[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55505-55506]
From the Federal Register Online via the Government Publishing 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: [email protected].
    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: [email protected]. 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

[[Page 55506]]

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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