[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Pages 21664-21666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9545]



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 DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


Underwriters Laboratories Inc.; Application for Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces (1) the application of Underwriters 
Laboratories, Inc. (UL), for expansion of its recognition, (2) the 
Agency's preliminary finding to grant this request, and (3) UL's 
voluntary modification of its NRTL scope of recognition. This notice 
also announces that, because the standards-development organization 
withdrew UL 486A from its list of published standards, OSHA is deleting 
this test standard from the scopes of NRTLs previously recognized to 
use this test standard. Finally, this notice requests comments on 
OSHA's proposed deletion of an additional five test standards from the 
scopes of NRTLs currently recognized for these test standards.

DATES: Submit information and comments regarding the UL expansion 
application and the proposed deletion of five test standards from 
NRTLs' scopes of recognition, as well as requests for an extension of 
the comment period, on or before May 11, 2010. All submissions must 
bear a postmark or provide other evidence of the submission date.
    The voluntary modification of UL's NRTL scope of recognition and 
the deletion of UL 486A is effective April 26, 2010. Do not submit 
comments or other responses regarding these actions.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for making electronic submissions.
    Fax: If submissions, including attachments, are no longer than 10 
pages, commenters may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, or messenger or courier service: 
Submit one copy of the comments to the OSHA Docket Office, Docket No. 
OSHA-2009-0025, U.S. Department of Labor, Room N-2625, 200 Constitution 
Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, and 
messenger and courier service) are accepted during the Department of 
Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., 
e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA-2009-0025). OSHA will place all 
submissions, including any personal information provided, in the public 
docket without revision, and these submissions will be made available 
online at http://www.regulations.gov.
    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket 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 Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before May 11, 2010 to the Office of Technical 
Programs and Coordination Activities, NRTL Program, 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.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210; 
telephone: (202) 693-2110. For information about the NRTL Program, go 
to http://www.osha.gov, and select ``N'' in the site index.

SUPPLEMENTARY INFORMATION:

Notice of Expansion Application

    The Occupational Safety and Health Administration (OSHA) is 
providing notice that Underwriters Laboratories, Inc. (UL), applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). UL's expansion request covers the use of additional 
test standards.
    OSHA recognition of an NRTL signifies that the organization meets 
the legal requirements specified in 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 
approved by the NRTL to meet OSHA standards that require product 
testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition, or for an 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 can be 
accessed from the Web site at http://www.osha.gov/dts/otpca/nrtl/index.html. Each NRTL's scope of recognition has three elements: (1) 
Type of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that has/have the 
technical capability to perform the testing and certification 
activities for test standards within the NRTL's scope; 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 
product testing and certification.

General Background on the Application

    UL submitted an application, dated February 20, 2008, as an 
amendment to its application for renewal of recognition. (Ex. 2--UL 
expansion application dated 2/20/2008.) This amendment requested an 
expansion of recognition to add 98 standards \1\ to UL's scope and to 
delete several test standards from its scope. The NRTL Program staff 
determined that 49 of the requested standards are ``appropriate test 
standards'' within the meaning of 29 CFR 1910.7(c). UL later modified 
its request to reduce the number of the appropriate standards to 35. 
(Ex. 3--UL amended expansion application dated 2/16/2010.)
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    \1\ UL requested recognition for ANSI/AAMI ES60601-1:2005, but 
OSHA has not yet determined whether this standard may be used by 
NRTLs. OSHA will request public comment on the suitability of this 
standard in an upcoming Federal Register notice.
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    In connection with this request, NRTL Program staff did not perform 
any onsite review of UL's recognized sites. The staff only performed a 
comparability

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analysis,\2\ which determined that UL has the capabilities to perform 
the testing to the 35 standards, (see the list below). As a result, the 
Agency would approve these 35 test standards for the expansion.
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    \2\ This analysis involves determining whether the testing and 
evaluation requirements of test standards already in an NRTL's scope 
are comparable to the requirements in the standards requested by the 
NRTL.
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    UL seeks expansion of its recognition for testing and certification 
of products to the following test standards: \3\

    \3\ The designations and titles of these test standards were 
current at the time of the preparation of this notice.

IEEE C37.20.4 Indoor AC Switches (1 kV-38 kV) for Use in Metal-Enclosed 
Switchgear \a\
IEEE C37.20.6 4.76 kV to 38 kV Rated Grounding and Testing Devices Used 
in Enclosures \a\
IEEE C37.23 Metal-Enclosed Bus \a\
IEEE C37.41 High-Voltage Fuses, Distribution Enclosed Single-Pole Air 
Switches, Fuse Disconnecting Switches, and Accessories \a\
IEEE C37.74 Subsurface, Vault, and Pad-Mounted Load-Interrupter 
Switchgear and Fused Load-Interrupter Switchgear for Alternating 
Current Systems Up to 38 KV Switchgear \a\
IEEE C57.12.44 Secondary Network Protectors \a\
ISA 12.12.01 Nonincendive Electrical Equipment for Use in Class I and 
II, Division 2 and Class III, Divisions 1 and 2 Hazardous (Classified) 
Locations
UL 5C Surface Raceways and Fittings for Use with Data, Signal, and 
Control Circuits
UL 283 Air Fresheners and Deodorizers
UL 458 Power Converters/Inverters and Power Converter/Inverter Systems 
for Land Vehicles and Marine Crafts \b\
NFPA 496 Purged and Pressurized Enclosures for Electrical Equipment
UL 852 Metallic Sprinkler Pipe for Fire Protection Service
UL 962 Household and Commercial Furnishings \c\
UL 1340 Hoists
UL 1626 Residential Sprinklers for Fire Protection Service
UL 2225 Cables and Cable Fittings for Use in Hazardous (Classified) 
Locations
UL 2443 Flexible Sprinkler Hose With Fittings for Fire Protection 
Service
UL 5085-2 Low Voltage Transformers--Part 2: General Purpose 
Transformers
UL 60730-2-8 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electrically Operated Water 
Valves, Including Mechanical Requirements
UL 60745-2-1 Particular Requirements for Drills and Impact Drills
UL 60745-2-3 Particular Requirements for Grinders, Polishers and Disk-
Type Sanders
UL 60745-2-11 Particular Requirements for Reciprocating Saws
UL 60745-2-12 Particular Requirements for Concrete Vibrators
UL 60745-2-14 Particular Requirements for Planers
UL 60745-2-17 Particular Requirements for Routers and Trimmers
UL 60745-2-18 Particular Requirements for Strapping Tools
UL 60745-2-19 Particular Requirements for Jointers
UL 60745-2-2 Particular Requirements for Screwdrivers and Impact 
Wrenches
UL 60745-2-20 Particular Requirements for Band Saws
UL 60745-2-21 Particular Requirements for Drain Cleaners
UL 60745-2-4 Particular Requirements for Sanders and Polishers Other 
Than Disk Type
UL 60745-2-5 Particular Requirements for Circular Saws
UL 60745-2-6 Particular Requirements for Hammers
UL 60745-2-8 Particular Requirements for Shears and Nibblers
UL 60745-2-9 Particular Requirements for Tappers


    Notes: \a\ Recognition for this standard does not apply to 
testing and certification of equipment or materials used in 
installations that are excluded from the provisions of subpart S in 
29 CFR 1910 by section 1910.302(a)(2).
    \b\ Recognition for this standard is limited to testing and 
certification of products used within recreational vehicles and 
mobile homes.
    \c\ Recognition of this standard is limited to testing and 
certification of the electrical devices falling within the 
standard's scope.


    OSHA's recognition of UL, or any NRTL, for a particular test 
standard is limited to equipment or materials (i.e., products) for 
which OSHA standards require third-party testing and certification 
before use in the workplace. Consequently, if a test standard also 
covers any product for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product.
    The test standards listed above may be approved as American 
National Standards by the American National Standards Institute (ANSI). 
However, for convenience, we may use the designation of the standards-
developing organization for the standard as opposed to the ANSI 
designation. Under the NRTL Program's policy, 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.

Voluntary Modification of Scope

    UL also requested to modify its scope of recognition by deleting 
the following two test standards:

ANSI/IEEE C37.60 Overhead, Pad-Mounted, Dry-Vault, and Submersible 
Automatic Circuit Reclosers and Interrupters for AC Systems
ANSI/UL 632 Electrically Actuated Transmitters

    UL originally applied for UL 486A (``Wire Connectors and Soldering 
Lugs for Use With Copper Conductors'') (see Ex. 2), but then excluded 
this standard when it later modified its request (see Ex. 3). However, 
as of the date of this Federal Register notice, UL 486A has been 
withdrawn from the list of published standards by the standards-
developing organization. As a result, OSHA is deleting this standard 
from UL's NRTL scope, as well as the scopes of NRTLs recognized 
previously by OSHA for it. OSHA periodically publishes notices to make 
such deletions (see, for example, 74 FR 47026, September 14, 2009).

Issue Regarding NFPA Standards

    UL requested that OSHA include the following four standards, issued 
by the National Fire Protection Association (NFPA), in UL's 
recognition-expansion application:
NFPA 16 Standard for the Installation of Foam-Water Sprinkler and Foam-
Water Spray Systems
NFPA 17A Standard for Wet Chemical Extinguishing Systems
NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems
NFPA 2010 Standard for Fixed Aerosol Fire-Extinguishing Systems
However, these test standards are not appropriate for recognition 
because the standards primarily cover installation, use, and 
maintenance of a system or its elements, instead of product-safety 
testing. Therefore, OSHA is not including these test standards in UL's 
expanded scope of recognition.
    OSHA also notes that it currently recognizes several NRTLs for NFPA 
16, as well as for four similar NFPA

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standards, none of which appears to cover primarily product-safety 
testing. These four standards are:
ANSI/NFPA 11 Low-, Medium-, and High-Expansion Foam
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems
Accordingly, OSHA is proposing to remove NFPA 16 and the four similar 
test standards from these NRTLs' scopes of recognition. Before doing 
so, OSHA requests comment on whether this action would have adverse 
impact on the requirements for NRTL certification specified for 
products under its standards (such as preventing NRTLs from certifying 
fire-extinguishing agents or products). If commenters believe that 
adverse impact would occur, OSHA requests that they comment on whether 
the Agency should continue allowing NRTLs to use these test standards 
until it identifies appropriate standards for certifying the affected 
products.\4\ If no adverse impacts would occur, OSHA is proposing to 
delete NFPA 16 and the four similar test standards from the scopes of 
the affected NRTLs. OSHA will issue its decision regarding these test 
standards in the subsequent Federal Register notice announcing the 
results of UL's expansion request.
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    \4\ If OSHA determines that adverse impact would occur, OSHA may 
add NFPA 16 to UL's scope of recognition until it identifies an 
appropriate substitute test standard.
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Preliminary Finding on the Application

    UL submitted an acceptable request for expansion of its recognition 
as an NRTL. OSHA's review of the application file and other pertinent 
documents indicates that UL can meet the requirements, as prescribed by 
29 CFR 1910.7, for an expansion of its recognition to include the 
additional test standards listed above. This preliminary finding does 
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
UL meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition as an 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. OSHA 
must receive the written request for an extension by the due date for 
comments. OSHA will limit any extension to 15 days unless the requester 
justifies a longer period. OSHA may deny a request for an extension if 
it is not adequately justified. To obtain or review copies of UL's 
request and other pertinent documents, and all submitted comments, as 
received, contact the Docket Office, Room N-2625, 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-2009-0025.
    The NRTL Program staff will review all timely comments and, after 
addressing the issues raised by these comments, will recommend whether 
to grant UL's expansion request. The Assistant Secretary will make the 
final decision on granting the request, and, in making this decision, 
may undertake other proceedings that are prescribed in Appendix A to 29 
CFR 1910.7. OSHA will publish a public notice of this final decision in 
the Federal Register.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210, directed the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to Sections 
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655 and 657), Secretary of Labor's Order No. 5-2007 (72 FR 
31160), and 29 CFR part 1911.

    Signed at Washington, DC, on April 20, 2010.
David Michaels,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. 2010-9545 Filed 4-23-10; 8:45 am]
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