83 FR 8113 - Applied Research Laboratories of South Florida, LLC: Application for Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 37 (February 23, 2018)

In this notice, OSHA announces the application of Applied Research Laboratories of South Florida, LLC, for recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to grant this recognition.

[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8113-8116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03713]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0083]


Applied Research Laboratories of South Florida, LLC: Application 
for Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Applied 
Research Laboratories of South Florida, LLC, for recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
Agency's preliminary finding to grant this recognition.

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 March 26, 2018.

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 
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-2007-0083, 
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., E.T.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2007-0083) 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 and 
copying at the OSHA Docket Office. You may also contact Kevin Robinson 
at the address below to obtain a copy of the ICR.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before March 26, 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-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

[[Page 8114]]


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; phone: (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, U.S. Department of Labor; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Many of OSHA's workplace standards require that a NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, the NRTLs must meet 
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capabilities to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition and is not a delegation or grant of 
government authority. Recognition of a NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The Agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides its preliminary finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of the Application for Recognition

    OSHA is providing notice that Applied Research Laboratories of 
South Florida, LLC, (ARL) is applying for recognition as a NRTL. 
According to its public information (see http://www.arl-test.com), ARL 
states that it is an internationally accredited testing laboratory. In 
its application, ARL lists the current address of its headquarters as: 
Applied Research Laboratories of South Florida, LLC, 5371 SW 161 
Street, Miami, Florida 33014. OSHA has determined preliminarily that, 
with conditions, ARL has the capability to perform as a NRTL as 
outlined in 29 CFR 1910.7.
    Each NRTL's scope of recognition has three elements: (1) The type 
of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that have the 
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the 
NRTL's scope of recognition; and (3) the supplemental program(s) that 
the NRTL may use, each of which allows the NRTL to rely on other 
parties to perform activities necessary for testing and certification. 
ARL applied on March 5, 2014, for initial recognition as a NRTL. In its 
initial application, ARL requested recognition for two test standards, 
one site, and two supplemental programs (OSHA-2007-0083-0050). This 
application was amended on December 1, 2014 to add one additional test 
standard (OSHA-2007-0083-0051).\1\ The following sections set forth the 
requested scope of recognition included in ARL's application.
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    \1\ ARL requested recognition for UL 1995, UL 1996, and UL 96. 
OSHA preliminarily denies ARL's UL 96 application. OSHA is, on the 
date of publication of the current notice in the Federal Register, 
also issuing a Federal Register notice proposing to remove UL 96 
from OSHA's List of Appropriate Test Standards because UL 96 is not 
an appropriate test standard. That notice can be accessed via 
www.regulations.gov under Docket ID OSHA-2013-0012. Any member of 
the public objecting generally to the removal of UL 96 from the List 
of Appropriate Test Standards should submit comments to that effect 
pursuant to the instructions in that notice. Any member of the 
public objecting specifically to OSHA's preliminary rejection of 
ARL's request to include UL 96 in its scope of recognition should 
submit comments to that effect pursuant to the instructions in the 
current Notice.
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A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standards found within 
ARL's application for testing and certification of products under the 
NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     ARL's NRTL Scope of Recognition
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             Test standard                     Test standard title
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UL 1995................................  Heating and Cooling Equipment.
UL 1996................................  Standard for Electric Duct
                                          Heaters.
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    The test standards listed above may be approved as U.S. test 
standards by the American National Standards Institute (ANSI). However, 
for convenience, the Agency may use the designations of the standards-
developing organization for the test standards instead of the ANSI 
designation. Under the NRTL Program's policy (see OSHA Instruction CPL 
1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular 
test standard may use either the proprietary version of the test 
standard or the ANSI version of that standard.

B. Sites Requested for Recognition

    The current address of ARL's site included in its application for 
recognition as a NRTL is:
    1. Applied Research Laboratories of South Florida, LLC, 5371 SW 161 
Street, Miami, Florida 33014;
    The NRTL Program requires that to be a recognized site, the site 
listed above must have the capability to conduct product testing in 
accordance with the appropriate test standard for the equipment or 
material being tested and certified.

C. Supplemental Programs

    The supplemental programs listed in ARL's application for 
recognition as a NRTL include the following items:
    Program 1: Basic Procedure. The basic program under which all 
product testing and evaluation is performed in-house by the NRTL that 
will certify the product.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents (for calibration services only).

III. Preliminary Finding on the Application for Recognition as a NRTL

    OSHA's NRTL Program recognition process involves a thorough 
analysis of a NRTL applicant's policies and procedures, and a 
comprehensive on-site review of the applicant's testing and 
certification activities to ensure that the applicant meets the 
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis 
of ARL's application packet and reviewed other pertinent information. 
OSHA staff also performed

[[Page 8115]]

three comprehensive on-site assessments of ARL's testing facilities, on 
February 25-26, 2015, March 30, 2016, and November 28-29, 2017. An 
overview of OSHA's assessment of the four requirements for recognition 
(i.e., capability, control procedures, independence, and credible 
reports and complaint handling) is provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or material to be listed, labeled, or accepted, the NRTL must 
have the capability (including proper testing equipment and facilities, 
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed 
a detailed analysis of ARL's application packet and reviewed other 
pertinent information to assess its capabilities to perform testing and 
certification activities. OSHA preliminarily determined that ARL has 
demonstrated these capabilities through the following:
     ARL facility has adequate test areas, energy sources, and 
procedures for controlling incompatible activities.
     ARL provided a detailed list of its testing equipment. 
Review of the application shows that the equipment listed is available 
and adequate for the standards for which it seeks recognition.
     ARL has detailed procedures for conducting testing, 
review, and evaluation, and for capturing the test and other data 
required by the test standards for which it seeks recognition.
     ARL has detailed procedures addressing the maintenance and 
calibration of equipment, and the types of records maintained for, or 
supporting laboratory activities.
     ARL has sufficient qualified personnel to perform the 
proposed scope of testing based on their education, training, technical 
knowledge, and experience.
     ARL has an adequate quality-control system in place to 
conduct internal audits, as well as track and resolve nonconformances.
    OSHA's on-site assessments of ARL's facility confirmed the 
capabilities described in its application packet. The assessors found 
some non-conformances with the requirements of 29 CFR 1910.7. ARL 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These controls and 
services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure the proper use of identifying marks or labels. OSHA 
staff performed a detailed analysis of ARL's application packet and 
reviewed other pertinent information to assess its control procedures. 
OSHA preliminarily determined that ARL has demonstrated these 
capabilities through the following:
     ARL has a quality-control manual and detailed procedures 
to address the steps involved to list and certify products.
     ARL has a registered certification mark.
     ARL has certification procedures to address the 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities.
    OSHA's on-site assessment of ARL's facility confirmed the 
capabilities described in its application packet. The assessors found 
some non-conformances with the requirements of 29 CFR 1910.7. ARL 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. OSHA has a policy for the independence of NRTLs 
that specifies the criteria used for determining whether an 
organization meets the above requirement (see OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V). This policy contains a non-exhaustive 
list of relationships that would cause an organization to fail to meet 
the specified criteria. OSHA staff performed a detailed analysis of 
ARL's application packet and reviewed other pertinent information to 
assess its independence. OSHA preliminarily determined that ARL has 
demonstrated independence through the following:
     ARL is a privately-owned organization, and OSHA found no 
information regarding ownership that would qualify as a conflict under 
OSHA's independence policy.
     ARL shows that it has none of the relationships described 
in OSHA's independence policy or any other relationship that could 
subject it to undue influence when testing for product safety.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias. The NRTL must also have procedures for 
handling complaints and disputes under a fair and reasonable system. 
OSHA staff performed a detailed analysis of ARL's application packet 
and reviewed other pertinent information to assess its ability to 
produce credible results and handle complaints. OSHA preliminarily 
determined that ARL has demonstrated these capabilities through the 
following:
     ARL has detailed procedures describing the content of test 
reports, and other detailed procedures describing the preparation and 
approval of these reports.
     ARL has procedures for recording, analyzing, and 
processing complaints from users, manufacturers, and other parties in a 
fair manner.
    OSHA's on-site assessments of ARL's facilities confirmed the 
capabilities described in its application packet. The assessors found 
some non-conformances with the requirements of 29 CFR 1910.7. ARL 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.
    OSHA's review of the application file and pertinent documentation, 
as well as the results of the on-site assessments, indicate that ARL 
can meet the requirements prescribed by 29 CFR 1910.7 for recognition 
as a Nationally Recognized Testing Laboratory for its site located in 
Miami, Florida, with the condition that ARL agree to increased OSHA 
oversight of its operations including:
     More frequent on-site assessments of ARL facilities;
     ARL providing OSHA with periodic reports listing the 
products that have been certified under the NRTL Program; and
     Confirmation from ARL that products with ARL Listings 
(non-NRTL) will undergo re-evaluation and re-testing and/or a thorough 
documented review of previously gathered evaluation and testing results 
prior to NRTL certification.
    OSHA's preliminary finding does not constitute an interim or 
temporary approval of ARL's application.
    OSHA welcomes public comment as to whether ARL meets the 
requirements of 29 CFR 1910.7 for recognition as a NRTL. Comments 
should consist of pertinent written documents and exhibits. Commenters 
needing more time to comment must submit a request

[[Page 8116]]

in writing, stating the reasons for the request, for an extension 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. To obtain 
or review copies of the exhibits identified in this notice, as well as 
comments submitted to the docket, contact the Docket Office, Room N-
3653, Occupational Safety and Health Administration, U.S. Department of 
Labor, at the above address. These materials also are available online 
at http://www.regulations.gov under Docket No. OSHA-2007-0083.
    OSHA staff will review all comments submitted to the docket 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 ARL's application for 
recognition as a NRTL. The Assistant Secretary will make the final 
decision on granting the application. 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.

IV. 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 February 16, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-03713 Filed 2-22-18; 8:45 am]
 BILLING CODE 4510-26-P