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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    83:17571-17573
  • Standard Number:
  • Title:
    Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs
  [Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
  [Notices]
  [Pages 17571-17573]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2018-08255]
  
  
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  DEPARTMENT OF LABOR
  
  Occupational Safety and Health Administration
  
  [Docket No. OSHA-2013-0012]
  
  
  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 of final decisions.
  
  -----------------------------------------------------------------------
  
  SUMMARY: In this notice, OSHA announces its final decision 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: OSHA's final decisions are effective on April 20, 2018.
  
  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; telephone: (202) 693-2110; email: 
  robinson.kevin@dol.gov. OSHA's web page includes information about the 
  NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
  
  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 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 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 the Programs 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.
  ---------------------------------------------------------------------------
  
      \1\ OSHA notes 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.
  ---------------------------------------------------------------------------
  
      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\
  
  II. Final Decision To Delete Test Standards From the NRTL Program's 
  List of Appropriate Test Standards
  
      In this notice, OSHA announces its final decision to delete one 
  test standard from the NRTL Program's list of appropriate test 
  standards.
      Table 1 lists the test standard that OSHA will delete from the NRTL 
  Program's list of appropriate test standards, as well as an abbreviated 
  rationale for OSHA's actions. For a full discussion of the rationale, 
  see Section I of this notice.
  
     Table 1--Test Standard OSHA Is Deleting From NRTL Program's List of
                         Appropriate Test Standards
  ------------------------------------------------------------------------
                                                        Replacement test
      Deleted test standard      Reason for deletion     standard(s) (if
                                                           applicable)
  ------------------------------------------------------------------------
  UL 96--Lightning Protection   Standard does not     N/A.
   Components.                   include products
                                 required to be
                                 certified by NRTLs.
  ------------------------------------------------------------------------
  
  III. Final Decision To Modify Affected NRTLs' Scopes of Recognition
  
      In this notice, OSHA announces its final decision 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 
  that OSHA is deleting from the scope of recognition of the NRTL.
  
  Table 2--Test Standard OSHA Is Deleting From the Scope of Recognition of
                       Underwriters Laboratories, Inc.
  ------------------------------------------------------------------------
                                                        Replacement test
      Deleted test standard      Reason for deletion     standard(s) (if
                                                           applicable)
  ------------------------------------------------------------------------
  UL 96--Lightning Protection   Standard does not     NONE.
   Components.                   include products
                                 required to be
                                 certified by NRTLs.
  ------------------------------------------------------------------------
  
  
  Table 3--Test Standard OSHA Is Deleting From the Scope of Recognition of
                  CSA Group Testing and Certification Inc.
  ------------------------------------------------------------------------
                                                        Replacement test
      Deleted test standard      Reason for deletion     standard(s) (if
                                                           applicable)
  ------------------------------------------------------------------------
  UL 96--Lightning Protection   Standard does not     NONE.
   Components.                   include products
                                 required to be
                                 certified by NRTLs.
  ------------------------------------------------------------------------
  

  
  
  Table 4--Test Standard OSHA Is Deleting From the Scope of Recognition of
                     Intertek Testing Services NA, Inc.
  ------------------------------------------------------------------------
                                                        Replacement test
      Deleted test standard      Reason for deletion     standard(s) (if
                                                           applicable)
  ------------------------------------------------------------------------
  UL 96--Lightning Protection   Standard does not     NONE.
   Components.                   include products
                                 required to be
                                 certified by NRTLs.
  ------------------------------------------------------------------------
  
      OSHA will incorporate into its informational web pages the 
  modifications OSHA is making to each NRTL's scope of recognition. These 
  web pages detail the scope of recognition for each NRTL, including the 
  test standards the NRTL may use to test and certify products under 
  OSHA's NRTL Program. OSHA also will add, to its ``Current List of 
  Removed Test Standards'' web page, this test standard that OSHA no 
  longer recognizes or permits under the NRTL Program. Access to these 
  web pages is available at http://www.osha.gov/dts/otpca/nrtl/index.html.
      Pursuant to the authority in 29 CFR 1910.7, OSHA hereby modifies 
  the NRTL List of Appropriate Test Standards and associated modification 
  to the scope of recognition for the impacted NRTLs specified above.
  
  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 April 16, 2018.
  Loren Sweatt,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2018-08255 Filed 4-19-18; 8:45 am]
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