83_FR_35165 83 FR 35023 - Proposed Modification to the List of Appropriate NRTL Program Test Standards and the Scopes of Recognition of Several NRTLs

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)

Page Range35023-35026
FR Document2018-15774

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 Issue 142 (Tuesday, July 24, 2018) 
[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.

-----------------------------------------------------------------------

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: meilinger.francis2@dol.gov.
    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: robinson.kevin@dol.gov. 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]
BILLING CODE 4510-26-P

Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices 35023 I. Notice of the Application for 0043–0023), to expand its recognition to Secretary for Occupational Safety and Expansion include two additional test standards. Health whether to grant TUVAM’s The Occupational Safety and Health OSHA staff performed a detailed application for expansion of its scope of Administration is providing notice that analysis of the application packet and recognition. The Assistant Secretary TUV SUD America, Inc. (TUVAM), is reviewed other pertinent information. will make the final decision on granting applying for expansion of its current OSHA did not perform any on-site the application. In making this decision, recognition as a NRTL. TUVAM reviews in relation to this application. the Assistant Secretary may undertake Table 1 below lists the appropriate other proceedings prescribed in requests the addition of two test test standards found in TUVAM’s Appendix A to 29 CFR 1910.7. standards to its NRTL scope of application for expansion for testing and OSHA will publish a public notice of recognition. certification of products under the its final decision in the Federal OSHA recognition of a NRTL signifies NRTL Program. Register. that the organization meets the requirements specified in 29 CFR IV. Authority and Signature 1910.7. Recognition is an TABLE 1—PROPOSED LIST OF APPRO- PRIATE TEST STANDARDS FOR IN- Loren Sweatt, Deputy Assistant acknowledgment that the organization Secretary of Labor for Occupational can perform independent safety testing CLUSION IN TUVAM’S NRTL Safety and Health, authorized the and certification of the specific products [Scope of Recognition] preparation of this notice. Accordingly, covered within its scope of recognition. the Agency is issuing this notice Test standard Test standard title Each NRTL’s scope of recognition pursuant to 29 U.S.C. 657(g)(2), includes (1) the type of products the UL 924 ............ Standard for Emergency Lighting Secretary of Labor’s Order No. 1–2012 NRTL may test, with each type specified and Power Equipment. (77 FR 3912, Jan. 25, 2012), and 29 CFR by its applicable test standard; and (2) UL 2108 .......... Standard for Low Voltage Lighting Systems. 1910.7. the recognized site(s) that has/have the Signed at Washington, DC, on July 18, technical capability to perform the III. Preliminary Findings on the 2018. product-testing and product- Application Loren Sweatt, certification activities for test standards within the NRTL’s scope. Recognition is TUVAM submitted an acceptable Deputy Assistant Secretary of Labor for application for expansion of its scope of Occupational Safety and Health. not a delegation or grant of government recognition. OSHA’s review of the [FR Doc. 2018–15772 Filed 7–23–18; 8:45 am] authority; however, recognition enables employers to use products approved by application file, and pertinent BILLING CODE 4510–26–P the NRTL to meet OSHA standards that documentation, indicates that TUVAM require product testing and certification. can meet the requirements prescribed by 29 CFR 1910.7 for expanding its DEPARTMENT OF LABOR The Agency processes applications by a NRTL for initial recognition and for an recognition to include the addition of Occupational Safety and Health expansion or renewal of this these two test standards for NRTL Administration recognition, following requirements in testing and certification listed above. Appendix A of 29 CFR 1910.7. This This preliminary finding does not [Docket No. OSHA–2013–0012] appendix requires that the Agency constitute an interim or temporary approval of TUVAM’s application. Proposed Modification to the List of publish two notices in the Federal OSHA welcomes public comment as Appropriate NRTL Program Test Register in processing an application. In to whether TUVAM meets the Standards and the Scopes of the first notice, OSHA announces the requirements of 29 CFR 1910.7 for Recognition of Several NRTLs application and provides its preliminary finding. In the second notice, the expansion of its recognition as a NRTL. AGENCY: Occupational Safety and Health Agency provides its final decision on Comments should consist of pertinent Administration (OSHA), Labor. the application. These notices set forth written documents and exhibits. ACTION: Notice. the NRTL’s scope of recognition or Commenters needing more time to modifications of that scope. OSHA comment must submit a request in SUMMARY: In this notice, OSHA proposes maintains an informational web page for writing, stating the reasons for the to delete three test standards from the each NRTL, including TUVAM, which request. Commenters must submit the NRTL Program’s list of appropriate test details the NRTL’s scope of recognition. written request for an extension by the standards; and update the scopes of These pages are available from the due date for comments. OSHA will limit recognition of several NRTLs. OSHA website at http://www.osha.gov/ any extension to 10 days unless the DATES: Submit comments, information, dts/otpca/nrtl/index.html. requester justifies a longer period. and documents in response to this TUVAM currently has six facilities OSHA may deny a request for an notice, or requests for an extension of (sites) recognized by OSHA for product extension if the request is not time to make a submission, on or before testing and certification, with its adequately justified. To obtain or review August 23, 2018. All submissions must headquarters located at: TUV SUD copies of the exhibits identified in this bear a postmark or provide other America, Inc., 10 Technology Drive, notice, as well as comments submitted evidence of the submission date. Peabody, MA 01960. A complete list of to the docket, contact the Docket Office, ADDRESSES: TUVAM’s scope of recognition at the above address. These materials Electronically: You may submit also are available online at http:// jstallworth on DSKBBY8HB2PROD with NOTICES (including sites) recognized by OSHA is comments and attachments available at https://www.osha.gov/dts/ www.regulations.gov under Docket No. electronically at: http:// otpca/nrtl/tuvam.html. OSHA–2007–0043. www.regulations.gov, which is the OSHA staff will review all comments Federal eRulemaking Portal. Follow the II. General Background on the to the docket submitted in a timely instructions online for submitting Application manner and, after addressing the issues comments. TUVAM submitted an application, raised by these comments, will make a Facsimile: If your comments, dated June 12, 2017 (OSHA–2007– recommendation to the Assistant including attachments, are not longer VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1

35024 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices than 10 pages, you may fax them to the Program, Occupational Safety and not itself a safety requirement for a OSHA Docket Office at (202) 693–1648. Health Administration, U.S. Department specific product category. Mail, hand delivery, express mail, of Labor by phone (202) 693–2110; Second, a document that focuses messenger, or courier service: When email: robinson.kevin@dol.gov. OSHA’s primarily on usage, installation, or using this method, you must submit a web page includes information about maintenance requirements would also copy of your comments and attachments the NRTL Program (see http:// not be considered an appropriate test to the OSHA Docket Office, Docket No. www.osha.gov). standard (CPL 1–0.3, App. D.IV.B). In OSHA–2013–0012, Occupational Safety Copies of this Federal Register some cases, however, a document may and Health Administration, U.S. notice: Electronic copies of this Federal also provide safety test specifications in Department of Labor, Room N–3653, Register notice are available at http:// addition to usage, installation, and 200 Constitution Avenue NW, www.regulations.gov. This Federal maintenance requirements. In such Washington, DC 20210. Deliveries Register notice, as well as other relevant cases, the document would be retained (hand, express mail, messenger, and information, is also available on OSHA’s as an appropriate test standard based on courier service) are accepted during the web page at http://www.osha.gov. the safety test specifications. Department of Labor’s and Docket SUPPLEMENTARY INFORMATION: Finally, a document may not be Office’s normal business hours, 10:00 considered an appropriate test standard a.m. to 3:00 p.m., ET. I. Background if the document covers products for Instructions: All submissions must The NRTL Program recognizes which OSHA does not require testing include the agency name and OSHA organizations that provide product and certification (CPL 1–0.3, App. docket number (OSHA–2013–0012) for safety testing and certification services D.IV.A). the Information Collection Request to manufacturers. These organizations Similarly, a document that covers (ICR). All comments, including any perform testing and certification, for electrical product components would personal information you provide, are purposes of the Program, to U.S. not be considered an appropriate test placed in the public docket without consensus-based product safety test change, and may be made available standard. These documents apply to standards. The products covered by the online at http://www.regulations.gov. types of components that have NRTL Program consist of those items for For further information on submitting limitation(s) or condition(s) on their which OSHA safety standards require comments, see the ‘‘Public ‘‘certification’’ by a NRTL. The use, in that they are not appropriate for Participation’’ heading in the section of requirements affect electrical products use as end-use products. These this notice titled SUPPLEMENTARY and 38 other types of products. OSHA documents also specify that these types INFORMATION. does not develop or issue these test of components are for use only as part Docket: To read or download standards, but generally relies on of an end-use product. NRTLs, however, comments or other material in the standards development organizations evaluate such components only in the docket, go to http://www.regulations.gov (SDOs) which develop and maintain the context of evaluating whether end-use or the OSHA Docket Office at the above standards using a method that provides products requiring NRTL approval are address. All documents in the docket input and consideration of views of safe for use in the workplace. Testing (including this Federal Register industry groups, experts, users, such components alone would not notice) are listed in the http:// consumers, governmental authorities indicate that the end-use products www.regulations.gov index; however, and others having broad experience in containing the components are safe for some information (e.g., copyrighted the safety field involved. use. Accordingly, as a matter of policy, material) is not publicly available to OSHA considers that documents read or download through the website. Removal of Test Standards From the covering such components are not All submissions, including copyrighted NRTL List of Appropriate Test appropriate test standards under the material, are available for inspection at Standards NRTL Program. OSHA notes, however, the OSHA Docket Office. You may also OSHA may propose to remove a test that it is not proposing to delete from contact Kevin Robinson at the below standard from the NRTL list of NRTLs’ scopes of recognition any test address to obtain a copy of the ICR. appropriate test standards based on an standards covering end-use products Extension of comment period: Submit internal review in which NRTL Program that contain such components. requests for an extension of the staff review the NRTL list of appropriate OSHA may additionally propose to comment period on or before August 23, test standards to determine if the test remove a test standard from the NRTL 2018 to the Office of Technical standard conforms to the definition of list of appropriate test standards if it has Programs and Coordination Activities, appropriate test standard defined in been withdrawn by a SDO. However, Directorate of Technical Support and NRTL Program regulations and policy. OSHA will recognize a NRTL for an Emergency Management, Occupational There are several reasons for removing appropriate replacement test standard if Safety and Health Administration, U.S. a test standard based on the internal the NRTL has the requisite testing and Department of Labor, 200 Constitution review by NRTL Program staff. First, a evaluation capability for implementing Avenue NW, Room N–3653, document that provides the the replacement test standard, and the Washington, DC 20210, or by fax to methodology for a single test is a test replacement standard does not require (202) 693–1644. method rather than an appropriate test an additional or different technical FOR FURTHER INFORMATION CONTACT: standard. A test standard must specify capability than an existing test standard. Information regarding this notice is the safety requirements for a specific OSHA can add the replacement test type of product(s) (29 CFR 1910.7(c)). A jstallworth on DSKBBY8HB2PROD with NOTICES available from the following sources: standard to affected NRTLs’ scopes of Press inquiries: Contact Mr. Frank test method, however, is a ‘‘specified recognition. Meilinger, Director, OSHA Office of technical procedure for performing a II. Proposal To Delete Test Standards Communications, U.S. Department of test’’ (CPL 1–0.3, App. B). As such, a From the NRTL Program’s List of Labor by phone (202) 693–1999; email: test method is not an appropriate test Appropriate Test Standards meilinger.francis2@dol.gov. standard. While a NRTL may use a test General and technical information: method to determine if certain safety In this notice, OSHA proposes to Contact Mr. Kevin Robinson, NRTL requirements are met, a test method is delete three test standards from the VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1

Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices 35025 NRTL Program’s list of appropriate test NRTL Program’s list of appropriate test For a full discussion of the rationale, standards. standards, as well as an abbreviated see, above, Section I of this notice. Table 1 lists the test standards that rationale for OSHA’s proposed actions. OSHA proposes to delete from the TABLE 1—TEST STANDARDS OSHA PROPOSES TO DELETE FROM NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS Proposed replacement test Proposed deleted test standard Reason for proposed deletion standard(s) (if applicable) ISA 60079–2 ...................................... Standard Withdrawn by Standards Organization .......................................... None. ISA 60079–5 ...................................... Standard Withdrawn by Standards Organization .......................................... None. ISA 60079–18 .................................... Standard Withdrawn by Standards Organization .......................................... None. III. Proposed Modifications to Affected proposed deleted standards so that the determination will incorporate that NRTLs’ Scopes of Recognition proposed replacement standards are replacement test standard into the scope comparable to the proposed deleted of recognition of each affected NRTL. In this notice, OSHA proposes to standards. These proposed replacement update the scopes of recognition of Comments should consist of pertinent standards are already on the NRTL List several NRTLs. The tables in this written documents and exhibits. of Appropriate Test Standards. section (Table 2 thru Table 5) list, for OSHA seeks comment on whether its Commenters needing more time to each affected NRTL, the test standard(s) proposed deletions are appropriate, and comment must submit a request in that OSHA proposes to delete from the whether individual tables omit any writing, stating the reasons for the scope of recognition of the NRTL and appropriate replacement test standard request, by the due date for comments. the proposed appropriate replacement that is comparable to a withdrawn test OSHA will limit any extension to 10 test standard. OSHA’s analysis shows standard. If OSHA determines any days unless the requester justifies a that the proposed replacement appropriate replacement test standard longer time period. OSHA may deny a standards do not require additional or that is comparable to a withdrawn test request for an extension if it is not different technical capability than the standard was omitted, then the final 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 Proposed deleted test standard Reason for proposed deletion standard(s) (if applicable) ISA 60079–2 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–2. ISA 60079–5 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–5. ISA 60079–18 .................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–18. 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 Proposed deleted test standard Reason for proposed deletion standard(s) (if applicable) ISA 60079–2 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–2. ISA 60079–5 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–5. ISA 60079–18 .................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–18. 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 Proposed deleted test standard Reason for proposed deletion standard(s) (if applicable) jstallworth on DSKBBY8HB2PROD with NOTICES ISA 60079–2 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–2.* ISA 60079–5 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–5.* ISA 60079–18 .................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–18.* * This NRTL already has the proposed replacement test standard(s) in its NRTL Scope of Recognition. VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1

35026 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Notices 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 Proposed deleted test standard Reason for proposed deletion standard(s) (if applicable) ISA 60079–2 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–2. ISA 60079–5 ...................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–5. ISA 60079–18 .................................... Standard Withdrawn by Standards Organization .......................................... UL 60079–18. To obtain or review copies of DEPARTMENT OF LABOR Docket Office for information about comments submitted to the docket, security procedures concerning delivery contact the Docket Office, Occupational Occupational Safety and Health of materials by express mail, hand Safety and Health Administration, U.S. Administration delivery, or messenger service. The Department of Labor, at the above [Docket No. OSHA–2006–0028] hours of operation for the OSHA Docket address. These materials will also be Office are 10:00 a.m.–3:00 p.m., ET. available online at http:// MET Laboratories, Inc.: Application for Instructions: All submissions must www.regulations.gov under Docket No. Expansion of Recognition and include the agency name and the OSHA OSHA–2013–0012. Proposed Modification to the NRTL docket number (OSHA–2006–0028). Program’s List of Appropriate Test OSHA places comments and other OSHA staff will review all comments Standards materials, including any personal to the docket submitted in a timely information, in the public docket manner and, after addressing the issues AGENCY: Occupational Safety and Health without revision, and these materials raised by these comments, will make a Administration (OSHA), Labor. will be available online at http:// recommendation to the Assistant ACTION: Notice. www.regulations.gov. Therefore, the Secretary for Occupational Safety and agency cautions commenters about Health regarding the removal of three SUMMARY: In this notice, OSHA announces the application of MET submitting statements they do not want test standards from the NRTL Program’s made available to the public, or List of Appropriate Test Standards and Laboratories, Inc., for expansion of its recognition as a Nationally Recognized submitting comments that contain to update the scopes of recognition of personal information (either about Testing Laboratory (NRTL) and presents several NRTLs. The Assistant Secretary themselves or others) such as Social the Agency’s preliminary finding to will make the final decision. In making grant the application. Additionally, Security numbers, birth dates, and this decision, the Assistant Secretary OSHA proposes to add one new test medical data. may undertake other proceedings standard to the NRTL Program’s List of Docket: To read or download prescribed in Appendix A to 29 CFR Appropriate Test Standards. submissions or other material in the 1910.7. OSHA will publish a public docket, go to http://www.regulations.gov DATES: Submit comments, information, notice of this final decision in the or the OSHA Docket Office at the above and documents in response to this Federal Register. address. All documents in the docket notice, or requests for an extension of are listed in the http:// V. Authority and Signature time to make a submission, on or before www.regulations.gov index; however, August 8, 2018. Loren Sweatt, Deputy Assistant some information (e.g., copyrighted ADDRESSES: Submit comments by any of material) is not publicly available to Secretary of Labor for Occupational the following methods: read or download through the website. Safety and Health, authorized the Electronically: Submit comments and All submissions, including copyrighted preparation of this notice. Accordingly, attachments electronically at http:// material, are available for inspection at the Agency is issuing this notice www.regulations.gov, which is the the OSHA Docket Office. Contact the pursuant to 29 U.S.C. 657(g)(2)), Federal eRulemaking Portal. Follow the OSHA Docket Office for assistance in Secretary of Labor’s Order No. 1–2012 instructions online for making locating docket submissions. (77 FR 3912, Jan. 25, 2012), and 29 CFR electronic submissions. Facsimile: If submissions, including Extension of comment period: Submit 1910.7. requests for an extension of the attachments, are not longer than 10 Signed at Washington, DC, on July 18, pages, commenters may fax them to the comment period on or before August 8, 2018. OSHA Docket Office at (202) 693–1648. 2018 to the Office of Technical Loren Sweatt, Regular or express mail, hand Programs and Coordination Activities, Deputy Assistant Secretary of Labor for delivery, or messenger (courier) service: Directorate of Technical Support and Occupational Safety and Health. Submit comments, requests, and any Emergency Management, Occupational [FR Doc. 2018–15774 Filed 7–23–18; 8:45 am] attachments to the OSHA Docket Office, Safety and Health Administration, U.S. Docket No. OSHA–2006–0028, Department of Labor, 200 Constitution BILLING CODE 4510–26–P Technical Data Center, U.S. Department Avenue NW, Room N–3653, of Labor, 200 Constitution Avenue NW, Washington, DC 20210, or by fax to jstallworth on DSKBBY8HB2PROD with NOTICES Room N–3653, Washington, DC 20210; (202) 693–1644. telephone: (202) 693–2350 (TTY FOR FURTHER INFORMATION CONTACT: number: (877) 889–5627). Note that Information regarding this notice is security procedures may result in available from the following sources: significant delays in receiving Press inquiries: Contact Mr. Frank comments and other written materials Meilinger Director, OSHA Office of by regular mail. Contact the OSHA Communications, phone: (202) 693– VerDate Sep<11>2014 13:59 Jul 23, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\24JYN1.SGM 24JYN1


Document Created: 2018-07-24 00:10:50
Document Modified: 2018-07-24 00:10:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit 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.
ContactInformation regarding this notice is available from the following sources:
FR Citation83 FR 35023 
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