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)

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, 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.

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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: [email protected].
    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: 
[email protected]. 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.
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    \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.
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    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]
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