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  • Title:
    Underwriters Laboratories, Inc.: Application for Expansion of Recognition
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Pages 14402-14404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07038]



Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]

Underwriters Laboratories, Inc.: Application for Expansion of 

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

ACTION: Notice.


SUMMARY: In this notice, OSHA announces the application of Underwriters 
Laboratories, Inc., for expansion of the scope of recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant the application.

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 April 25, 2019.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
    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). All comments, including any personal 
information you provide, are placed in the public docket without 
change, and may be made available online at https://www.regulations.gov. For further information on submitting comments, 
see the ``Public Participation'' heading in the section of this notice 
    Docket: To read or download comments or other material in the

docket, go to https://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 https://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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before April 25, 2019 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-

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.


I. Notice of the Application for Expansion

    OSHA is providing notice that Underwriters Laboratories, Inc., (UL) 
is applying to expand the current recognition as a NRTL. UL requests 
the addition of three test standards to the 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 the 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
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. 
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 
    The agency processes application 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 a preliminary finding. In the second notice, 
the agency provides the 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 https://www.osha.gov/dts/otpca/nrtl/index.html. UL currently has fourteen facilities (sites) 
recognized by OSHA for product testing and certification, with 
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 Application

    UL submitted an application, dated August 24, 2016, (OSHA-2009-
0025-0024) to expand recognition to include three additional test 
standards. This application was revised on July 24, 2018 to note the 
titles of the standards requested in the original application (OSHA-
2009-0025-0025). 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 application.
    Table 1, below, 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
UL 60079-2.............................  Standard for Explosive
                                          Atmospheres--Part 2: Equipment
                                          Protection by Pressurized
                                          Enclosure ``p''.
UL 60079-25............................  Explosive Atmospheres--Part 25:
                                          Intrinsically Safe Electrical
UL 60079-31............................  Explosive Atmospheres--Part 31:
                                          Equipment Dust Ignition
                                          Protection by Enclosure ``t''.

III. Preliminary Findings on the Application

    UL submitted an acceptable application for expansion of the 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 recognition to include the addition of these 
three test standards for NRTL testing and certification listed above. 
This preliminary finding does not constitute an interim or temporary 
approval of UL's application.
    OSHA welcomes public comment as to whether UL meets the 
requirements of 29 CFR 1910.7 for expansion of 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 https://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 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 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 3, 2019.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-07038 Filed 4-9-19; 8:45 am]