[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01423]
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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: (1) Remove and replace a
test standard from the NRTL Program's list of appropriate test
standards; and (2) 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 March 11, 2019. 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., E.T.
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.
Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2013-0012). 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.
Extension of comment period: Submit requests for an extension of
the comment period on or before March 11, 2019 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. 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
this review. 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 remove from NRTLs'
scopes of recognition any test standards covering end-use products that
contain such components.
II. Proposal To Remove and Replace Test Standards From the NRTL
Program's List of Appropriate Test Standards
In this notice, OSHA proposes to remove one test standard from the
NRTL Program's list of appropriate test standards that has been
withdrawn by a standards development organization. Additionally, OSHA
is proposing to add a new test standard to replace the withdrawn test
standard.
Table 1 lists the test standard that OSHA proposes to remove 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 Standard OSHA Proposes To Remove From NRTL Program's List
of Appropriate Test Standards
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Proposed replacement
Proposed test standard to be Reason for test standard(s) (if
removed proposed removal applicable)
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UL 61010A-2-020--Electrical Standard UL 61010-2-020--
Equipment for Laboratory Use; withdrawn by Standard for Safety
Part 2: Particular Standards Requirements for
Requirements for Laboratory Organization. Electrical Equipment
Equipment for Laboratory for Laboratory Use;
Centrifuges. Part 2-020:
Particular
Requirements for
Laboratory Equipment
for Laboratory
Centrifuges
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III. Proposed Modifications to Affected NRTLs' Scopes of Recognition
In this notice, OSHA additionally proposes to update the scopes of
recognition of several NRTLs with a replacement for the test standard
OSHA proposes to remove. The tables in this section (Table 2 thru Table
5) list, for each affected NRTL, the test standard(s) that OSHA
proposes to remove from the scope of recognition of the NRTL along with
the proposed replacement test standard.
OSHA seeks comment on whether its proposed deletion and replacement
are appropriate, and whether individual tables omit any appropriate
replacement test standard that is comparable to the withdrawn test
standard. If OSHA determines that it omitted any appropriate
replacement test standard that is comparable to the withdrawn test
standard, it will, in its final determination, incorporate the ommitted
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 Standard OSHA Proposes To Remove From the Scope of
Recognition of the Canadian Standards Association
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Proposed replacement
Proposed test standard to be Reason for test standard(s) (if
removed proposed removal applicable)
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UL 61010A-2-020--Electrical Standard UL 61010-2-020--
Equipment for Laboratory Use; withdrawn by Standard for Safety
Part 2: Particular Standards Requirements for
Requirements for Laboratory Organization. Electrical Equipment
Equipment for Laboratory for Laboratory Use;
Centrifuges. Part 2-020:
Particular
Requirements for
Laboratory Equipment
for Laboratory
Centrifuges
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Table 3--Test Standard OSHA Proposes To Remove From the Scope of
Recognition of Intertek Testing Services, NA
------------------------------------------------------------------------
Proposed replacement
Proposed test standard to be Reason for test standard(s) (if
removed proposed removal applicable)
------------------------------------------------------------------------
UL 61010A-2-020--Electrical Standard UL 61010-2-020--
Equipment for Laboratory Use; withdrawn by Standard for Safety
Part 2: Particular Standards Requirements for
Requirements for Laboratory Organization. Electrical Equipment
Equipment for Laboratory for Laboratory Use;
Centrifuges. Part 2-020:
Particular
Requirements for
Laboratory Equipment
for Laboratory
Centrifuges
------------------------------------------------------------------------
Table 4--Test Standard OSHA Proposes To Remove from the Scope of
Recognition of TUV SUD America, Inc.
------------------------------------------------------------------------
Proposed replacement
Proposed test standard to be Reason for test standard(s) (if
removed proposed removal applicable)
------------------------------------------------------------------------
UL 61010A-2-020--Electrical Standard UL 61010-2-020--
Equipment for Laboratory Use; withdrawn by Standard for Safety
Part 2: Particular Standards Requirements for
Requirements for Laboratory Organization. Electrical Equipment
Equipment for Laboratory for Laboratory Use;
Centrifuges. Part 2-020:
Particular
Requirements for
Laboratory Equipment
for Laboratory
Centrifuges
------------------------------------------------------------------------
Table 5--Test Standard OSHA Proposes To Remove from the Scope of
Recognition of Underwriters Laboratory, Inc.
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Proposed replacement
Proposed test standard to be Reason for test standard(s) (if
removed proposed removal applicable)
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UL 61010A-2-020--Electrical Standard UL 61010-2-020--
Equipment for Laboratory Use; withdrawn by Standard for Safety
Part 2: Particular Standards Requirements for
Requirements for Laboratory Organization. Electrical Equipment
Equipment for Laboratory for Laboratory Use;
Centrifuges. Part 2-020:
Particular
Requirements for
Laboratory Equipment
for Laboratory
Centrifuges
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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 one test
standard 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 February 1, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-01423 Filed 2-6-19; 8:45 am]
BILLING CODE 4510-26-P
