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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    83:17568-17571
  • Standard Number:
  • Title:
    Underwriters Laboratories, Inc.: Applications for Expansion of Recognition and Proposed Modification To Update the Nationally Recognized Testing Laboratory (NRTL) Program's List of Appropriate Test Standards
  [Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
  [Notices]
  [Pages 17568-17571]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2018-08256]
  
  
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  DEPARTMENT OF LABOR
  
  Occupational Safety and Health Administration
  
  [Docket No. OSHA-2009-0025]
  
  
  Underwriters Laboratories, Inc.: Applications for Expansion of 
  Recognition and Proposed Modification To Update the Nationally 
  Recognized Testing Laboratory (NRTL) Program's List of Appropriate Test 
  Standards
  
  AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
  
  ACTION: Notice.
  
  -----------------------------------------------------------------------
  
  SUMMARY: In this notice, OSHA announces the applications of 
  Underwriters Laboratories, Inc., for expansion of its scope of 
  recognition as a Nationally Recognized Testing Laboratory and presents 
  the Agency's preliminary finding to grant the applications. 
  Additionally, OSHA proposes to add twenty-two test standards 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 May 7, 2018.
  
  ADDRESSES: Submit comments by any of the following methods:
      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-2009-0025, 
  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 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-2009-0025) 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 May 7, 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-3655, 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, telephone: (202) 693-1999; 
  email: meilinger.francis2@dol.gov.

  
      General and technical information: Contact Mr. Kevin Robinson, 
  Director, Office of Technical Programs and Coordination Activities, 
  Directorate of Technical Support and Emergency Management, Occupational 
  Safety and Health Administration, U.S. Department of Labor, phone: 
  (202) 693-2110 or email: robinson.kevin@dol.gov.
  
  SUPPLEMENTARY INFORMATION: 
  
  I. Notice of the Applications for Expansion
  
      The Occupational Safety and Health Administration is providing 
  notice that Underwriters Laboratories, Inc., (UL) is applying for 
  expansion of its current recognition as a NRTL. UL requests the 
  addition of twenty-seven additional 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 and is not a delegation or grant of government 
  authority. 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 to 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 UL, 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.
      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 product-certification 
  activities for test standards within the NRTL's scope.
      UL currently has fourteen facilities (sites) recognized by OSHA for 
  product testing and certification, with its headquarters located at: 
  Underwriters Laboratories, Inc. 333 Pfingsten Road, Northbrook, 
  Illinois 60062. A complete list of UL sites recognized by OSHA is 
  available at https://www.osha.gov/dts/otpca/nrtl/ul.html.
  
  II. General Background on the Applications
  
      UL submitted an application, dated May 31, 2017, (OSHA-2009-0025-
  0020), to expand its recognition to include the addition of 26 
  additional test standards to UL's scope of recognition. This 
  application was updated on November 1, 2017 (OSHA-2009-0025-0021) to 
  include an additional standard for a total of 27 standards. OSHA staff 
  performed detailed analyses of the application packets and other 
  pertinent information. OSHA did not perform any on-site reviews in 
  relation to these applications.
      OSHA preliminarily determined that one of the standards requested 
  in UL's application, UL 2703, ``Standard for Mounting Systems, Mounting 
  Devices, Clamping/Retention Devices, and Ground Lugs for Use with Flat-
  Plate Photovoltaic Modules and Panels,'' does not meet the requirements 
  of 29 CFR 1910.7's for an appropriate test standard in OSHA's NRTL 
  Program. This standard is not included on the NRTL Program's List of 
  Appropriate Test Standards. The types of products covered by UL 2703 do 
  not fit into any of the categories covered by OSHA's NRTL Program. 
  Specifically, the standard covers mechanical mounting and support 
  equipment for solar panels, i.e., mechanical products, while OSHA's 
  NRTL Program addresses mainly electrical end products, as well as a few 
  other product categories (e.g., fire detection and mitigation 
  equipment, and Liquid Petroleum (LP) Gas equipment, and other gas-
  powered equipment). The full list of the types of equipment covered by 
  OSHA's NRTL Program can be viewed at https://www.osha.gov/dts/otpca/nrtl/prodcatg.html. Table 1, lists the appropriate test standards found 
  in UL's application for expansion for testing and certification of 
  products under the NRTL Program.
  
    Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                       UL's NRTL Scope of Recognition
  ------------------------------------------------------------------------
           Test standard                     Test standard title
  ------------------------------------------------------------------------
  *TIA 4950......................  Requirements for Battery-Powered,
                                    Portable Land Mobile Radio
                                    Applications in Class I, II, and III,
                                    Division 1, Hazardous (Classified)
                                    Locations.
  *UL 25A........................  Standard for Meters for Gasoline and
                                    Gasoline/Ethanol Blends with Nominal
                                    Ethanol Concentrations up to 85
                                    Percent (E0-E85).
  *UL 25B........................  Meters for Diesel Fuel, Biodiesel Fuel,
                                    Diesel/Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  *UL 79A........................  Standard for Power-Operated Pumps for
                                    Gasoline and Gasoline/Ethanol Blends
                                    with Nominal Ethanol Concentrations up
                                    to 85 Percent (E0-E85).
  *UL 79B........................  Standard for Power-Operated Pumps for
                                    Diesel Fuel, Biodiesel Fuel, Diesel/
                                    Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  *UL 87A........................  Standard for Power-Operated Dispensing
                                    Devices for Gasoline and Gasoline/
                                    Ethanol Blends with Nominal Ethanol
                                    Concentrations up to 85 Percent (E0-
                                    E85).
  *UL 87B........................  Power-Operated Dispensing Devices for
                                    Diesel Fuel, Biodiesel Fuel, Diesel/
                                    Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  *UL 486F.......................  Bare and Covered Ferrules.
  *UL 567A.......................  Standard for Emergency Breakaway
                                    Fittings, Swivel Connectors and Pipe-
                                    Connection Fittings for Gasoline and
                                    Gasoline/Ethanol Blends with Nominal
                                    Ethanol Concentrations up to 85
                                    Percent (E0-E85).
  *UL 567B.......................  Standard for Emergency Breakaway
                                    Fittings, Swivel Connectors and Pipe-
                                    Connection Fittings for Diesel Fuel,
                                    Biodiesel Fuel, Diesel/Biodiesel
                                    Blends with Nominal Biodiesel
                                    Concentrations up to 20 Percent (B20),
                                    Kerosene, and Fuel Oil.
  *UL 842A.......................  Standard for Valves for Gasoline and
                                    Gasoline/Ethanol Blends with Nominal
                                    Ethanol Concentrations up to 85
                                    Percent (E0-E85).
  *UL 842B.......................  Standard for Valves for Diesel Fuel,
                                    Biodiesel Fuel, Diesel/Biodiesel
                                    Blends with Nominal Biodiesel
                                    Concentrations up to 20 Percent (B20),
                                    Kerosene, and Fuel Oil.
  UL 962.........................  Standard for Household and Commercial
                                    Furnishings.

  
   
  *UL 1973.......................  Standard for Batters for Use in Light
                                    Electric Rail (LER) Applications and
                                    Stationary Applications.
  *UL 2054.......................  Standard for Household and Commercial
                                    Batteries.
  *UL 2271.......................  Standard for Batteries for Use in Light
                                    Electric Vehicle (LEV) Applications.
  *UL 2586A......................  Standard for Hose Nozzle Valves for
                                    Gasoline and Gasoline/Ethanol Blends
                                    with Nominal Ethanol Concentrations up
                                    to 85 Percent (E0-E85).
  *UL 2586B......................  Standard for Hose Nozzle Valves for
                                    Diesel Fuel, Biodiesel Fuel, Diesel/
                                    Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  *UL 2775.......................  Standard for Fixed Condensed Aerosol
                                    Extinguishing System Units.
  UL 2594........................  Standard for Electric Vehicle Supply
                                    Equipment.
  *UL 4703.......................  Standard for Photovoltaic Wire.
  *UL 8753.......................  Standard for Field-Replaceable Light
                                    Emitting Diode (LED) Light Engines.
  UL 60335-2-24..................  Household and Similar Electric
                                    Appliances--Safety--Part 2-24:
                                    Particular Requirements for
                                    Refrigerating Appliances, Ice-Cream
                                    Appliances and Ice-Makers.
  *UL 60730-2-5..................  Automatic Electrical Controls for
                                    Household and Similar Use, Part 2-5:
                                    Particular Requirements for Automatic
                                    Electrical Burner Control Systems.
  *UL 60947-5-1..................  Low-Voltage Switchgear and Controlgear--
                                    Part 5-1: Control Circuit Devices and
                                    Switching Elements--Electromechanical
                                    Control Circuit Devices.
  UL 62109-1.....................  Standard for Safety of Power Converters
                                    for Use in Photovoltaic Power Systems--
                                    Part 1: General Requirements.
  ------------------------------------------------------------------------
  * Represents the standard that OSHA proposes to add to the NRTL
    Program's List of Appropriate Test Standards.
  
  III. Proposal To Add New Test Standard to the NRTL Program's List of 
  Appropriate Test Standards
  
      Periodically, OSHA will propose to add new test standards to the 
  NRTL List of Appropriate Test Standards following an evaluation of the 
  test standard document. To qualify as an appropriate test standard, the 
  Agency evaluates the document to (1) verify it represents a product 
  category for which OSHA requires certification by a NRTL, (2) verify 
  the document represents an end product and not a component, and (3) 
  verify the document defines safety test specifications (not 
  installation or operational performance specifications).
      In this notice, OSHA proposes to add twenty-two new test standards 
  to the NRTL Program's List of Appropriate Test Standards. Table 2, 
  lists the test standards that are new to the NRTL Program. OSHA 
  preliminarily determined that these test standards are appropriate test 
  standards and proposes to include them in the NRTL Program's List of 
  Appropriate Test Standards. OSHA seeks public comment on this 
  preliminary determination.
  
   Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                     List of Appropriate Test Standards
  ------------------------------------------------------------------------
           Test standard                     Test standard title
  ------------------------------------------------------------------------
  TIA 4950.......................  Requirements for Battery-Powered,
                                    Portable Land Mobile Radio
                                    Applications in Class I, II, and III,
                                    Division 1, Hazardous (Classified)
                                    Locations.
  UL 25A.........................  Standard for Meters for Gasoline and
                                    Gasoline/Ethanol Blends with Nominal
                                    Ethanol Concentrations up to 85
                                    Percent (E0-E85).
  UL 25B.........................  Meters for Diesel Fuel, Biodiesel Fuel,
                                    Diesel/Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  UL 79A.........................  Standard for Power-Operated Pumps for
                                    Gasoline and Gasoline/Ethanol Blends
                                    with Nominal Ethanol Concentrations up
                                    to 85 Percent (E0-E85).
  UL 79B.........................  Standard for Power-Operated Pumps for
                                    Diesel Fuel, Biodiesel Fuel, Diesel/
                                    Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  UL 87A.........................  Standard for Power-Operated Dispensing
                                    Devices for Gasoline and Gasoline/
                                    Ethanol Blends with Nominal Ethanol
                                    Concentrations up to 85 Percent (E0-
                                    E85).
  UL 87B.........................  Power-Operated Dispensing Devices for
                                    Diesel Fuel, Biodiesel Fuel, Diesel/
                                    Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  UL 486F........................  Bare and Covered Ferrules.
  UL 567A........................  Standard for Emergency Breakaway
                                    Fittings, Swivel Connectors and Pipe-
                                    Connection Fittings for Gasoline and
                                    Gasoline/Ethanol Blends with Nominal
                                    Ethanol Concentrations up to 85
                                    Percent (E0-E85).
  UL 567B........................  Standard for Emergency Breakaway
                                    Fittings, Swivel Connectors and Pipe-
                                    Connection Fittings for Diesel Fuel,
                                    Biodiesel Fuel, Diesel/Biodiesel
                                    Blends with Nominal Biodiesel
                                    Concentrations up to 20 Percent (B20),
                                    Kerosene, and Fuel Oil.
  UL 842A........................  Standard for Valves for Gasoline and
                                    Gasoline/Ethanol Blends with Nominal
                                    Ethanol Concentrations up to 85
                                    Percent (E0-E85).
  UL 842B........................  Standard for Valves for Diesel Fuel,
                                    Biodiesel Fuel, Diesel/Biodiesel
                                    Blends with Nominal Biodiesel
                                    Concentrations up to 20 Percent (B20),
                                    Kerosene, and Fuel Oil.
  UL 1973........................  Standard for Batters for Use in Light
                                    Electric Rail (LER) Applications and
                                    Stationary Applications.
  UL 2054........................  Standard for Household and Commercial
                                    Batteries.
  UL 2271........................  Standard for Batteries for Use in Light
                                    Electric Vehicle (LEV) Applications.
  UL 2586A.......................  Standard for Hose Nozzle Valves for
                                    Gasoline and Gasoline/Ethanol Blends
                                    with Nominal Ethanol Concentrations up
                                    to 85 Percent (E0-E85).
  UL 2586B.......................  Standard for Hose Nozzle Valves for
                                    Diesel Fuel, Biodiesel Fuel, Diesel/
                                    Biodiesel Blends with Nominal
                                    Biodiesel Concentrations up to 20
                                    Percent (B20), Kerosene, and Fuel Oil.
  UL 2775........................  Standard for Fixed Condensed Aerosol
                                    Extinguishing System Units.
  
  [[Page 17571]]
  
   
  UL 4703........................  Standard for Photovoltaic Wire.
  UL 8753........................  Standard for Field-Replaceable Light
                                    Emitting Diode (LED) Light Engines.
  UL 60730-2-5...................  Automatic Electrical Controls for
                                    Household and Similar Use, Part 2-5:
                                    Particular Requirements for Automatic
                                    Electrical Burner Control Systems.
  UL 60947-5-1...................  Low-Voltage Switchgear and Controlgear--
                                    Part 5-1: Control Circuit Devices and
                                    Switching Elements-Electromechanical
                                    Control Circuit Devices.
  ------------------------------------------------------------------------
  
      Because the mechanical equipment covered by UL 2703 does not fall 
  within the type of equipment covered by OSHA's NRTL Program, OSHA 
  preliminary determined that UL 2703 is not an appropriate test standard 
  and does not propose to include it in the NRTL Program's List of 
  Appropriate Test Standards. OSHA also seeks public comment on this 
  preliminary determination.
  
  IV. Preliminary Findings on the Applications
  
      UL submitted acceptable applications for expansion of its scope of 
  recognition. OSHA's review of the application files and related 
  material indicate that UL can meet the requirements prescribed by 29 
  CFR 1910.7 for expanding its recognition to include the addition of the 
  26 appropriate test standards for NRTL testing and certification listed 
  above. This preliminary finding does not constitute an interim or 
  temporary approval of UL's applications.
      OSHA welcomes public comment as to whether UL 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 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. To obtain or review copies 
  of the exhibits identified in this notice, as well as comments 
  submitted to the docket, contact the Docket Office, Occupational Safety 
  and Health Administration, U.S. Department of Labor, listed in 
  ADDRESSES. These materials also are available online at http://www.regulations.gov under Docket No. OSHA-2009-0025.
      OSHA staff will review all comments to the docket submitted in a 
  timely manner and, after addressing the issues raised by these 
  comments, make a recommendation to the Assistant Secretary for 
  Occupational Safety and Health on whether to grant UL's applications 
  for expansion of its scope of recognition. The Assistant Secretary will 
  make the final decision on granting the applications. 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.
  
  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 April 16, 2018.
  Loren Sweatt,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2018-08256 Filed 4-19-18; 8:45 am]
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