83_FR_8150 83 FR 8113 - Applied Research Laboratories of South Florida, LLC: Application for Recognition

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)

Page Range8113-8116
FR Document2018-03713

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 Issue 37 (Friday, February 23, 2018)
[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.

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

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: meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor; phone: 
(202) 693-2110 or email: robinson.kevin@dol.gov.

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

    \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
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 1995................................  Heating and Cooling Equipment.
UL 1996................................  Standard for Electric Duct
                                          Heaters.
------------------------------------------------------------------------

    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



                                                                              Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                           8113

                                                TABLE 3—TEST STANDARD OSHA PROPOSES TO DELETE FROM THE SCOPE OF RECOGNITION OF CANADIAN STANDARDS
                                                                                          ASSOCIATION
                                                                                                                                                                                  Proposed replacement
                                                                Proposed deleted test standard                                       Reason for proposed deletion                    test standard(s)
                                                                                                                                                                                      (if applicable)

                                               UL 96—Lighting Protection Components ...........................     Standard does not include products required to be cer-      None.
                                                                                                                      tified by NRTLs.


                                                  TABLE 4—TEST STANDARD OSHA PROPOSES TO DELETE FROM THE SCOPE OF RECOGNITION OF INTERTEK TESTING
                                                                                          SERVICES, NA
                                                                                                                                                                                  Proposed replacement
                                                                Proposed deleted test standard                                       Reason for proposed deletion                    test standard(s)
                                                                                                                                                                                      (if applicable)

                                               UL 96—Lighting Protection Components ...........................     Standard does not include products required to be cer-      None.
                                                                                                                      tified by NRTLs.



                                                 To obtain or review copies of                          DEPARTMENT OF LABOR                                   (hand, express mail, messenger, and
                                               comments submitted to the docket,                                                                              courier service) are accepted during the
                                               contact the Docket Office, Occupational                  Occupational Safety and Health                        Department of Labor’s and Docket
                                               Safety and Health Administration, U.S.                   Administration                                        Office’s normal business hours, 10:00
                                               Department of Labor, at the above                        [Docket No. OSHA–2007–0083]                           a.m. to 3:00 p.m., E.T.
                                               address. These materials will also be                                                                             Instructions: All submissions must
                                               available online at http://                              Applied Research Laboratories of                      include the Agency name and OSHA
                                               www.regulations.gov under Docket No.                     South Florida, LLC: Application for                   docket number (OSHA–2007–0083) for
                                               OSHA–2013–0012.                                          Recognition                                           the Information Collection Request
                                                                                                                                                              (ICR). All comments, including any
                                                 OSHA staff will review all comments                    AGENCY: Occupational Safety and Health                personal information you provide, are
                                               to the docket submitted in a timely                      Administration (OSHA), Labor.                         placed in the public docket without
                                               manner and, after addressing the issues                  ACTION: Notice.                                       change, and may be made available
                                               raised by these comments, will make a                                                                          online at http://www.regulations.gov.
                                               recommendation to the Assistant                          SUMMARY:   In this notice, OSHA                       For further information on submitting
                                               Secretary for Occupational Safety and                    announces the application of Applied                  comments, see the ‘‘Public
                                               Health regarding the removal of one test                 Research Laboratories of South Florida,               Participation’’ heading in the section of
                                               standard from the NRTL Program’s List                    LLC, for recognition as a Nationally                  this notice titled SUPPLEMENTARY
                                               of Appropriate Test Standards and to                     Recognized Testing Laboratory (NRTL)                  INFORMATION.
                                                                                                        and presents the Agency’s preliminary                    Docket: To read or download
                                               update the scopes of recognition of
                                                                                                        finding to grant this recognition.                    comments or other material in the
                                               several NRTLs. The Assistant Secretary
                                                                                                        DATES: Submit comments, information,                  docket, go to http://www.regulations.gov
                                               will make the final decision. In making
                                               this decision, the Assistant Secretary                   and documents in response to this                     or the OSHA Docket Office at the above
                                                                                                        notice, or requests for an extension of               address. All documents in the docket
                                               may undertake other proceedings
                                                                                                        time to make a submission, on or before               (including this Federal Register notice)
                                               prescribed in Appendix A to 29 CFR
                                                                                                        March 26, 2018.                                       are listed in the http://
                                               1910.7. OSHA will publish a public
                                               notice of this final decision in the                     ADDRESSES:                                            www.regulations.gov index; however,
                                                                                                           Electronically: You may submit                     some information (e.g., copyrighted
                                               Federal Register.
                                                                                                        comments and attachments                              material) is not publicly available to
                                               V. Authority and Signature                               electronically at: http://                            read or download through the website.
                                                                                                        www.regulations.gov, which is the                     All submissions, including copyrighted
                                                 Loren Sweatt, Deputy Assistant                         Federal eRulemaking Portal. Follow the                material, are available for inspection
                                               Secretary of Labor for Occupational                      instructions online for submitting                    and copying at the OSHA Docket Office.
                                               Safety and Health, authorized the                        comments.                                             You may also contact Kevin Robinson at
                                               preparation of this notice. Accordingly,                    Facsimile: If your comments,                       the address below to obtain a copy of
                                               the Agency is issuing this notice                        including attachments, are not longer                 the ICR.
                                               pursuant to 29 U.S.C. 657(g)(2)),                        than 10 pages, you may fax them to the                   Extension of comment period: Submit
                                               Secretary of Labor’s Order No. 1–2012                    OSHA Docket Office at (202) 693–1648.                 requests for an extension of the
                                               (77 FR 3912, Jan. 25, 2012), and 29 CFR                     Mail, hand delivery, express mail,                 comment period on or before March 26,
                                               1910.7.                                                  messenger, or courier service: When                   2018 to the Office of Technical
                                                                                                        using this method, you must submit a                  Programs and Coordination Activities,
daltland on DSKBBV9HB2PROD with NOTICES




                                                 Signed at Washington, DC, on February 16,
                                               2018.
                                                                                                        copy of your comments and attachments                 Directorate of Technical Support and
                                                                                                        to the OSHA Docket Office, Docket No.                 Emergency Management, Occupational
                                               Loren Sweatt,                                            OSHA–2007–0083, Occupational Safety                   Safety and Health Administration, U.S.
                                               Deputy Assistant Secretary of Labor for                  and Health Administration, U.S.                       Department of Labor, 200 Constitution
                                               Occupational Safety and Health.                          Department of Labor, Room N–3653,                     Avenue NW, Room N–3655,
                                               [FR Doc. 2018–03714 Filed 2–22–18; 8:45 am]              200 Constitution Avenue NW,                           Washington, DC 20210, or by fax to
                                               BILLING CODE 4510–26–P                                   Washington, DC 20210. Deliveries                      (202) 693–1644.


                                          VerDate Sep<11>2014    18:52 Feb 22, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM   23FEN1


                                               8114                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               FOR FURTHER INFORMATION CONTACT:                        decision on the application. These                      TABLE 1—PROPOSED LIST OF APPRO-
                                               Information regarding this notice is                    notices set forth the NRTL’s scope of                    PRIATE TEST STANDARDS FOR IN-
                                               available from the following sources:                   recognition.                                             CLUSION IN ARL’S NRTL SCOPE OF
                                                 Press inquiries: Contact Mr. Frank
                                               Meilinger, Director, OSHA Office of                     II. Notice of the Application for                        RECOGNITION
                                               Communications, U.S. Department of                      Recognition
                                                                                                                                                              Test standard            Test standard title
                                               Labor; phone: (202) 693–1999; email:                       OSHA is providing notice that
                                               meilinger.francis2@dol.gov.                             Applied Research Laboratories of South                 UL 1995 .........   Heating and Cooling Equip-
                                                 General and technical information:                    Florida, LLC, (ARL) is applying for                                          ment.
                                               Contact Mr. Kevin Robinson, Director,                   recognition as a NRTL. According to its                UL 1996 .........   Standard for Electric Duct
                                               Office of Technical Programs and                        public information (see http://www.arl-                                      Heaters.
                                               Coordination Activities, Directorate of                 test.com), ARL states that it is an
                                               Technical Support and Emergency                         internationally accredited testing                       The test standards listed above may
                                               Management, Occupational Safety and                     laboratory. In its application, ARL lists              be approved as U.S. test standards by
                                               Health Administration, U.S. Department                  the current address of its headquarters                the American National Standards
                                               of Labor; phone: (202) 693–2110 or                      as: Applied Research Laboratories of                   Institute (ANSI). However, for
                                               email: robinson.kevin@dol.gov.                          South Florida, LLC, 5371 SW 161 Street,                convenience, the Agency may use the
                                               SUPPLEMENTARY INFORMATION:                              Miami, Florida 33014. OSHA has                         designations of the standards-
                                                                                                       determined preliminarily that, with                    developing organization for the test
                                               I. Background                                           conditions, ARL has the capability to                  standards instead of the ANSI
                                                  Many of OSHA’s workplace standards                   perform as a NRTL as outlined in 29                    designation. Under the NRTL Program’s
                                               require that a NRTL test and certify                    CFR 1910.7.                                            policy (see OSHA Instruction CPL 1–
                                               certain types of equipment as safe for                     Each NRTL’s scope of recognition has                0.3, Appendix C, paragraph XIV), any
                                               use in the workplace. NRTLs are                         three elements: (1) The type of products               NRTL recognized for a particular test
                                               independent laboratories that meet                      the NRTL may test, with each type                      standard may use either the proprietary
                                               OSHA’s requirements for performing                      specified by its applicable test standard;             version of the test standard or the ANSI
                                               safety testing and certification of                     (2) the recognized site(s) that have the               version of that standard.
                                               products used in the workplace. To                      technical capability to perform the
                                               obtain and retain OSHA recognition, the                 product-testing and product-                           B. Sites Requested for Recognition
                                               NRTLs must meet the requirements in                     certification activities for the applicable               The current address of ARL’s site
                                               the NRTL Program regulations at 29 CFR                  test standards within the NRTL’s scope                 included in its application for
                                               1910.7. More specifically, to be                        of recognition; and (3) the supplemental               recognition as a NRTL is:
                                               recognized by OSHA, an organization                     program(s) that the NRTL may use, each                    1. Applied Research Laboratories of
                                               must: (1) Have the appropriate                          of which allows the NRTL to rely on                    South Florida, LLC, 5371 SW 161 Street,
                                               capability to test, evaluate, and approve               other parties to perform activities                    Miami, Florida 33014;
                                               products to assure their safe use in the                necessary for testing and certification.                  The NRTL Program requires that to be
                                               workplace; (2) be completely                            ARL applied on March 5, 2014, for                      a recognized site, the site listed above
                                               independent of employers subject to the                 initial recognition as a NRTL. In its                  must have the capability to conduct
                                               tested equipment requirements, and                      initial application, ARL requested                     product testing in accordance with the
                                               manufacturers and vendors of products                   recognition for two test standards, one                appropriate test standard for the
                                               for which OSHA requires certification;                  site, and two supplemental programs                    equipment or material being tested and
                                               (3) have internal programs that ensure                  (OSHA–2007–0083–0050). This                            certified.
                                               proper control of the testing and                       application was amended on December
                                               certification process; and (4) have                     1, 2014 to add one additional test                     C. Supplemental Programs
                                               effective reporting and complaint                       standard (OSHA–2007–0083–0051).1                          The supplemental programs listed in
                                               handling procedures. Recognition is an                  The following sections set forth the                   ARL’s application for recognition as a
                                               acknowledgement by OSHA that the                        requested scope of recognition included                NRTL include the following items:
                                               NRTL has the capabilities to perform                    in ARL’s application.                                     Program 1: Basic Procedure. The basic
                                               independent safety testing and                                                                                 program under which all product testing
                                                                                                       A. Standards Requested for Recognition
                                               certification of the specific products                                                                         and evaluation is performed in-house by
                                               covered within the NRTL’s scope of                        Table 1 below lists the appropriate                  the NRTL that will certify the product.
                                               recognition and is not a delegation or                  test standards found within ARL’s                         Program 9: Acceptance of services
                                               grant of government authority.                          application for testing and certification              other than testing or evaluation
                                               Recognition of a NRTL by OSHA also                      of products under the NRTL Program.                    performed by subcontractors or agents
                                               allows employers to use products                                                                               (for calibration services only).
                                                                                                         1 ARL requested recognition for UL 1995, UL
                                               certified by that NRTL to meet those                    1996, and UL 96. OSHA preliminarily denies ARL’s       III. Preliminary Finding on the
                                               OSHA standards that require product                     UL 96 application. OSHA is, on the date of             Application for Recognition as a NRTL
                                               testing and certification.                              publication of the current notice in the Federal
                                                  The Agency processes applications for                Register, also issuing a Federal Register notice          OSHA’s NRTL Program recognition
                                                                                                       proposing to remove UL 96 from OSHA’s List of          process involves a thorough analysis of
                                               initial recognition following                           Appropriate Test Standards because UL 96 is not
                                               requirements in Appendix A of 29 CFR                    an appropriate test standard. That notice can be       a NRTL applicant’s policies and
                                               1910.7. This appendix requires OSHA to                  accessed via www.regulations.gov under Docket ID       procedures, and a comprehensive on-
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                                               publish two notices in the Federal                      OSHA–2013–0012. Any member of the public               site review of the applicant’s testing and
                                                                                                       objecting generally to the removal of UL 96 from the
                                               Register in processing an application. In               List of Appropriate Test Standards should submit
                                                                                                                                                              certification activities to ensure that the
                                               the first notice, OSHA announces the                    comments to that effect pursuant to the instructions   applicant meets the requirements of 29
                                               application, provides its preliminary                   in that notice. Any member of the public objecting     CFR 1910.7. OSHA staff performed a
                                                                                                       specifically to OSHA’s preliminary rejection of        detailed analysis of ARL’s application
                                               finding, and solicits comments on its                   ARL’s request to include UL 96 in its scope of
                                               preliminary findings. In the second                     recognition should submit comments to that effect      packet and reviewed other pertinent
                                               notice, the Agency provides its final                   pursuant to the instructions in the current Notice.    information. OSHA staff also performed


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                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                           8115

                                               three comprehensive on-site                             labeled, or accepted. These controls and              D. Credible Reports and Complaint
                                               assessments of ARL’s testing facilities,                services include procedures for                       Handling
                                               on February 25–26, 2015, March 30,                      identifying the listed or labeled                        Section 1910.7(b)(4) specifies that a
                                               2016, and November 28–29, 2017. An                      equipment or materials, inspections of                NRTL must maintain effective
                                               overview of OSHA’s assessment of the                    production runs at factories to assure                procedures for producing credible
                                               four requirements for recognition (i.e.,                conformance with test standards, and                  findings and reports that are objective
                                               capability, control procedures,                         field inspections to monitor and assure               and free of bias. The NRTL must also
                                               independence, and credible reports and                  the proper use of identifying marks or                have procedures for handling
                                               complaint handling) is provided below.                  labels. OSHA staff performed a detailed
                                                                                                                                                             complaints and disputes under a fair
                                                                                                       analysis of ARL’s application packet
                                               A. Capability                                                                                                 and reasonable system. OSHA staff
                                                                                                       and reviewed other pertinent
                                                                                                                                                             performed a detailed analysis of ARL’s
                                                  Section 1910.7(b)(1) states that, for                information to assess its control
                                                                                                                                                             application packet and reviewed other
                                               each specified item of equipment or                     procedures. OSHA preliminarily
                                                                                                                                                             pertinent information to assess its
                                               material to be listed, labeled, or                      determined that ARL has demonstrated
                                                                                                                                                             ability to produce credible results and
                                               accepted, the NRTL must have the                        these capabilities through the following:
                                                                                                          • ARL has a quality-control manual                 handle complaints. OSHA preliminarily
                                               capability (including proper testing
                                                                                                       and detailed procedures to address the                determined that ARL has demonstrated
                                               equipment and facilities, trained staff,
                                                                                                       steps involved to list and certify                    these capabilities through the following:
                                               written testing procedures, and
                                                                                                       products.                                                • ARL has detailed procedures
                                               calibration and quality-control
                                                                                                          • ARL has a registered certification               describing the content of test reports,
                                               programs) to perform appropriate
                                                                                                       mark.                                                 and other detailed procedures
                                               testing. OSHA staff performed a detailed
                                                                                                          • ARL has certification procedures to              describing the preparation and approval
                                               analysis of ARL’s application packet
                                                                                                       address the authorization of                          of these reports.
                                               and reviewed other pertinent
                                                                                                       certifications and audits of factory                     • ARL has procedures for recording,
                                               information to assess its capabilities to
                                                                                                       facilities. The audits apply to both the              analyzing, and processing complaints
                                               perform testing and certification
                                                                                                       initial evaluations and the follow-up                 from users, manufacturers, and other
                                               activities. OSHA preliminarily
                                                                                                       inspections of manufacturers’ facilities.             parties in a fair manner.
                                               determined that ARL has demonstrated
                                                                                                          OSHA’s on-site assessment of ARL’s                    OSHA’s on-site assessments of ARL’s
                                               these capabilities through the following:
                                                                                                                                                             facilities confirmed the capabilities
                                                  • ARL facility has adequate test areas,              facility confirmed the capabilities
                                                                                                       described in its application packet. The              described in its application packet. The
                                               energy sources, and procedures for
                                                                                                       assessors found some non-conformances                 assessors found some non-conformances
                                               controlling incompatible activities.
                                                  • ARL provided a detailed list of its                with the requirements of 29 CFR 1910.7.               with the requirements of 29 CFR 1910.7.
                                               testing equipment. Review of the                        ARL addressed these issues sufficiently               ARL addressed these issues sufficiently
                                               application shows that the equipment                    to meet the applicable NRTL                           to meet the applicable NRTL
                                               listed is available and adequate for the                requirements.                                         requirements.
                                               standards for which it seeks recognition.                                                                        OSHA’s review of the application file
                                                                                                       C. Independence                                       and pertinent documentation, as well as
                                                  • ARL has detailed procedures for
                                               conducting testing, review, and                           Section 1910.7(b)(3) requires that the              the results of the on-site assessments,
                                               evaluation, and for capturing the test                  NRTL be completely independent of                     indicate that ARL can meet the
                                               and other data required by the test                     employers that are subject to the testing             requirements prescribed by 29 CFR
                                               standards for which it seeks recognition.               requirements, and of any manufacturers                1910.7 for recognition as a Nationally
                                                  • ARL has detailed procedures                        or vendors of equipment or materials                  Recognized Testing Laboratory for its
                                               addressing the maintenance and                          tested under the NRTL Program. OSHA                   site located in Miami, Florida, with the
                                               calibration of equipment, and the types                 has a policy for the independence of                  condition that ARL agree to increased
                                               of records maintained for, or supporting                NRTLs that specifies the criteria used                OSHA oversight of its operations
                                               laboratory activities.                                  for determining whether an organization               including:
                                                  • ARL has sufficient qualified                       meets the above requirement (see OSHA                    • More frequent on-site assessments
                                               personnel to perform the proposed                       Instruction CPL 1–0.3, Appendix C,                    of ARL facilities;
                                               scope of testing based on their                         paragraph V). This policy contains a                     • ARL providing OSHA with periodic
                                               education, training, technical                          non-exhaustive list of relationships that             reports listing the products that have
                                               knowledge, and experience.                              would cause an organization to fail to                been certified under the NRTL Program;
                                                  • ARL has an adequate quality-                       meet the specified criteria. OSHA staff               and
                                               control system in place to conduct                      performed a detailed analysis of ARL’s                   • Confirmation from ARL that
                                               internal audits, as well as track and                   application packet and reviewed other                 products with ARL Listings (non-NRTL)
                                               resolve nonconformances.                                pertinent information to assess its                   will undergo re-evaluation and re-
                                                  OSHA’s on-site assessments of ARL’s                  independence. OSHA preliminarily                      testing and/or a thorough documented
                                               facility confirmed the capabilities                     determined that ARL has demonstrated                  review of previously gathered
                                               described in its application packet. The                independence through the following:                   evaluation and testing results prior to
                                               assessors found some non-conformances                     • ARL is a privately-owned                          NRTL certification.
                                               with the requirements of 29 CFR 1910.7.                 organization, and OSHA found no                          OSHA’s preliminary finding does not
                                               ARL addressed these issues sufficiently                 information regarding ownership that                  constitute an interim or temporary
                                               to meet the applicable NRTL                             would qualify as a conflict under                     approval of ARL’s application.
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                                               requirements.                                           OSHA’s independence policy.                              OSHA welcomes public comment as
                                                                                                         • ARL shows that it has none of the                 to whether ARL meets the requirements
                                               B. Control Procedures                                   relationships described in OSHA’s                     of 29 CFR 1910.7 for recognition as a
                                                 Section 1910.7(b)(2) requires that the                independence policy or any other                      NRTL. Comments should consist of
                                               NRTL provide controls and services, to                  relationship that could subject it to                 pertinent written documents and
                                               the extent necessary, for the particular                undue influence when testing for                      exhibits. Commenters needing more
                                               equipment or material to be listed,                     product safety.                                       time to comment must submit a request


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                                               8116                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               in writing, stating the reasons for the                 Expeditions in Computing Division—                      Reason for Closing: Topics to be
                                               request, for an extension by the due date               Year 2 DeepSpec Site Visit.                           discussed and evaluated during the site
                                               for comments. OSHA will limit any                         Date and Time:                                      review will include information of a
                                               extension to 10 days unless the                         March 21, 2018; 6:30 p.m.–8:30 p.m.                   proprietary or confidential nature,
                                               requester justifies a longer time period.               March 22, 2018; 8:00 a.m.–9:00 p.m.                   including technical information; and
                                               OSHA may deny a request for an                          March 23, 2018; 8:30 a.m.–2:30 p.m.                   information on personnel. These matters
                                               extension if it is not adequately                         Place: Princeton University, 1 Nassau               are exempt under 5 U.S.C. 552b(c), (4)
                                               justified. To obtain or review copies of                Hall, Princeton, NJ 08544.                            and (6) of the Government in the
                                               the exhibits identified in this notice, as                Type of Meeting: Partially Closed.                  Sunshine Act.
                                               well as comments submitted to the                         Contact Person: Anindya Banerjee,                     Dated: February 20, 2018.
                                               docket, contact the Docket Office, Room                 Expeditions in Computing Program,                     Crystal Robinson,
                                               N–3653, Occupational Safety and                         National Science Foundation, 2415                     Committee Management Officer.
                                               Health Administration, U.S. Department                  Eisenhower Avenue, Alexandria,                        [FR Doc. 2018–03735 Filed 2–22–18; 8:45 am]
                                               of Labor, at the above address. These                   Virginia 22314; Telephone 703/292–
                                               materials also are available online at                                                                        BILLING CODE 7555–01–P
                                                                                                       8910.
                                               http://www.regulations.gov under                          Purpose of Meeting: Site visit to assess
                                               Docket No. OSHA–2007–0083.                              the progress of the EIC Award: CCF–                   NATIONAL SCIENCE FOUNDATION
                                                 OSHA staff will review all comments                   1521602, ‘‘Collaborative Research:
                                               submitted to the docket in a timely                     Expeditions in Computing: The Science                 Advisory Committee for Environmental
                                               manner and, after addressing the issues                 of Deep Specification,’’ and to provide               Research and Education; Notice of
                                               raised by these comments, will make a                   advice and recommendations                            Meeting
                                               recommendation to the Assistant                         concerning further NSF support for the
                                               Secretary for Occupational Safety and                   project.                                                In accordance with the Federal
                                               Health regarding ARL’s application for                                                                        Advisory Committee Act (Pub. L. 92–
                                               recognition as a NRTL. The Assistant                    Agenda
                                                                                                                                                             463, as amended), the National Science
                                               Secretary will make the final decision                  Wednesday, March 21, 2018                             Foundation (NSF) announces the
                                               on granting the application. In making                                                                        following meeting:
                                               this decision, the Assistant Secretary                  6:30 p.m.–8:30 p.m.: Closed
                                                                                                                                                               Name and Committee Code: Advisory
                                               may undertake other proceedings                           Evening briefing to discuss the                     Committee for Environmental Research
                                               prescribed in Appendix A to 29 CFR                      Expeditions award and forthcoming site                and Education (9487).
                                               1910.7.                                                 visit.
                                                 OSHA will publish a public notice of                                                                         Date and Time:
                                               this final decision in the Federal                      Thursday, March 22, 2018                              April 18, 2018; 9:00 a.m.–5:30 p.m.
                                               Register.                                               8:00 a.m.–12:30 p.m.: Open                            April 19, 2018; 9:00 a.m.–3:00 p.m.
                                               IV. Authority and Signature                               Presentations by Awardee Institution,                 Place: National Science Foundation,
                                                                                                       faculty staff and students, to Site Team              2415 Eisenhower Avenue, Alexandria,
                                                 Loren Sweatt, Deputy Assistant
                                                                                                       and NSF Staff.                                        VA 22314.
                                               Secretary of Labor for Occupational
                                                                                                         Discussions and question and answer                   Type of Meeting: Open.
                                               Safety and Health, authorized the
                                                                                                       sessions.
                                               preparation of this notice. Accordingly,                                                                        Contact Person: Dr. Leah Nichols,
                                               the Agency is issuing this notice                       1:30 p.m.–2:00 p.m.: Closed                           Staff Associate, Office of Integrative
                                               pursuant to 29 U.S.C. 657(g)(2),                          NSF Staff and Panelists deliberation.               Activities/Office of the Director/
                                               Secretary of Labor’s Order No. 1–2012                                                                         National Science Foundation, 2415
                                               (77 FR 3912, Jan. 25, 2012), and 29 CFR                 2:00 p.m.– 5:00 p.m.: Open                            Eisenhower Avenue, Alexandria, VA
                                               1910.7.                                                   Continued presentations by Awardee                  22314; (Email: lenichol@nsf.gov/
                                                 Signed at Washington, DC, on February 16,             Institution. Response and feedback to                 Telephone: (703) 292–2983).
                                               2018.                                                   presentations by Site Team and NSF                      Minutes: May be obtained from
                                               Loren Sweatt,                                           Staff. Discussions and question and                   https://www.nsf.gov/ere/ereweb/
                                               Deputy Assistant Secretary of Labor for                 answer sessions. Draft report on                      minutes.jsp.
                                               Occupational Safety and Health.                         education and research activities.                      Purpose of Meeting: To provide
                                               [FR Doc. 2018–03713 Filed 2–22–18; 8:45 am]             Complete written site visit report with               advice, recommendations, and oversight
                                               BILLING CODE 4510–26–P                                  preliminary recommendations.                          concerning support for environmental
                                                                                                       6:00 p.m.–9:00 p.m.: Closed                           research and education.
                                                                                                                                                               Agenda: Approval of minutes from
                                                                                                         NSF Staff and Panelists working                     past meeting. Updates on agency
                                               NATIONAL SCIENCE FOUNDATION                             dinner.                                               support for environmental research and
                                               Proposal Review Panel for Computing                     Friday, March 23, 2018                                education activities. Discussion with
                                               and Communication Foundations;                                                                                NSF Director and Assistant Directors.
                                                                                                       8:30 a.m.–10:00 a.m.: Open                            Plan for future advisory committee
                                               Notice of Meeting
                                                                                                         Expeditions PIs responses to issues                 activities. Updated agenda will be
                                                 In accordance with the Federal                        raised by panelists.                                  available at https://www.nsf.gov/ere/
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                                               Advisory Committee Act (Pub. L. 92–                                                                           ereweb/minutes.jsp.
                                               463, as amended), the National Science                  10:30 a.m.–2:00 p.m.: Closed
                                               Foundation (NSF) announces the                                                                                  Dated: February 20, 2018.
                                                                                                         Panelists prepare site visit report.
                                               following meeting:                                                                                            Crystal Robinson,
                                                 Name and Committee Code: Proposal                     2:00 p.m.–3:30 p.m.: Open                             Committee Management Officer.
                                               review panel for Computing and                            Presentation of site visit report to                [FR Doc. 2018–03734 Filed 2–22–18; 8:45 am]
                                               Communication Foundations (#1192)—                      Expeditions leadership team.                          BILLING CODE 7555–01–P




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Document Created: 2018-02-23 01:32:27
Document Modified: 2018-02-23 01:32:27
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 March 26, 2018.
ContactInformation regarding this notice is available from the following sources:
FR Citation83 FR 8113 

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