Proposed Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs, 35023-35026 [2018-15774]

Download as PDF 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 http://www.osha.gov/ dts/otpca/nrtl/index.html. 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– VerDate Sep<11>2014 13:59 Jul 23, 2018 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 http:// 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 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 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: http:// 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: E:\FR\FM\24JYN1.SGM 24JYN1 jstallworth on DSKBBY8HB2PROD with NOTICES 35024 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices 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 http://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 http://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 http:// 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 VerDate Sep<11>2014 13:59 Jul 23, 2018 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 http:// www.osha.gov). Copies of this Federal Register notice: Electronic copies of this Federal Register notice are available at http:// www.regulations.gov. This Federal Register notice, as well as other relevant information, is also available on OSHA’s web page at http://www.osha.gov. SUPPLEMENTARY INFORMATION: I. Background 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 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24JYN1.SGM 24JYN1 35025 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. VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1 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 http:// 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 13:59 Jul 23, 2018 Jkt 244001 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 http:// 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 Frm 00046 Fmt 4703 Sfmt 4703 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 http:// 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 http://www.regulations.gov or the OSHA Docket Office at the above address. All documents in the docket are listed in the http:// 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– E:\FR\FM\24JYN1.SGM 24JYN1

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]


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

SUPPLEMENTARY INFORMATION:

I. Background

    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 http://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]
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