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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    83:18086-18087
  • Standard Number:
  • Title:
    Applied Research Laboratories of South Florida, LLC: Grant of Recognition as a Nationally Recognized Testing Laboratory
  [Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
  [Notices]
  [Pages 18086-18087]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2018-08598]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2007-0083]


  Applied Research Laboratories of South Florida, LLC: Grant of
  Recognition as a Nationally Recognized Testing Laboratory

  AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

  ACTION: Notice.

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  SUMMARY: In this notice, OSHA announces its final decision to grant
  recognition to Applied Research Laboratories of South Florida, LLC, as
  a Nationally Recognized Testing Laboratory (NRTL).

  DATES: Recognition as a NRTL becomes effective on April 25, 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

      Many of OSHA's workplace standards require that a NRTL test and
  certify certain types of equipment as safe for use in the workplace.
  NRTLs are independent laboratories that meet OSHA's requirements for
  performing safety testing and certification of products used in the
  workplace. To obtain and retain OSHA recognition, the NRTLs must meet
  the requirements in the NRTL Program regulations at 29 CFR 1910.7. More
  specifically, to be recognized by OSHA, an organization must: (1) Have
  the appropriate capability to test, evaluate, and approve products to
  assure their safe use in the workplace; (2) be completely independent
  of employers subject to the tested equipment requirements, and
  manufacturers and vendors of products for which OSHA requires
  certification; (3) have internal programs that ensure proper control of
  the testing and certification process; and (4) have effective reporting
  and complaint handling procedures. Recognition is an acknowledgement by
  OSHA that the NRTL has the capabilities to perform independent safety
  testing and certification of the specific products covered within the
  NRTL's scope of recognition. Recognition of a NRTL by OSHA also allows
  employers to use products certified by that NRTL to meet those OSHA
  standards that require product testing and certification.
      The Agency processes applications for initial recognition following
  requirements in Appendix A of 29 CFR 1910.7. This appendix requires
  OSHA to publish two notices in the Federal Register in processing an
  application. In the first notice, OSHA announces the application,
  provides its preliminary finding, and solicits comments on its
  preliminary findings. In the second notice, the Agency provides its
  final decision on the application. These notices set forth the NRTL's
  scope of recognition.

  II. Notice of Final Decision

      OSHA hereby gives notice of the Agency's decision to grant
  recognition to Applied Research Laboratories of South Florida, LLC
  (ARL), as a NRTL. According to its public information (see http://www.arl-test.com), ARL states that it is an internationally accredited 
  testing laboratory. In its application, ARL lists the current address
  of its headquarters as: Applied Research Laboratories of South Florida,
  LLC, 5371 SW 161 Street, Miami, Florida 33014.
      Each NRTL's scope of recognition has three elements: (1) The type
  of products the NRTL may test, with each type specified by its
  applicable test standard; (2) the recognized site(s) that have the
  technical capability to perform the product-testing and product-
  certification activities for the applicable test standards within the
  NRTL's scope of recognition; and (3) the supplemental program(s) that
  the NRTL may use, each of which allows the NRTL to rely on other
  parties to perform activities necessary for testing and certification.
  ARL applied on March 5, 2014, for initial recognition as a NRTL. In its
  initial application, ARL requested recognition for two test standards,
  one site, and two supplemental programs (OSHA-2007-0083-0050). This
  application was amended on December 1, 2014, to add one additional test
  standard (OSHA-2007-0083-0051).\1\
  ---------------------------------------------------------------------------

      \1\ ARL requested recognition for UL 1995, UL 1996, and UL 96.
  OSHA denies ARL's UL 96 application. OSHA is, on the date of
  publication of the current notice in the Federal Register, also
  issuing a Federal Register Notice removing UL 96 from OSHA's List of
  Appropriate Test Standards because UL 96 is not an appropriate test
  standard. That notice can be accessed via www.regulations.gov under
  Docket ID OSHA-2013-0012.
  ---------------------------------------------------------------------------

      OSHA published the preliminary notice announcing ARL's application
  for recognition in the Federal Register on February 23, 2018 (83 FR
  8113). The Agency requested comments by March 26, 2018, but it received
  no comments in response to this notice. OSHA now is proceeding with
  this final notice to grant recognition to ARL as a NRTL.
      To obtain or review copies of all public documents pertaining to
  ARL's application, go to www.regulations.gov or contact the Docket
  Office, Occupational Safety and Health Administration, U.S. Department
  of Labor, 200 Constitution Avenue NW, Room N-2625, Washington, DC
  20210. Docket No. OSHA-2007-0083 contains all materials in the record
  concerning ARL's recognition.


  III. Final Decision and Order

      OSHA staff performed a detailed analysis of ARL's application
  packet and reviewed other pertinent information. OSHA staff also
  performed three comprehensive on-site assessments of ARL's testing
  facilities on February 25-26, 2015, March 30, 2016, and November 28-29,
  2017. Based on a review of this evidence, OSHA finds that ARL meets the
  requirements of 29 CFR 1910.7 for recognition as a NRTL, subject to the
  specified limitation and conditions outlined in this notice. OSHA,
  therefore, is proceeding with this final notice to grant recognition to
  ARL as a NRTL. The following sections set forth the scope of
  recognition included in ARL's grant of recognition.

  A. Standards Requested for Recognition

      OSHA limits ARL's scope of recognition to testing and certification
  of products for demonstration of conformance to the test standards
  listed in Table 1.

   Table 1--List of Appropriate Test Standards for Inclusion in ARL's NRTL
                            Scope of Recognition
  ------------------------------------------------------------------------
               Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 1995................................  Heating and Cooling Equipment.
  UL 1996................................  Standard for Electric Duct
                                            Heaters.
  ------------------------------------------------------------------------

      OSHA's recognition of any NRTL for a particular test standard is
  limited to equipment or materials for which OSHA standards require
  third-party testing and certification before using them in the
  workplace. Consequently, if a test standard also covers any products
  for which OSHA does not require such testing and certification, a
  NRTL's scope of recognition does not include these products.
      The American National Standards Institute (ANSI) may approve the
  test standards listed above as American National Standards. However,
  for convenience, we may use the designation of the standards-developing
  organization for the standard as opposed to the ANSI designation. Under
  the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
  paragraph XIV), any NRTL recognized for a particular test standard may
  use either the proprietary version of the test standard or the ANSI
  version of that standard. Contact ANSI to determine whether a test
  standard is currently ANSI-approved.

  B. Sites Requested for Recognition

      OSHA limits ARL's scope of recognition to include the site at:
      Applied Research Laboratories of South Florida, LLC, 5371 NW 161
  Street, Miami, Florida 33014.
      OSHA's recognition of this site limits ARL to performing product
  testing and certifications only to the test standards for which the
  site has the proper capability and programs, and for test standards in
  ARL's scope of recognition. This limitation is consistent with the
  recognition that OSHA grants to other NRTLs that operate multiple
  sites.

  C. Supplemental Programs

      OSHA limits ARL's scope of recognition to include the following
  supplemental programs:
      Program 9: Acceptance of services other than testing or evaluation
  performed by subcontractors or agents (for calibration services only).

  D. Conditions

      In addition to those conditions already required by 29 CFR 1910.7,
  ARL must abide by the following conditions of the recognition:
      1. ARL must inform OSHA as soon as possible, in writing, of any
  change of ownership, facilities, or key personnel, and of any major
  change in its operations as an NRTL, and provide details of the
  change(s);
      2. In response to a proposed corrective action to the February 2015
  on-site assessment, OSHA Proposed and ARL agrees to increased OSHA
  oversight of its operations including
       More frequent on-site assessments of ARL facilities;
       ARL providing OSHA with periodic reports listing the
  products that have been certified under the NRTL Program; and
      3. Confirmation from ARL that products with ARL Listings (non-NRTL)
  will undergo re-evaluation and re-testing and/or a thorough documented
  review of previously gathered evaluation and testing results prior to
  NRTL certification.
      4. ARL must meet all the terms of its recognition and comply with
  all OSHA policies pertaining to this recognition; and
      5. ARL must continue to meet the requirements for recognition,
  including all previously published conditions on ARL's scope of
  recognition, in all areas for which it has recognition.
      Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants
  recognition to ARL as a NRTL, subject to these limitations and
  conditions specified above.

  IV. 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 19, 2018.
  Loren Sweatt,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2018-08598 Filed 4-24-18; 8:45 am]
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