[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)][Notices][Pages 55505-55506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21937]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0025]
Underwriters Laboratories Inc.: Grant of Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for Underwriters Laboratories Inc., as a
Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA
announces its final decision to incorporate two new test standards into
the NRTL Program's list of appropriate test standards.
DATES: The expansion of the scope of recognition becomes effective on
September 16, 2014.
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, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: Meilinger.francis2@dol.gov.
General and technical information: Contact Mr. David Johnson,
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, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email: johnson.david.w@dol.gov. OSHA's Web page
includes information about the NRTL Program (see
http://www.osha.gov/dts/otpca/nrtl/index.html).
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the expansion of the scope of
recognition of Underwriters Laboratories Inc. (UL), as an NRTL. UL's
expansion covers the addition of 21 test standards to its scope of
recognition.
OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages are
available from the Agency's Web site at
http://www.osha.gov/dts/otpca/nrtl/index.html.
UL submitted an application, dated March 26, 2013 (OSHA-2009-0025-
0008), to expand its recognition to include multiple additional test
standards. OSHA staff performed a comparability analysis and reviewed
other pertinent information. OSHA did not perform any on-site reviews
in relation to this application.
OSHA published the preliminary notice announcing UL's expansion
application in the Federal Register on April 14, 2014 (79 FR 20920).
The Agency requested comments by April 29, 2014, and received one
comment (OSHA-2009-0025-0010) in response to this notice addressing
UL's scope of recognition expansion request. OSHA received no comments
on its proposal to add UL 66 and UL 8750 to the NRTL Program's list of
appropriate test standards.
To obtain or review copies of the publicly available information in
UL's application, including pertinent documents (e.g., exhibits) and
all submitted comments, contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-2625, Washington, DC 20210. These materials also are
available online at http://www.regulations.gov under Docket No. OSHA-
2009-0025.
The sole commenter (OSHA-2009-0025-0010) asserts that UL charges
different prices for the testing of identical products based solely on
an applicant's location and, consequently, is not in compliance with
ISO/IEC Guide 65, Clause 4.4 addressing non-discrimination.\1\ The
comment, however, does not provide any detail that demonstrates that
the referenced products were "exactly the same," nor was there any
information regarding other factors that may have contributed to the
difference in price. While OSHA believes that competition among the
NRTLs helps to control costs for testing and certification services,
there are many factors that affect the price for NRTL certification,
including the volume of products submitted for certification by a
particular applicant (volume discounts), the location and cost of
factory surveillance, and the use of certified components in the
product, to name a few. Any of these, or other, factors could provide
legitimate justification for differences in price for similar or
"exactly the same" products submitted for certification.
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\1\ While the commenter references ISO/IEC Guide 65, Clause
4.4.1, OSHA believes that the correct reference is ISO/IEC Guide 65,
Clause 4.1.1.
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The comment further asserts that UL is "using its monopoly status
on components certification" to charge manufacturers higher fees. OSHA
regulations require certain types of products used in the workplace to
be "acceptable" to OSHA. For most products, the NRTL must test and
certify the product to the appropriate test standard. The NRTL
Program's product-approval requirements apply only to end products. The
NRTL Program requirements do not include the certification of
components. While some NRTLs, including UL, developed a component-
certification program to simplify the process of testing and certifying
an end product, component certifications are not part of the NRTL
Program. With 15 organizations recognized as NRTLs, manufacturers are
free to choose an NRTL with an appropriate scope of recognition that
best suits their business needs.
II. Final Decision and Order
OSHA staff conducted a careful review and analysis of assertions
made in the comment received regarding UL's request to expand its scope
of recognition. OSHA determined that the assertions in the comment are
unsupported and without merit. OSHA staff also examined UL's expansion
application, its capability to meet the requirements of the test
standards, and other pertinent information. Based on its review of this
evidence, OSHA finds that UL meets the requirements of 29 CFR 1910.7
for expansion of its recognition, subject to the limitation and
conditions listed below. OSHA, therefore, is proceeding with this final
notice to grant expansion of UL's scope of recognition. OSHA limits the
expansion of UL's recognition to testing and certification of products
for demonstration of conformance to the test standards listed in Table
1 below.
Table 1--List of Appropriate Test Standards for Inclusion in UL's NRTL
Scope of Recognition
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Test standard Test standard title
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ANSI/UL 2208......................... Solvent Distillation Units.
IEEE C37.20.7........................ IEEE Guide for Testing
Metal[hyphen]Enclosed Switchgear
Rated Up to 38 kV for Internal
Arcing Faults.
ANSI/UL 8750......................... Light Emitting Diode (LED)
Equipment for Use in Lighting
Products.
ANSI/UL 448B......................... Residential Fire Pumps Intended
for One[hyphen] and
Two[hyphen]Family Dwellings and
Manufactured Homes.
ANSI/UL 448C......................... Stationary, Rotary[hyphen]Type,
Positive[hyphen]Displacement
Pumps for Fire Protection
Service.
ANSI/UL 62368-1...................... Audio/Video, Information and
Communication Technology
Equipment--Part 1: Safety
Requirements.
ANSI/UL 50E.......................... Enclosures for Electrical
Equipment, Environmental
Considerations.
ANSI/UL 61800-5-1.................... Adjustable Speed Electrical Power
Drive Systems--Part 5-1: Safety
Requirements--Electrical,
Thermal and Energy.
ANSI/UL 66........................... Fixture Wire.
ANSI/UL 2239......................... Hardware for the Support of
Conduit, Tubing, and Cable.
ANSI/UL 62275........................ Cable Management Systems--Cable
Ties for Electrical
Installations.
ANSI/UL 60335-2-40................... Household and Similar Electrical
Appliances, Part 2: Particular
Requirements for Electrical Heat
Pumps, Air[hyphen]Conditioners
and Dehumidifiers.
ANSI/UL 2560......................... Emergency Call Systems for
Assisted Living and Independent
Living Facilities.
ANSI/UL 2572......................... Mass Notification Systems.
ANSI/UL 2577......................... Suspended Ceiling Grid Low
Voltage Systems and Equipment.
ANSI/UL 8752......................... Organic Light Emitting Diode
(OLED) Panels.
ANSI/UL 60745-2-13................... Hand[hyphen]Held
Motor[hyphen]Operated Electric
Tools--Safety--Part 2-13:
Particular Requirements For
Chain Saws.
ANSI/UL 60745-2-15................... Hand[hyphen]Held
Motor[hyphen]Operated Electric
Tools--Safety--Part 2-15:
Particular Requirements for
Hedge Trimmers.
ANSI/UL 2586......................... Hose Nozzle Valves.
ANSI/UL 2238......................... Cable Assemblies and Fittings for
Industrial Control and Signal
Distribution.
UL 6142.............................. Small Wind Turbine Systems.
------------------------------------------------------------------------
OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, OSHA may use the designation of the standards-
developing organization for the standard as opposed to 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. Contact ANSI to
determine whether a test standard is currently ANSI-approved.
A. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
UL must abide by the following conditions of the recognition:
1. UL must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
2. UL must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. UL must continue to meet the requirements for recognition,
including all previously published conditions on UL's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of UL, subject to the limitation and conditions
specified above. OSHA also is making a final determination that the UL
66 and UL 8750 test standards are appropriate test standards, and,
therefore, is adding these test standards to the NRTL Program's list of
appropriate test standards.
III. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, 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 September 10, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-21937 Filed 9-15-14; 8:45 am]
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