[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35023-35026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15774]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0012]
Proposed Modification to the List of Appropriate NRTL Program
Test Standards and the Scopes of Recognition of Several NRTLs
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA proposes to delete three test standards
from the NRTL Program's list of appropriate test standards; and update
the scopes of recognition of several NRTLs.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 23, 2018. All submissions must bear a postmark or
provide other evidence of the submission date.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0012,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2013-0012) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. You may also contact Kevin Robinson at the below
address to obtain a copy of the ICR.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 23, 2018 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor by phone (202) 693-1999;
email: meilinger.francis2@dol.gov.
General and technical information: Contact Mr. Kevin Robinson, NRTL
Program, Occupational Safety and Health Administration, U.S. Department
of Labor by phone (202) 693-2110; email: robinson.kevin@dol.gov. OSHA's
web page includes information about the NRTL Program (see http://www.osha.gov).
Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as other relevant information, is
also available on OSHA's web page at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRTL Program recognizes organizations that provide product
safety testing and certification services to manufacturers. These
organizations perform testing and certification, for purposes of the
Program, to U.S. consensus-based product safety test standards. The
products covered by the NRTL Program consist of those items for which
OSHA safety standards require ``certification'' by a NRTL. The
requirements affect electrical products and 38 other types of products.
OSHA does not develop or issue these test standards, but generally
relies on standards development organizations (SDOs) which develop and
maintain the standards using a method that provides input and
consideration of views of industry groups, experts, users, consumers,
governmental authorities and others having broad experience in the
safety field involved.
Removal of Test Standards From the NRTL List of Appropriate Test
Standards
OSHA may propose to remove a test standard from the NRTL list of
appropriate test standards based on an internal review in which NRTL
Program staff review the NRTL list of appropriate test standards to
determine if the test standard conforms to the definition of
appropriate test standard defined in NRTL Program regulations and
policy. There are several reasons for removing a test standard based on
the internal review by NRTL Program staff. First, a document that
provides the methodology for a single test is a test method rather than
an appropriate test standard. A test standard must specify the safety
requirements for a specific type of product(s) (29 CFR 1910.7(c)). A
test method, however, is a ``specified technical procedure for
performing a test'' (CPL 1-0.3, App. B). As such, a test method is not
an appropriate test standard. While a NRTL may use a test method to
determine if certain safety requirements are met, a test method is not
itself a safety requirement for a specific product category.
Second, a document that focuses primarily on usage, installation,
or maintenance requirements would also not be considered an appropriate
test standard (CPL 1-0.3, App. D.IV.B). In some cases, however, a
document may also provide safety test specifications in addition to
usage, installation, and maintenance requirements. In such cases, the
document would be retained as an appropriate test standard based on the
safety test specifications.
Finally, a document may not be considered an appropriate test
standard if the document covers products for which OSHA does not
require testing and certification (CPL 1-0.3, App. D.IV.A).
Similarly, a document that covers electrical product components
would not be considered an appropriate test standard. These documents
apply to types of components that have limitation(s) or condition(s) on
their use, in that they are not appropriate for use as end-use
products. These documents also specify that these types of components
are for use only as part of an end-use product. NRTLs, however,
evaluate such components only in the context of evaluating whether end-
use products requiring NRTL approval are safe for use in the workplace.
Testing such components alone would not indicate that the end-use
products containing the components are safe for use. Accordingly, as a
matter of policy, OSHA considers that documents covering such
components are not appropriate test standards under the NRTL Program.
OSHA notes, however, that it is not proposing to delete from NRTLs'
scopes of recognition any test standards covering end-use products that
contain such components.
OSHA may additionally propose to remove a test standard from the
NRTL list of appropriate test standards if it has been withdrawn by a
SDO. However, OSHA will recognize a NRTL for an appropriate replacement
test standard if the NRTL has the requisite testing and evaluation
capability for implementing the replacement test standard, and the
replacement standard does not require an additional or different
technical capability than an existing test standard. OSHA can add the
replacement test standard to affected NRTLs' scopes of recognition.
II. Proposal To Delete Test Standards From the NRTL Program's List of
Appropriate Test Standards
In this notice, OSHA proposes to delete three test standards from
the
NRTL Program's list of appropriate test standards.
Table 1 lists the test standards that OSHA proposes to delete from
the NRTL Program's list of appropriate test standards, as well as an
abbreviated rationale for OSHA's proposed actions. For a full
discussion of the rationale, see, above, Section I of this notice.
Table 1--Test Standards OSHA Proposes To Delete From NRTL Program's List of Appropriate Test Standards
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Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
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ISA 60079-2.......................... Standard Withdrawn by None.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by None.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by None.
Standards Organization.
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III. Proposed Modifications to Affected NRTLs' Scopes of Recognition
In this notice, OSHA proposes to update the scopes of recognition
of several NRTLs. The tables in this section (Table 2 thru Table 5)
list, for each affected NRTL, the test standard(s) that OSHA proposes
to delete from the scope of recognition of the NRTL and the proposed
appropriate replacement test standard. OSHA's analysis shows that the
proposed replacement standards do not require additional or different
technical capability than the proposed deleted standards so that the
proposed replacement standards are comparable to the proposed deleted
standards. These proposed replacement standards are already on the NRTL
List of Appropriate Test Standards.
OSHA seeks comment on whether its proposed deletions are
appropriate, and whether individual tables omit any appropriate
replacement test standard that is comparable to a withdrawn test
standard. If OSHA determines any appropriate replacement test standard
that is comparable to a withdrawn test standard was omitted, then the
final determination will incorporate that replacement test standard
into the scope of recognition of each affected NRTL.
Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request, by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
Table 2--Test Standards OSHA Proposes To Delete From the Scope of Recognition of the Underwriters Laboratory,
Inc. and the Proposed Replacement Test Standards
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Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
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ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.
Standards Organization.
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Table 3--Test Standards OSHA Proposes To Delete From the Scope of Recognition of CSA Group Testing and
Certification Inc. and the Proposed Replacement Test Standards
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Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
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ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.
Standards Organization.
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Table 4--Test Standards OSHA Proposes To Delete From the Scope of Recognition of Intertek Testing Services, NA,
Inc. and the Proposed Replacement Test Standards
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Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
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ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.*
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.*
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.*
Standards Organization.
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* This NRTL already has the proposed replacement test standard(s) in its NRTL Scope of Recognition.
Table 5--Test Standards OSHA Proposes To Delete From the Scope of Recognition of SGS North America, Inc. and the
Proposed Replacement Test Standards
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Proposed replacement test standard(s) (if
Proposed deleted test standard Reason for proposed deletion applicable)
----------------------------------------------------------------------------------------------------------------
ISA 60079-2.......................... Standard Withdrawn by UL 60079-2.
Standards Organization.
ISA 60079-5.......................... Standard Withdrawn by UL 60079-5.
Standards Organization.
ISA 60079-18......................... Standard Withdrawn by UL 60079-18.
Standards Organization.
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To obtain or review copies of comments submitted to the docket,
contact the Docket Office, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials will also be available online at http://www.regulations.gov
under Docket No. OSHA-2013-0012.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding the removal of three test
standards from the NRTL Program's List of Appropriate Test Standards
and to update the scopes of recognition of several NRTLs. The Assistant
Secretary will make the final decision. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this
final decision in the Federal Register.
V. Authority and Signature
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on July 18, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-15774 Filed 7-23-18; 8:45 am]
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