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• Publication Date: 12/10/2010
• Publication Type: Notice
• Fed Register #: 75:77002-77005
• Standard Number: 1910.7; 1910.7(c); 1910.302(a)(2); 1911
• Title: Expansion of the Scope of NRTL Recognition of Underwriters Laboratories Inc.; Modification to the Scopes of NRTL Recognition of FM Approvals LLC, Intertek Testing Services NA Inc., and Underwriters Laboratories Inc.

 
[Federal Register: December 10, 2010 (Volume 75, Number 237)]
[Notices]               
[Page 77002-77005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de10-81]                         

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 DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]

 
Expansion of the Scope of NRTL Recognition of Underwriters 
Laboratories Inc.; Modification to the Scopes of NRTL Recognition of FM 
Approvals LLC, Intertek Testing Services NA Inc., and Underwriters 
Laboratories Inc.

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

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health

Administration's final decision expanding the recognition of 
Underwriters Laboratories Inc., (UL) as a Nationally Recognized Testing 
Laboratory (NRTL) under 29 CFR 1910.7. This notice also modifies the 
scopes of recognition of the following three NRTLs: FM Approvals LLC, 
Intertek Testing Services NA Inc., and Underwriters Laboratories Inc.

DATES: The expansion of recognition and modification to the scopes of 
recognition becomes effective on December 10, 2010.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210, 
or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that it is expanding recognition of Underwriters 
Laboratories Inc., (UL) as an NRTL. UL's expansion covers the use of 
additional test standards. OSHA's current scope of recognition for UL 
is in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/ul.html.
    OSHA recognition of an NRTL signifies that the organization meets 
the legal 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. As a result of recognition, employers may use products 
approved by the NRTL to meet OSHA standards that require product 
testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition, or for 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 such an application. In the first notice, OSHA announces the 
application and provides its preliminary finding and, 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 that details its scope of recognition. These pages are 
available from the Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
 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 has/have the 
technical capability to perform the testing and certification 
activities for test standards within the NRTL's scope; 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 
product testing and certification.
    UL submitted an application, dated February 20, 2008, as an 
amendment to its application for renewal of recognition. (Ex. 2-UL 
expansion application dated 2/20/2008.) This amendment requested an 
expansion of recognition to add 98 standards \1\ to UL's scope, and to 
delete several test standards from its scope. The NRTL Program staff 
determined that 49 of the requested standards are "appropriate test 
standards" within the meaning of 29 CFR 1910.7(c). UL later modified 
its request to reduce the number of the appropriate standards to 35. 
(Ex. 3-UL amended expansion application dated 2/16/2010.)
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    \1\ UL requested recognition for ANSI/AAMI ES60601-1:2005, but 
OSHA has not yet determined whether this standard may be used by 
NRTLs. OSHA will request public comment on the suitability of this 
standard in an upcoming Federal Register notice.
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    In connection with this request, NRTL Program staff did not perform 
any on-site review of UL's recognized sites. The staff only performed a 
comparability analysis,\2\ and recommended expansion of UL's 
recognition to include the 35 test standards. The Agency published a 
preliminary notice announcing the expansion application in the Federal 
Register on April 26, 2010 (79 FR 21664). OSHA requested comments on 
the notice by May 11, 2010; OSHA received no comments in response to 
this notice. OSHA now is proceeding with this final notice to grant 
UL's expansion application.
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    \2\ This analysis involves determining whether the testing and 
evaluation requirements of test standards already in an NRTL's scope 
are comparable to the requirements in the standards requested by the 
NRTL.
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    All public documents pertaining to the UL application are available 
for review by contacting the Docket Office, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room N-2625, Washington, DC 20210. These materials also 
are available online at http://www.regulations.gov under Docket No. 
OSHA-2009-0025.

Final Decision and Order

    NRTL Program staff examined UL's application, the comparability 
analysis, and other pertinent information. Based upon this examination 
and the analysis, OSHA finds that UL meets the requirements of 29 CFR 
1910.7 for expansion of its recognition, subject to the limitation and 
conditions listed below. Pursuant to the authority granted by 29 CFR 
1910.7, OSHA hereby expands the recognition of UL, subject to this 
limitation and these conditions.

Limitation

    OSHA limits the expansion of UL's recognition to testing and 
certification of products for demonstration of conformance to the 
following test standards, each of which OSHA determines is an 
appropriate test standard within the meaning of 29 CFR 1910.7(c):

IEEE C37.20.4 Indoor AC Switches (1 kV-38 kV) for Use in Metal-Enclosed 
Switchgear \a\
IEEE C37.20.6 4.76 kV to 38 kV Rated Grounding and Testing Devices Used 
in Enclosures \a\
IEEE C37.23 Metal-Enclosed Bus \a\
IEEE C37.41 High-Voltage Fuses, Distribution Enclosed Single-Pole Air 
Switches, Fuse Disconnecting Switches, and Accessories \a\
IEEE C37.74 Subsurface, Vault, and Pad-Mounted Load-Interrupter 
Switchgear and Fused Load-Interrupter Switchgear for Alternating 
Current Systems Up to 38 kV Switchgear \a\
IEEE C57.12.44 Secondary Network Protectors \a\
ISA 12.12.01 Nonincendive Electrical Equipment for Use in Class I and 
II, Division 2 and Class III, Divisions 1 and 2 Hazardous (Classified) 
Locations
UL 5C Surface Raceways and Fittings for Use with Data, Signal, and 
Control Circuits
UL 283 Air Fresheners and Deodorizers
UL 458 Power Converters/Inverters and Power Converter/Inverter Systems 
for Land Vehicles and Marine Crafts \b\
NFPA 496 Purged and Pressurized Enclosures for Electrical Equipment
UL 852 Metallic Sprinkler Pipe for Fire Protection Service
UL 962 Household and Commercial Furnishings \c\
UL 1340 Hoists
UL 1626 Residential Sprinklers for Fire Protection Service
UL 2225 Cables and Cable Fittings for Use in Hazardous (Classified) 
Locations
UL 2443 Flexible Sprinkler Hose with Fittings for Fire Protection 
Service
UL 5085-2 Low Voltage Transformers--Part 2: General Purpose 
Transformers
UL 60730-2-8 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electrically Operated Water 
Valves, Including Mechanical Requirements
UL 60745-2-1 Particular Requirements for Drills and Impact Drills
UL 60745-2-3 Particular Requirements for Grinders, Polishers and Disk-
Type Sanders
UL 60745-2-11 Particular Requirements for Reciprocating Saws
UL 60745-2-12 Particular Requirements for Concrete Vibrators
UL 60745-2-14 Particular Requirements for Planers
UL 60745-2-17 Particular Requirements for Routers and Trimmers
UL 60745-2-18 Particular Requirements for Strapping Tools
UL 60745-2-19 Particular Requirements for Jointers
UL 60745-2-2 Particular Requirements for Screwdrivers and Impact 
Wrenches
UL 60745-2-20 Particular Requirements for Band Saws
UL 60745-2-21 Particular Requirements for Drain Cleaners
UL 60745-2-4 Particular Requirements for Sanders and Polishers Other 
Than Disk Type
UL 60745-2-5 Particular Requirements for Circular Saws
UL 60745-2-6 Particular Requirements for Hammers
UL 60745-2-8 Particular Requirements for Shears and Nibblers
UL 60745-2-9 Particular Requirements for Tappers

    Notes:

    \a\ Recognition for this standard does not apply to testing and 
certification of equipment or materials used in installations 
excluded from the provisions of subpart S in 29 CFR 1910 by section 
1910.302(a)(2).
    \b\ OSHA limits recognition for this standard to testing and 
certification of products used within recreational vehicles and 
mobile homes.
    \c\ OSHA limits recognition of this standard to testing and 
certification of the electrical devices falling within the 
standard's scope.

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    OSHA limits recognition of any NRTL for a particular test standard 
to equipment or materials (i.e., products) for which OSHA standards 
require third-party testing and certification before use of the product 
in the workplace. Consequently, if a test standard also covers any 
product for which OSHA does not require such testing and certification, 
an NRTL's scope of recognition does not include that product.
    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.

Conditions

    UL also must abide by the following conditions of the recognition, 
in addition to those conditions already required by 29 CFR 1910.7:
    1. UL must allow OSHA access to its facilities and records to 
ascertain continuing compliance with the terms of its recognition, and 
to perform investigations as OSHA deems necessary;
    2. If UL has reason to doubt the efficacy of any test standard it 
is using under this program, it must promptly inform the test standard-
developing organization of this concern and provide that organization 
with appropriate relevant information upon which it bases its concern;
    3. UL must not engage in, or permit others to engage in, any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, UL agrees that it will allow no representation 
that it is either a recognized or an accredited NRTL without clearly 
indicating the specific equipment or material to which this recognition 
applies, and also clearly indicating that its recognition is limited to 
specific products;
    4. UL must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details of these 
changes;
    5. UL will meet all the terms of its recognition, and will always 
comply with all OSHA policies pertaining to this recognition; and
    6. UL will continue to meet the requirements for recognition in all 
areas covered by its scope of recognition.

Issue Regarding NFPA Standards

    In this notice, OSHA is modifying the scopes of recognition of 
three NRTLs. Specifically, five standards that OSHA currently includes, 
to varying degrees, in the scopes of recognition of these NRTLs are not 
"appropriate test standards" under 29 CFR 1910.7(c) because they do 
not primarily cover product-safety testing. In addition, OSHA has no 
requirement for NRTL approval of the systems covered by these 
standards. Consequently, OSHA is removing the test standards from the 
scopes of recognition of each affected NRTL (see list below).
    OSHA specifies a scope of recognition for each NRTL that includes a 
list of product-safety test standards that the NRTL may use in testing 
and certifying (i.e., approving) products; NRTLs must demonstrate that 
the products conform to "appropriate test standards," as defined 
under 29 CFR 1910.7(c). "Appropriate test standards" are consensus-
based product-safety test standards developed and maintained by U.S.-
based standards-developing organizations (SDOs). These test standards 
are not OSHA standards, which are general requirements that employers 
must meet; the test standards specify technical safety requirements 
that particular types of products must meet.
    The notice for the expansion described above also proposed the 
removal of these five test standards from each affected NRTL's scope of 
recognition. OSHA requested comments on the notice by May 11, 2010; 
OSHA received no comments in response to this notice. OSHA now is 
proceeding with this final notice modifying the scopes of recognition 
of the affected NRTLs (see list below).
    OSHA will incorporate the modifications specified by this notice on 
its informational Web page for each affected NRTL. This page details 
OSHA's official scope of recognition for the NRTL, including the 
standards the NRTL may use to certify products under OSHA's NRTL 
Program. Access to these Web pages is available through 
http://www.osha.gov/dts/otpca/nrtl/index.html.
    Modification to Each NRTL's Scope of Recognition: \3\
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    \3\ For each test standard deleted, OSHA uses the name as it now 
appears on OSHA's informational Web page for each NRTL. These names 
may differ from the standard's current name (i.e., name as of the 
date of this notice), which are as follows:
    ANSI/NFPA 11 Low-, Medium-, and High-Expansion Foam
    ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
    ANSI/NFPA 12A Halon 1301 Fire Extinguishing Systems
    ANSI/NFPA 16 Standard for the Installation of Foam-Water 
Sprinkler and Foam-Water Spray Systems
    ANSI/NFPA 17 Dry Chemical Extinguishing Systems

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FM Approvals LLC (FM)

    Deleted Test Standards:

ANSI 11 Low Expansion Foam and Combined Agent Systems
ANSI 12 Carbon Dioxide Extinguishing Systems
ANSI 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI 16 Deluge Foam-Water Sprinkler and Spray Systems
ANSI 17 Dry Chemical Extinguishing Systems

Intertek Testing Services NA, Inc. (ITSNA)

    Deleted Test Standards:

ANSI/NFPA 11 Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems

Underwriters Laboratories Inc. (UL)

    Deleted Test Standards:

ANSI/NFPA 11 Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210, directed the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to Sections 
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR 
55355), and 29 CFR part 1911.

    Signed at Washington, DC, on December 6, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-31048 Filed 12-9-10; 8:45 am]
BILLING CODE 4510-26-P

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