at Washington, DC, on July 18,
2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2018–15772 Filed 7–23–18; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0012]
Proposed Modification to the List of
Appropriate NRTL Program Test
Standards and the Scopes of
Recognition of Several NRTLs
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA proposes
to delete three test standards from the
NRTL Program’s list of appropriate test
standards; and update the scopes of
recognition of several NRTLs.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
August 23, 2018. All submissions must
bear a postmark or provide other
evidence of the submission date.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at: https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
SUMMARY:
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than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2013–0012, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–3653,
200 Constitution Avenue NW,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 10:00
a.m. to 3:00 p.m., ET.
Instructions: All submissions must
include the agency name and OSHA
docket number (OSHA–2013–0012) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the above
address. All documents in the docket
(including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection at
the OSHA Docket Office. You may also
contact Kevin Robinson at the below
address to obtain a copy of the ICR.
Extension of comment period: Submit
requests for an extension of the
comment period on or before August 23,
2018 to the 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–3653,
Washington, DC 20210, or by fax to
(202) 693–1644.
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 by phone (202) 693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, NRTL
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Jkt 244001
Program, Occupational Safety and
Health Administration, U.S. Department
of Labor by phone (202) 693–2110;
email: robinson.kevin@dol.gov. OSHA’s
web page includes information about
the NRTL Program (see https://
www.osha.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
The NRTL Program recognizes
organizations that provide product
safety testing and certification services
to manufacturers. These organizations
perform testing and certification, for
purposes of the Program, to U.S.
consensus-based product safety test
standards. The products covered by the
NRTL Program consist of those items for
which OSHA safety standards require
‘‘certification’’ by a NRTL. The
requirements affect electrical products
and 38 other types of products. OSHA
does not develop or issue these test
standards, but generally relies on
standards development organizations
(SDOs) which develop and maintain the
standards using a method that provides
input and consideration of views of
industry groups, experts, users,
consumers, governmental authorities
and others having broad experience in
the safety field involved.
Removal of Test Standards From the
NRTL List of Appropriate Test
Standards
OSHA may propose to remove a test
standard from the NRTL list of
appropriate test standards based on an
internal review in which NRTL Program
staff review the NRTL list of appropriate
test standards to determine if the test
standard conforms to the definition of
appropriate test standard defined in
NRTL Program regulations and policy.
There are several reasons for removing
a test standard based on the internal
review by NRTL Program staff. First, a
document that provides the
methodology for a single test is a test
method rather than an appropriate test
standard. A test standard must specify
the safety requirements for a specific
type of product(s) (29 CFR 1910.7(c)). A
test method, however, is a ‘‘specified
technical procedure for performing a
test’’ (CPL 1–0.3, App. B). As such, a
test method is not an appropriate test
standard. While a NRTL may use a test
method to determine if certain safety
requirements are met, a test method is
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not itself a safety requirement for a
specific product category.
Second, a document that focuses
primarily on usage, installation, or
maintenance requirements would also
not be considered an appropriate test
standard (CPL 1–0.3, App. D.IV.B). In
some cases, however, a document may
also provide safety test specifications in
addition to usage, installation, and
maintenance requirements. In such
cases, the document would be retained
as an appropriate test standard based on
the safety test specifications.
Finally, a document may not be
considered an appropriate test standard
if the document covers products for
which OSHA does not require testing
and certification (CPL 1–0.3, App.
D.IV.A).
Similarly, a document that covers
electrical product components would
not be considered an appropriate test
standard. These documents apply to
types of components that have
limitation(s) or condition(s) on their
use, in that they are not appropriate for
use as end-use products. These
documents also specify that these types
of components are for use only as part
of an end-use product. NRTLs, however,
evaluate such components only in the
context of evaluating whether end-use
products requiring NRTL approval are
safe for use in the workplace. Testing
such components alone would not
indicate that the end-use products
containing the components are safe for
use. Accordingly, as a matter of policy,
OSHA considers that documents
covering such components are not
appropriate test standards under the
NRTL Program. OSHA notes, however,
that it is not proposing to delete from
NRTLs’ scopes of recognition any test
standards covering end-use products
that contain such components.
OSHA may additionally propose to
remove a test standard from the NRTL
list of appropriate test standards if it has
been withdrawn by a SDO. However,
OSHA will recognize a NRTL for an
appropriate replacement test standard if
the NRTL has the requisite testing and
evaluation capability for implementing
the replacement test standard, and the
replacement standard does not require
an additional or different technical
capability than an existing test standard.
OSHA can add the replacement test
standard to affected NRTLs’ scopes of
recognition.
II. Proposal To Delete Test Standards
From the NRTL Program’s List of
Appropriate Test Standards
In this notice, OSHA proposes to
delete three test standards from the
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Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices
NRTL Program’s list of appropriate test
standards.
Table 1 lists the test standards that
OSHA proposes to delete from the
NRTL Program’s list of appropriate test
standards, as well as an abbreviated
rationale for OSHA’s proposed actions.
For a full discussion of the rationale,
see, above, Section I of this notice.
TABLE 1—TEST STANDARDS OSHA PROPOSES TO DELETE FROM NRTL PROGRAM’S LIST OF APPROPRIATE TEST
STANDARDS
Proposed replacement test
standard(s)
(if applicable)
Proposed deleted test standard
Reason for proposed deletion
ISA 60079–2 ......................................
ISA 60079–5 ......................................
ISA 60079–18 ....................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
III. Proposed Modifications to Affected
NRTLs’ Scopes of Recognition
In this notice, OSHA proposes to
update the scopes of recognition of
several NRTLs. The tables in this
section (Table 2 thru Table 5) list, for
each affected NRTL, the test standard(s)
that OSHA proposes to delete from the
scope of recognition of the NRTL and
the proposed appropriate replacement
test standard. OSHA’s analysis shows
that the proposed replacement
standards do not require additional or
different technical capability than the
proposed deleted standards so that the
proposed replacement standards are
comparable to the proposed deleted
standards. These proposed replacement
standards are already on the NRTL List
of Appropriate Test Standards.
OSHA seeks comment on whether its
proposed deletions are appropriate, and
whether individual tables omit any
appropriate replacement test standard
that is comparable to a withdrawn test
standard. If OSHA determines any
appropriate replacement test standard
that is comparable to a withdrawn test
standard was omitted, then the final
None.
None.
None.
determination will incorporate that
replacement test standard into the scope
of recognition of each affected NRTL.
Comments should consist of pertinent
written documents and exhibits.
Commenters needing more time to
comment must submit a request in
writing, stating the reasons for the
request, by the due date for comments.
OSHA will limit any extension to 10
days unless the requester justifies a
longer time period. OSHA may deny a
request for an extension if it is not
adequately justified.
TABLE 2—TEST STANDARDS OSHA PROPOSES TO DELETE FROM THE SCOPE OF RECOGNITION OF THE UNDERWRITERS
LABORATORY, INC. AND THE PROPOSED REPLACEMENT TEST STANDARDS
Proposed replacement test
standard(s)
(if applicable)
Proposed deleted test standard
Reason for proposed deletion
ISA 60079–2 ......................................
ISA 60079–5 ......................................
ISA 60079–18 ....................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
UL 60079–2.
UL 60079–5.
UL 60079–18.
TABLE 3—TEST STANDARDS OSHA PROPOSES TO DELETE FROM THE SCOPE OF RECOGNITION OF CSA GROUP TESTING
AND CERTIFICATION INC. AND THE PROPOSED REPLACEMENT TEST STANDARDS
Proposed replacement test
standard(s)
(if applicable)
Proposed deleted test standard
Reason for proposed deletion
ISA 60079–2 ......................................
ISA 60079–5 ......................................
ISA 60079–18 ....................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
UL 60079–2.
UL 60079–5.
UL 60079–18.
TABLE 4—TEST STANDARDS OSHA PROPOSES TO DELETE FROM THE SCOPE OF RECOGNITION OF INTERTEK TESTING
SERVICES, NA, INC. AND THE PROPOSED REPLACEMENT TEST STANDARDS
Proposed replacement test
standard(s)
(if applicable)
jstallworth on DSKBBY8HB2PROD with NOTICES
Proposed deleted test standard
Reason for proposed deletion
ISA 60079–2 ......................................
ISA 60079–5 ......................................
ISA 60079–18 ....................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
* This NRTL already has the proposed replacement test standard(s) in its NRTL Scope of Recognition.
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UL 60079–2.*
UL 60079–5.*
UL 60079–18.*
35026
Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices
TABLE 5—TEST STANDARDS OSHA PROPOSES TO DELETE FROM THE SCOPE OF RECOGNITION OF SGS NORTH
AMERICA, INC. AND THE PROPOSED REPLACEMENT TEST STANDARDS
Proposed replacement test
standard(s)
(if applicable)
Proposed deleted test standard
Reason for proposed deletion
ISA 60079–2 ......................................
ISA 60079–5 ......................................
ISA 60079–18 ....................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
Standard Withdrawn by Standards Organization ..........................................
To obtain or review copies of
comments submitted to the docket,
contact the Docket Office, Occupational
Safety and Health Administration, U.S.
Department of Labor, at the above
address. These materials will also be
available online at https://
www.regulations.gov under Docket No.
OSHA–2013–0012.
OSHA staff will review all comments
to the docket submitted in a timely
manner and, after addressing the issues
raised by these comments, will make a
recommendation to the Assistant
Secretary for Occupational Safety and
Health regarding the removal of three
test standards from the NRTL Program’s
List of Appropriate Test Standards and
to update the scopes of recognition of
several NRTLs. The Assistant Secretary
will make the final decision. In making
this decision, the Assistant Secretary
may undertake other proceedings
prescribed in Appendix A to 29 CFR
1910.7. OSHA will publish a public
notice of this final decision in the
Federal Register.
V. Authority and Signature
Loren Sweatt, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, authorized the
preparation of this notice. Accordingly,
the Agency is issuing this notice
pursuant to 29 U.S.C. 657(g)(2)),
Secretary of Labor’s Order No. 1–2012
(77 FR 3912, Jan. 25, 2012), and 29 CFR
1910.7.
Signed at Washington, DC, on July 18,
2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2018–15774 Filed 7–23–18; 8:45 am]
jstallworth on DSKBBY8HB2PROD with NOTICES
BILLING CODE 4510–26–P
VerDate Sep<11>2014
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0028]
MET Laboratories, Inc.: Application for
Expansion of Recognition and
Proposed Modification to the NRTL
Program’s List of Appropriate Test
Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the application of MET
Laboratories, Inc., for expansion of its
recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents
the Agency’s preliminary finding to
grant the application. Additionally,
OSHA proposes to add one new test
standard to the NRTL Program’s List of
Appropriate Test Standards.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
August 8, 2018.
ADDRESSES: Submit comments by any of
the following methods:
Electronically: Submit comments and
attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
Facsimile: If submissions, including
attachments, are not longer than 10
pages, commenters may fax them to the
OSHA Docket Office at (202) 693–1648.
Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2006–0028,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW,
Room N–3653, Washington, DC 20210;
telephone: (202) 693–2350 (TTY
number: (877) 889–5627). Note that
security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
SUMMARY:
PO 00000
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UL 60079–2.
UL 60079–5.
UL 60079–18.
Docket Office for information about
security procedures concerning delivery
of materials by express mail, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 10:00 a.m.–3:00 p.m., ET.
Instructions: All submissions must
include the agency name and the OSHA
docket number (OSHA–2006–0028).
OSHA places comments and other
materials, including any personal
information, in the public docket
without revision, and these materials
will be available online at https://
www.regulations.gov. Therefore, the
agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the above
address. All documents in the docket
are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection at
the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in
locating docket submissions.
Extension of comment period: Submit
requests for an extension of the
comment period on or before August 8,
2018 to the 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–3653,
Washington, DC 20210, or by fax to
(202) 693–1644.
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, phone: (202) 693–
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]]>Agencies
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35023-35026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15774]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0012]
Proposed Modification to the List of Appropriate NRTL Program
Test Standards and the Scopes of Recognition of Several NRTLs
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA proposes to delete three test standards
from the NRTL Program's list of appropriate test standards; and update
the scopes of recognition of several NRTLs.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 23, 2018. All submissions must bear a postmark or
provide other evidence of the submission date.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
[[Page 35024]]
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0012,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2013-0012) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at https://www.regulations.gov. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. You may also contact Kevin Robinson at the below
address to obtain a copy of the ICR.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 23, 2018 to the 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-3653, Washington, DC 20210, or by fax to (202) 693-
1644.
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 by phone (202) 693-1999;
email: [email protected].
General and technical information: Contact Mr. Kevin Robinson, NRTL
Program, Occupational Safety and Health Administration, U.S. Department
of Labor by phone (202) 693-2110; email: [email protected]. OSHA's
web page includes information about the NRTL Program (see https://www.osha.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
The NRTL Program recognizes organizations that provide product
safety testing and certification services to manufacturers. These
organizations perform testing and certification, for purposes of the
Program, to U.S. consensus-based product safety test standards. The
products covered by the NRTL Program consist of those items for which
OSHA safety standards require ``certification'' by a NRTL. The
requirements affect electrical products and 38 other types of products.
OSHA does not develop or issue these test standards, but generally
relies on standards development organizations (SDOs) which develop and
maintain the standards using a method that provides input and
consideration of views of industry groups, experts, users, consumers,
governmental authorities and others having broad experience in the
safety field involved.
Removal of Test Standards From the NRTL List of Appropriate Test
Standards
OSHA may propose to remove a test standard from the NRTL list of
appropriate test standards based on an internal review in which NRTL
Program staff review the NRTL list of appropriate test standards to
determine if the test standard conforms to the definition of
appropriate test standard defined in NRTL Program regulations and
policy. There are several reasons for removing a test standard based on
the internal review by NRTL Program staff. First, a document that
provides the methodology for a single test is a test method rather than
an appropriate test standard. A test standard must specify the safety
requirements for a specific type of product(s) (29 CFR 1910.7(c)). A
test method, however, is a ``specified technical procedure for
performing a test'' (CPL 1-0.3, App. B). As such, a test method is not
an appropriate test standard. While a NRTL may use a test method to
determine if certain safety requirements are met, a test method is not
itself a safety requirement for a specific product category.
Second, a document that focuses primarily on usage, installation,
or maintenance requirements would also not be considered an appropriate
test standard (CPL 1-0.3, App. D.IV.B). In some cases, however, a
document may also provide safety test specifications in addition to
usage, installation, and maintenance requirements. In such cases, the
document would be retained as an appropriate test standard based on the
safety test specifications.
Finally, a document may not be considered an appropriate test
standard if the document covers products for which OSHA does not
require testing and certification (CPL 1-0.3, App. D.IV.A).
Similarly, a document that covers electrical product components
would not be considered an appropriate test standard. These documents
apply to types of components that have limitation(s) or condition(s) on
their use, in that they are not appropriate for use as end-use
products. These documents also specify that these types of components
are for use only as part of an end-use product. NRTLs, however,
evaluate such components only in the context of evaluating whether end-
use products requiring NRTL approval are safe for use in the workplace.
Testing such components alone would not indicate that the end-use
products containing the components are safe for use. Accordingly, as a
matter of policy, OSHA considers that documents covering such
components are not appropriate test standards under the NRTL Program.
OSHA notes, however, that it is not proposing to delete from NRTLs'
scopes of recognition any test standards covering end-use products that
contain such components.
OSHA may additionally propose to remove a test standard from the
NRTL list of appropriate test standards if it has been withdrawn by a
SDO. However, OSHA will recognize a NRTL for an appropriate replacement
test standard if the NRTL has the requisite testing and evaluation
capability for implementing the replacement test standard, and the
replacement standard does not require an additional or different
technical capability than an existing test standard. OSHA can add the
replacement test standard to affected NRTLs' scopes of recognition.
II. Proposal To Delete Test Standards From the NRTL Program's List of
Appropriate Test Standards
In this notice, OSHA proposes to delete three test standards from
the
[[Page 35025]]
NRTL Program's list of appropriate test standards.
Table 1 lists the test standards that OSHA proposes to delete from
the NRTL Program's list of appropriate test standards, as well as an
abbreviated rationale for OSHA's proposed actions. For a full
discussion of the rationale, see, above, Section I of this notice.
Table 1--Test Standards OSHA Proposes To Delete From NRTL Program's List of Appropriate Test Standards
----------------------------------------------------------------------------------------------------------------
Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2.......................... Standard Withdrawn by None.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by None.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by None.
Standards Organization.
----------------------------------------------------------------------------------------------------------------
III. Proposed Modifications to Affected NRTLs' Scopes of Recognition
In this notice, OSHA proposes to update the scopes of recognition
of several NRTLs. The tables in this section (Table 2 thru Table 5)
list, for each affected NRTL, the test standard(s) that OSHA proposes
to delete from the scope of recognition of the NRTL and the proposed
appropriate replacement test standard. OSHA's analysis shows that the
proposed replacement standards do not require additional or different
technical capability than the proposed deleted standards so that the
proposed replacement standards are comparable to the proposed deleted
standards. These proposed replacement standards are already on the NRTL
List of Appropriate Test Standards.
OSHA seeks comment on whether its proposed deletions are
appropriate, and whether individual tables omit any appropriate
replacement test standard that is comparable to a withdrawn test
standard. If OSHA determines any appropriate replacement test standard
that is comparable to a withdrawn test standard was omitted, then the
final determination will incorporate that replacement test standard
into the scope of recognition of each affected NRTL.
Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request, by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
Table 2--Test Standards OSHA Proposes To Delete From the Scope of Recognition of the Underwriters Laboratory,
Inc. and the Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.
Standards Organization.
----------------------------------------------------------------------------------------------------------------
Table 3--Test Standards OSHA Proposes To Delete From the Scope of Recognition of CSA Group Testing and
Certification Inc. and the Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.
Standards Organization.
----------------------------------------------------------------------------------------------------------------
Table 4--Test Standards OSHA Proposes To Delete From the Scope of Recognition of Intertek Testing Services, NA,
Inc. and the Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.*
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.*
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.*
Standards Organization.
----------------------------------------------------------------------------------------------------------------
* This NRTL already has the proposed replacement test standard(s) in its NRTL Scope of Recognition.
[[Page 35026]]
Table 5--Test Standards OSHA Proposes To Delete From the Scope of Recognition of SGS North America, Inc. and the
Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.
Standards Organization.
----------------------------------------------------------------------------------------------------------------
To obtain or review copies of comments submitted to the docket,
contact the Docket Office, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials will also be available online at https://www.regulations.gov
under Docket No. OSHA-2013-0012.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding the removal of three test
standards from the NRTL Program's List of Appropriate Test Standards
and to update the scopes of recognition of several NRTLs. The Assistant
Secretary will make the final decision. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this
final decision in the Federal Register.
V. Authority and Signature
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on July 18, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-15774 Filed 7-23-18; 8:45 am]
BILLING CODE 4510-26-P
