83 FR 17571 - Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range		17571-17573
FR Document		2018-08255

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.

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17571-17573]
From the Federal Register Online  [www.thefederalregister.org]
[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

[[Page 17572]]

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.
------------------------------------------------------------------------


[[Page 17573]]


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]
 BILLING CODE 4510-26-P

Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices 17571

TABLE 2—TEST STANDARDS OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST
STANDARDS—Continued
Test standard Test standard title

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 Health on whether to grant UL’s FOR FURTHER INFORMATION CONTACT:
covered by UL 2703 does not fall within applications for expansion of its scope Information regarding this notice is
the type of equipment covered by of recognition. The Assistant Secretary available from the following sources:
OSHA’s NRTL Program, OSHA will make the final decision on granting Press inquiries: Contact Mr. Frank
preliminary determined that UL 2703 is the applications. In making this Meilinger, Director, OSHA Office of
not an appropriate test standard and decision, the Assistant Secretary may Communications, U.S. Department of
does not propose to include it in the undertake other proceedings prescribed Labor; telephone: (202) 693–1999;
NRTL Program’s List of Appropriate in Appendix A to 29 CFR 1910.7. email: meilinger.francis2@dol.gov.
Test Standards. OSHA also seeks public OSHA will publish a public notice of General and technical information:
comment on this preliminary this final decision in the Federal Contact Mr. Kevin Robinson, Director,
determination. Register. Office of Technical Programs and
Coordination Activities, Directorate of
IV. Preliminary Findings on the Authority and Signature Technical Support and Emergency
Applications Management, Occupational Safety and
Loren Sweatt, Deputy Assistant
UL submitted acceptable applications Secretary of Labor for Occupational Health Administration; telephone: (202)
for expansion of its scope of recognition. Safety and Health, authorized the 693–2110; email: robinson.kevin@
OSHA’s review of the application files preparation of this notice. Accordingly, dol.gov. OSHA’s web page includes
and related material indicate that UL the Agency is issuing this notice information about the NRTL Program
can meet the requirements prescribed by pursuant to 29 U.S.C. 657(g)(2), (see http://www.osha.gov/dts/otpca/
29 CFR 1910.7 for expanding its Secretary of Labor’s Order No. 1–2012 nrtl/index.html).
recognition to include the addition of (77 FR 3912, Jan. 25, 2012), and 29 CFR SUPPLEMENTARY INFORMATION:
the 26 appropriate test standards for 1910.7.
NRTL testing and certification listed I. Background
above. This preliminary finding does Signed at Washington, DC, on April 16, The NRTL Program recognizes
not constitute an interim or temporary 2018.
organizations that provide product
approval of UL’s applications. Loren Sweatt, safety testing and certification services
OSHA welcomes public comment as Deputy Assistant Secretary of Labor for to manufacturers. These organizations
to whether UL meets the requirements Occupational Safety and Health. perform testing and certification, for
of 29 CFR 1910.7 for expansion of its [FR Doc. 2018–08256 Filed 4–19–18; 8:45 am] purposes of the Program, to U.S.
recognition as a NRTL. Comments BILLING CODE 4510–26–P consensus-based product safety test
should consist of pertinent written standards. The products covered by the
documents and exhibits. Commenters Program consist of those items for
needing more time to comment must DEPARTMENT OF LABOR which OSHA safety standards require
submit a request in writing, stating the ‘‘certification’’ by a NRTL. The
reasons for the request by the due date Occupational Safety and Health
requirements affect electrical products
for comments. OSHA will limit any Administration
and 38 other types of products. OSHA
extension to 10 days unless the does not develop or issue these test
requester justifies a longer time period. [Docket No. OSHA–2013–0012] standards, but generally relies on
OSHA may deny a request for an standards development organizations
extension if it is not adequately Modification to the List of Appropriate (SDOs) which develop and maintain the
justified. To obtain or review copies of NRTL Program Test Standards and the standards using a method that provides
the exhibits identified in this notice, as Scopes of Recognition of Several input and consideration of views of
well as comments submitted to the NRTLs industry groups, experts, users,
docket, contact the Docket Office, AGENCY: Occupational Safety and Health consumers, governmental authorities,
Occupational Safety and Health Administration (OSHA), Labor. and others having broad experience in
Administration, U.S. Department of the safety field involved.
Labor, listed in ADDRESSES. These ACTION: Notice of final decisions.
materials also are available online at Removal of Test Standards From the
SUMMARY: In this notice, OSHA NRTL List of Appropriate Test
sradovich on DSK3GMQ082PROD with NOTICES

http://www.regulations.gov under
Docket No. OSHA–2009–0025. announces its final decision to: (1) Standards
OSHA staff will review all comments Delete a test standard from the NRTL OSHA may propose to remove a test
to the docket submitted in a timely Program’s list of appropriate test standard from the NRTL list of
manner and, after addressing the issues standards; and (2) update the scopes of appropriate test standards based on an
raised by these comments, make a recognition of several NRTLs. internal review in which Program staff
recommendation to the Assistant DATES: OSHA’s final decisions are review the NRTL list of appropriate test
Secretary for Occupational Safety and effective on April 20, 2018. standards to determine if the test

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17572 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices

standard conforms to the definition of addition to usage, installation, and indicate that the end-use products
appropriate test standard defined in the maintenance requirements. In such containing the components are safe for
Programs regulations and policy. There cases, the document would be retained use. Accordingly, as a matter of policy,
are several reasons for removing a test as an appropriate test standard based on OSHA considers that documents
standard based on this review. First, a the safety test specifications. covering such components are not
document that provides the Finally, a document may not be appropriate test standards under the
methodology for a single test is a test considered an appropriate test standard NRTL Program. OSHA notes, however,
method rather than an appropriate test if the document covers products for that it is not proposing to delete from
standard. A test standard must specify which OSHA does not require testing NRTLs’ scopes of recognition any test
the safety requirements for a specific and certification (CPL 1–0.3, App. standards covering end-use products
type of product(s) (29 CFR 1910.7(c)). A D.IV.A). that contain such components.1
test method, however, is a ‘‘specified Similarly, a document that covers
technical procedure for performing a electrical product components would II. Final Decision To Delete Test
test’’ (CPL 1–0.3, App. B). As such, a not be considered an appropriate test Standards From the NRTL Program’s
test method is not an appropriate test standard. These documents apply to List of Appropriate Test Standards
standard. While a NRTL may use a test types of components that have
method to determine if certain safety limitation(s) or condition(s) on their In this notice, OSHA announces its
requirements are met, a test method is use, in that they are not appropriate for final decision to delete one test standard
not itself a safety requirement for a use as end-use products. These from the NRTL Program’s list of
specific product category. documents also specify that these types appropriate test standards.
Second, a document that focuses of components are for use only as part Table 1 lists the test standard that
primarily on usage, installation, or of an end-use product. NRTLs, however, OSHA will delete from the NRTL
maintenance requirements would also evaluate such components only in the Program’s list of appropriate test
not be considered an appropriate test context of evaluating whether end-use standards, as well as an abbreviated
standard (CPL 1–0.3, App. D.IV.B). In products requiring NRTL approval are rationale for OSHA’s actions. For a full
some cases, however, a document may safe for use in the workplace. Testing discussion of the rationale, see Section
also provide safety test specifications in such components alone would not I of this notice.

TABLE 1—TEST STANDARD OSHA IS DELETING FROM NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Replacement
Deleted test standard Reason for deletion test standard(s)
(if applicable)

UL 96—Lightning Protection Components ................................ Standard does not include products required to be certified N/A.
by NRTLs.

III. Final Decision To Modify Affected In this notice, OSHA announces its list, for each affected NRTL, the test
NRTLs’ Scopes of Recognition final decision to update the scopes of standard that OSHA is deleting from the
recognition of several NRTLs. The tables scope of recognition of the NRTL.
in this section (Table 2 thru Table 4)

TABLE 2—TEST STANDARD OSHA IS DELETING FROM THE SCOPE OF RECOGNITION OF UNDERWRITERS LABORATORIES,
INC.
Replacement
Deleted test standard Reason for deletion test standard(s)
(if applicable)

UL 96—Lightning Protection Components ................................ Standard does not include products required to be certified NONE.
by NRTLs.

TABLE 3—TEST STANDARD OSHA IS DELETING FROM THE SCOPE OF RECOGNITION OF CSA GROUP TESTING AND
CERTIFICATION INC.
Replacement
Deleted test standard Reason for deletion test standard(s)
(if applicable)

UL 96—Lightning Protection Components ................................ Standard does not include products required to be certified NONE.
by NRTLs.
sradovich on DSK3GMQ082PROD with NOTICES

1 OSHA notes that some types of devices covered such products. For example, the following test not proposing to delete such test standards from
by these documents, such as capacitors and standard covers transformers that are end-use NRTLs’ scopes of recognition.
transformers, may be end-use products themselves, products: UL 1562 Standard for Transformers,
and tested under other test standards applicable to Distribution, Dry-Type—Over 600 Volts. OSHA is

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Document Created: 2018-04-20 00:03:26
Document Modified: 2018-04-20 00:03:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final decisions.
Dates		OSHA's final decisions are effective on April 20, 2018.
Contact		Information regarding this notice is available from the following sources:
FR Citation		83 FR 17571

83 FR 17571 - Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 83, Issue 77 (April 20, 2018)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration