[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63229-63231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22084]


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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: In this notice, OSHA announces the application of Underwriters 
Laboratories, Inc., for expansion of its recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the Agency's 
preliminary finding to grant the application.

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 September 29, 2016.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2009-0025, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2009-0025). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. 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 at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before September 29, 2016 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-3655, 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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
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; phone: 
(202) 693-2110 or email: [email protected].

[[Page 63230]]


SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that Underwriters Laboratories, Inc. (UL), is applying for 
expansion of its current recognition as an NRTL. UL requests the 
addition of twenty-five (25) test standards to its NRTL scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to 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 and 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. 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, 
including UL, which details the NRTL's scope of recognition. These 
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    UL currently has fifteen facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL 
60062. A complete list of UL's scope of recognition is available at 
https://www.osha.gov/dts/otpca/nrtl/ul.html.

II. General Background on the Application

    UL submitted an application, dated June 30, 2015 (OSHA-2009-0025-
0017), to expand its recognition to include twenty-five additional test 
standards. OSHA staff performed detailed analysis of the application 
packet and reviewed other pertinent information. OSHA performed an on-
site review in relation to this application on April 4-5, 2016.
    Table 1 below lists the appropriate test standards found in UL's 
application for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed 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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ISA 60079-0..............  Explosive Atmospheres--Part 0: Equipment--
                            General Requirements.
ISA 60079-1..............  Explosive Atmospheres--Part 1: Equipment
                            Protection by Flameproof Enclosures ``d''.
ISA 60079-2..............  Explosive Atmospheres--Part 2: Equipment
                            Protection by Flameproof Enclosures ``p''.
ISA 60079-5..............  Explosive Atmospheres--Part 5: Equipment
                            Protection by Powder Filling ``q''.
ISA 60079-6..............  Explosive Atmospheres--Part 6: Equipment
                            Protection by Oil Immersion ``o''.
ISA 60079-7..............  Explosive Atmospheres--Part 7: Equipment
                            Protection by Increased Safety ``e''.
ISA 60079-11.............  Explosive Atmospheres--Part 11: Equipment
                            Protection by Intrinsic Safety ``i''.
ISA 60079-15.............  Explosive Atmospheres--Part 15: Equipment
                            Protection by Type of Protection ``n''.
ISA 60079-18.............  Explosive Atmospheres--Part 18: Equipment
                            Protection by Encapsulation ``m''.
ISA 60079-26.............  Explosive Atmospheres--Part 26: Equipment for
                            Use in Class I, Zone 0 Hazardous
                            (Classified) Locations.
ISA 60079-28.............  Explosive Atmospheres--Part 28: Protection of
                            Equipment and Transmission Systems Using
                            Optical Radiation, Edition 1.1.
ISA 60079-31.............  Explosive Atmospheres--Part 31: Equipment
                            Dust Ignition Protection by Enclosure ``t''.
ISA 61241-0..............  Electrical Apparatus for Use in Zone 20, Zone
                            21 and Zone 22 Hazardous (Classified)
                            Locations--General Requirements.
ISA 61241-1..............  Electrical Apparatus for Use in Zone 21 and
                            Zone 22 Hazardous (Classified) Locations--
                            Protection by Enclosures ``tD''.
ISA 61241-2..............  Electrical Apparatus for Use in Zone 21 and
                            Zone 22 Hazardous (Classified) Locations--
                            Protection by Pressurization ``pD''.
ISA 61241-11.............  Electrical Apparatus for Use in Zone 20, Zone
                            21 and Zone 22 Hazardous (Classified)
                            Locations--Protection by Intrinsic Safety
                            ``iD''.
ISA 61241-18.............  Electrical Apparatus for Use in Zone 20, Zone
                            21 and Zone 22 Hazardous (Classified)
                            Locations--Protection by Encapsulation
                            ``mD''.
ANSI/UL 60079-0..........  Explosive Atmospheres--Part 0: Equipment--
                            General Requirements.
ANSI/UL 60079-1..........  Explosive Atmospheres--Part 1: Equipment
                            Protection by Flameproof Enclosures ``d''.
ANSI/UL 60079-5..........  Explosive Atmospheres--Part 5: Equipment
                            Protection by Powder Filling ``q''.
ANSI/UL 60079-6..........  Explosive Atmospheres--Part 6: Equipment
                            Protection by Oil Immersion ``o''.
ANSI/UL 60079-7..........  Explosive Atmospheres--Part 7: Equipment
                            Protection by Increased Safety ``o''.
ANSI/UL 60079-11.........  Explosive Atmospheres--Part 11: Equipment
                            Protection by Intrinsic Safety ``i''.
ANSI/UL 60079-15.........  Explosive Atmospheres--Part 15: Equipment
                            Protection by Type of Protection ``n''.
ANSI/UL 60079-18.........  Explosive Atmospheres--Part 18: Equipment
                            Protection by Encapsulation ``m''.
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[[Page 63231]]

III. Preliminary Findings on the Application

    UL submitted an acceptable application for expansion of its scope 
of recognition. OSHA's review of the application file, and pertinent 
documentation, indicate that UL can meet the requirements prescribed by 
29 CFR 1910.7 for expanding its recognition to include the addition of 
these twenty-five test standards for NRTL testing and certification 
listed above. This preliminary finding does not constitute an interim 
or temporary approval of UL's application.
    OSHA welcomes public comment 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. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if the request 
is not adequately justified. To obtain or review copies of the exhibits 
identified in this notice, as well as comments submitted to the docket, 
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.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend to the Assistant Secretary for Occupational 
Safety and Health whether to grant UL's application for expansion of 
its scope of recognition. The Assistant Secretary will make the final 
decision on granting the application. 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 its final decision in the 
Federal Register.

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 9, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-22084 Filed 9-13-16; 8:45 am]
 BILLING CODE 4510-26-P