83 FR 35023 - Proposed 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 142 (July 24, 2018)

In this notice, OSHA proposes to delete three test standards from the NRTL Program's list of appropriate test standards; and update the scopes of recognition of several NRTLs.

[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35023-35026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15774]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0012]


Proposed 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.

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SUMMARY: In this notice, OSHA proposes to delete three test standards 
from the NRTL Program's list of appropriate test standards; and update 
the scopes of recognition of several NRTLs.

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 August 23, 2018. All submissions must bear a postmark or 
provide other evidence of the submission date.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at: http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer

[[Page 35024]]

than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    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-2013-0012, 
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 Department of Labor's and 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-2013-0012) for the Information Collection Request 
(ICR). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. For further information 
on submitting comments, see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://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 http://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. You may also contact Kevin Robinson at the below 
address to obtain a copy of the ICR.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before August 23, 2018 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-
1644.

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 by phone (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, NRTL 
Program, Occupational Safety and Health Administration, U.S. Department 
of Labor by phone (202) 693-2110; email: [email protected]. OSHA's 
web page includes information about the NRTL Program (see http://www.osha.gov).
    Copies of this Federal Register notice: Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as other relevant information, is 
also available on OSHA's web page at http://www.osha.gov.

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 NRTL 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 NRTL 
Program staff review the NRTL list of appropriate test standards to 
determine if the test standard conforms to the definition of 
appropriate test standard defined in NRTL Program regulations and 
policy. There are several reasons for removing a test standard based on 
the internal review by NRTL Program staff. 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.
    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.
    OSHA may additionally propose to remove a test standard from the 
NRTL list of appropriate test standards if it has been withdrawn by a 
SDO. However, OSHA will recognize a NRTL for an appropriate replacement 
test standard if the NRTL has the requisite testing and evaluation 
capability for implementing the replacement test standard, and the 
replacement standard does not require an additional or different 
technical capability than an existing test standard. OSHA can add the 
replacement test standard to affected NRTLs' scopes of recognition.

II. Proposal To Delete Test Standards From the NRTL Program's List of 
Appropriate Test Standards

    In this notice, OSHA proposes to delete three test standards from 
the

[[Page 35025]]

NRTL Program's list of appropriate test standards.
    Table 1 lists the test standards that OSHA proposes to delete from 
the NRTL Program's list of appropriate test standards, as well as an 
abbreviated rationale for OSHA's proposed actions. For a full 
discussion of the rationale, see, above, Section I of this notice.

     Table 1--Test Standards OSHA Proposes To Delete From NRTL Program's List of Appropriate Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                      Proposed replacement test standard(s)  (if
    Proposed deleted test standard      Reason for proposed deletion                  applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2..........................  Standard Withdrawn by          None.
                                        Standards Organization.
ISA 60079-5..........................  Standard Withdrawn by          None.
                                        Standards Organization.
ISA 60079-18.........................  Standard Withdrawn by          None.
                                        Standards Organization.
----------------------------------------------------------------------------------------------------------------

III. Proposed Modifications to Affected NRTLs' Scopes of Recognition

    In this notice, OSHA proposes to update the scopes of recognition 
of several NRTLs. The tables in this section (Table 2 thru Table 5) 
list, for each affected NRTL, the test standard(s) that OSHA proposes 
to delete from the scope of recognition of the NRTL and the proposed 
appropriate replacement test standard. OSHA's analysis shows that the 
proposed replacement standards do not require additional or different 
technical capability than the proposed deleted standards so that the 
proposed replacement standards are comparable to the proposed deleted 
standards. These proposed replacement standards are already on the NRTL 
List of Appropriate Test Standards.
    OSHA seeks comment on whether its proposed deletions are 
appropriate, and whether individual tables omit any appropriate 
replacement test standard that is comparable to a withdrawn test 
standard. If OSHA determines any appropriate replacement test standard 
that is comparable to a withdrawn test standard was omitted, then the 
final determination will incorporate that replacement test standard 
into the scope of recognition of each affected 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.

  Table 2--Test Standards OSHA Proposes To Delete From the Scope of Recognition of the Underwriters Laboratory,
                                Inc. and the Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                       Proposed replacement test standard(s) (if
    Proposed deleted test standard      Reason for proposed deletion                  applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2..........................  Standard Withdrawn by          UL 60079-2.
                                        Standards Organization.
ISA 60079-5..........................  Standard Withdrawn by          UL 60079-5.
                                        Standards Organization.
ISA 60079-18.........................  Standard Withdrawn by          UL 60079-18.
                                        Standards Organization.
----------------------------------------------------------------------------------------------------------------


     Table 3--Test Standards OSHA Proposes To Delete From the Scope of Recognition of CSA Group Testing and
                         Certification Inc. and the Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                       Proposed replacement test standard(s) (if
    Proposed deleted test standard      Reason for proposed deletion                  applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2..........................  Standard Withdrawn by          UL 60079-2.
                                        Standards Organization.
ISA 60079-5..........................  Standard Withdrawn by          UL 60079-5.
                                        Standards Organization.
ISA 60079-18.........................  Standard Withdrawn by          UL 60079-18.
                                        Standards Organization.
----------------------------------------------------------------------------------------------------------------


 Table 4--Test Standards OSHA Proposes To Delete From the Scope of Recognition of Intertek Testing Services, NA,
                                Inc. and the Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                       Proposed replacement test standard(s) (if
    Proposed deleted test standard      Reason for proposed deletion                  applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2..........................  Standard Withdrawn by          UL 60079-2.*
                                        Standards Organization.
ISA 60079-5..........................  Standard Withdrawn by          UL 60079-5.*
                                        Standards Organization.
ISA 60079-18.........................  Standard Withdrawn by          UL 60079-18.*
                                        Standards Organization.
----------------------------------------------------------------------------------------------------------------
* This NRTL already has the proposed replacement test standard(s) in its NRTL Scope of Recognition.


[[Page 35026]]


Table 5--Test Standards OSHA Proposes To Delete From the Scope of Recognition of SGS North America, Inc. and the
                                       Proposed Replacement Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                       Proposed replacement test standard(s) (if
    Proposed deleted test standard      Reason for proposed deletion                  applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2..........................  Standard Withdrawn by          UL 60079-2.
                                        Standards Organization.
ISA 60079-5..........................  Standard Withdrawn by          UL 60079-5.
                                        Standards Organization.
ISA 60079-18.........................  Standard Withdrawn by          UL 60079-18.
                                        Standards Organization.
----------------------------------------------------------------------------------------------------------------

    To obtain or review copies of comments submitted to the docket, 
contact the Docket Office, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials will also be available online at http://www.regulations.gov 
under Docket No. OSHA-2013-0012.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health regarding the removal of three test 
standards from the NRTL Program's List of Appropriate Test Standards 
and to update the scopes of recognition of several NRTLs. The Assistant 
Secretary will make the final decision. 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.

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 July 18, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-15774 Filed 7-23-18; 8:45 am]
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