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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    83:8111-8113
  • Standard Number:
  • Title:
    Proposed Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8111-8113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03714]


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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.

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SUMMARY: In this notice, OSHA proposes to: (1) Delete a test standard
from the NRTL Program's list of appropriate test standards; and (2)
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 March 26, 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
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., E.T.
    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 and
copying at the OSHA Docket Office. You may also contact Kevin Robinson
at the address below to obtain a copy of the ICR.
    Extension of comment period: Submit requests for an extension of
the comment period on or before March 26, 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
Program, Occupational Safety and Health Administration, U.S. Department
of Labor by phone (202) 693-2110. 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
this review. 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.\1\
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    \1\ OSHA notes also that some types of devices covered by these
documents, such as capacitors and transformers, may be end-use
products themselves, and tested under other test standards
applicable to such products. For example, the following test
standard covers transformers that are end-use products: UL 1562
Standard for Transformers, Distribution, Dry-Type--Over 600 Volts.
OSHA is not proposing to delete such test standards from NRTLs'
scopes of recognition.
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II. Proposal To Delete Test Standards From the NRTL Program's List of
Appropriate Test Standards

    In this notice, OSHA proposes to delete one test standard from the
NRTL Program's list of appropriate test standards.
    Table 1 lists the test standard 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 Standard OSHA Proposes To Delete From NRTL Program's List of Appropriate Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                          Proposed replacement test standard(s)
    Proposed deleted test standard       Reason for proposed deletion                (if applicable)
----------------------------------------------------------------------------------------------------------------
UL 96--Lighting Protection Components.  Standard does not include       N/A.
                                         products required to be
                                         certified by NRTLs.
----------------------------------------------------------------------------------------------------------------

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 4)
list, for each affected NRTL, the test standard(s) that OSHA proposes
to delete from the scope of recognition of the NRTL.
    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 that it omitted any appropriate
replacement test standard that is comparable to a withdrawn test
standard, it will, in its final determination, 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 Standard OSHA Proposes To Delete From the Scope of Recognition of the Underwriters Laboratory,
                                                      Inc.
----------------------------------------------------------------------------------------------------------------
                                                                          Proposed replacement test standard(s)
    Proposed deleted test standard       Reason for proposed deletion                (if applicable)
----------------------------------------------------------------------------------------------------------------
UL 96--Lighting Protection Components.  Standard does not include       None.
                                         products required to be
                                         certified by NRTLs.
----------------------------------------------------------------------------------------------------------------




 Table 3--Test Standard OSHA Proposes To Delete From the Scope of Recognition of Canadian Standards Association
----------------------------------------------------------------------------------------------------------------
                                                                          Proposed replacement test standard(s)
    Proposed deleted test standard       Reason for proposed deletion                (if applicable)
----------------------------------------------------------------------------------------------------------------
UL 96--Lighting Protection Components.  Standard does not include       None.
                                         products required to be
                                         certified by NRTLs.
----------------------------------------------------------------------------------------------------------------


  Table 4--Test Standard OSHA Proposes To Delete From the Scope of Recognition of Intertek Testing Services, NA
----------------------------------------------------------------------------------------------------------------
                                                                          Proposed replacement test standard(s)
    Proposed deleted test standard       Reason for proposed deletion                (if applicable)
----------------------------------------------------------------------------------------------------------------
UL 96--Lighting Protection Components.  Standard does not include       None.
                                         products required to be
                                         certified by NRTLs.
----------------------------------------------------------------------------------------------------------------

    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 one test
standard 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 February 16, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-03714 Filed 2-22-18; 8:45 am]
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