[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17568-17571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08256]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


Underwriters Laboratories, Inc.: Applications for Expansion of 
Recognition and Proposed Modification To Update the Nationally 
Recognized Testing Laboratory (NRTL) Program's List of Appropriate Test 
Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of 
Underwriters Laboratories, Inc., for expansion of its scope of 
recognition as a Nationally Recognized Testing Laboratory and presents 
the Agency's preliminary finding to grant the applications. 
Additionally, OSHA proposes to add twenty-two test standards to the 
NRTL Program's List of Appropriate Test Standards.

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 May 7, 2018.

ADDRESSES: Submit comments by any of the following methods:
    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-2009-0025, 
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 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-2009-0025) 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 and 
copying at the OSHA Docket Office. You may also contact Kevin Robinson 
at the address below to obtain a copy of the ICR.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before May 7, 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-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, telephone: (202) 693-1999; 
email: [email protected].

[[Page 17569]]

    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, phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Applications 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 a NRTL. UL requests the 
addition of twenty-seven additional test standards to its NRTL scope of 
recognition.
    OSHA recognition of a 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 and is not a delegation or grant of government 
authority. 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 a 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 website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    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.
    UL currently has fourteen facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
Underwriters Laboratories, Inc. 333 Pfingsten Road, Northbrook, 
Illinois 60062. A complete list of UL sites recognized by OSHA is 
available at https://www.osha.gov/dts/otpca/nrtl/ul.html.

II. General Background on the Applications

    UL submitted an application, dated May 31, 2017, (OSHA-2009-0025-
0020), to expand its recognition to include the addition of 26 
additional test standards to UL's scope of recognition. This 
application was updated on November 1, 2017 (OSHA-2009-0025-0021) to 
include an additional standard for a total of 27 standards. OSHA staff 
performed detailed analyses of the application packets and other 
pertinent information. OSHA did not perform any on-site reviews in 
relation to these applications.
    OSHA preliminarily determined that one of the standards requested 
in UL's application, UL 2703, ``Standard for Mounting Systems, Mounting 
Devices, Clamping/Retention Devices, and Ground Lugs for Use with Flat-
Plate Photovoltaic Modules and Panels,'' does not meet the requirements 
of 29 CFR 1910.7's for an appropriate test standard in OSHA's NRTL 
Program. This standard is not included on the NRTL Program's List of 
Appropriate Test Standards. The types of products covered by UL 2703 do 
not fit into any of the categories covered by OSHA's NRTL Program. 
Specifically, the standard covers mechanical mounting and support 
equipment for solar panels, i.e., mechanical products, while OSHA's 
NRTL Program addresses mainly electrical end products, as well as a few 
other product categories (e.g., fire detection and mitigation 
equipment, and Liquid Petroleum (LP) Gas equipment, and other gas-
powered equipment). The full list of the types of equipment covered by 
OSHA's NRTL Program can be viewed at https://www.osha.gov/dts/otpca/nrtl/prodcatg.html. Table 1, 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
------------------------------------------------------------------------
         Test standard                     Test standard title
------------------------------------------------------------------------
*TIA 4950......................  Requirements for Battery-Powered,
                                  Portable Land Mobile Radio
                                  Applications in Class I, II, and III,
                                  Division 1, Hazardous (Classified)
                                  Locations.
*UL 25A........................  Standard for Meters for Gasoline and
                                  Gasoline/Ethanol Blends with Nominal
                                  Ethanol Concentrations up to 85
                                  Percent (E0-E85).
*UL 25B........................  Meters for Diesel Fuel, Biodiesel Fuel,
                                  Diesel/Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
*UL 79A........................  Standard for Power-Operated Pumps for
                                  Gasoline and Gasoline/Ethanol Blends
                                  with Nominal Ethanol Concentrations up
                                  to 85 Percent (E0-E85).
*UL 79B........................  Standard for Power-Operated Pumps for
                                  Diesel Fuel, Biodiesel Fuel, Diesel/
                                  Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
*UL 87A........................  Standard for Power-Operated Dispensing
                                  Devices for Gasoline and Gasoline/
                                  Ethanol Blends with Nominal Ethanol
                                  Concentrations up to 85 Percent (E0-
                                  E85).
*UL 87B........................  Power-Operated Dispensing Devices for
                                  Diesel Fuel, Biodiesel Fuel, Diesel/
                                  Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
*UL 486F.......................  Bare and Covered Ferrules.
*UL 567A.......................  Standard for Emergency Breakaway
                                  Fittings, Swivel Connectors and Pipe-
                                  Connection Fittings for Gasoline and
                                  Gasoline/Ethanol Blends with Nominal
                                  Ethanol Concentrations up to 85
                                  Percent (E0-E85).
*UL 567B.......................  Standard for Emergency Breakaway
                                  Fittings, Swivel Connectors and Pipe-
                                  Connection Fittings for Diesel Fuel,
                                  Biodiesel Fuel, Diesel/Biodiesel
                                  Blends with Nominal Biodiesel
                                  Concentrations up to 20 Percent (B20),
                                  Kerosene, and Fuel Oil.
*UL 842A.......................  Standard for Valves for Gasoline and
                                  Gasoline/Ethanol Blends with Nominal
                                  Ethanol Concentrations up to 85
                                  Percent (E0-E85).
*UL 842B.......................  Standard for Valves for Diesel Fuel,
                                  Biodiesel Fuel, Diesel/Biodiesel
                                  Blends with Nominal Biodiesel
                                  Concentrations up to 20 Percent (B20),
                                  Kerosene, and Fuel Oil.
UL 962.........................  Standard for Household and Commercial
                                  Furnishings.

[[Page 17570]]

 
*UL 1973.......................  Standard for Batters for Use in Light
                                  Electric Rail (LER) Applications and
                                  Stationary Applications.
*UL 2054.......................  Standard for Household and Commercial
                                  Batteries.
*UL 2271.......................  Standard for Batteries for Use in Light
                                  Electric Vehicle (LEV) Applications.
*UL 2586A......................  Standard for Hose Nozzle Valves for
                                  Gasoline and Gasoline/Ethanol Blends
                                  with Nominal Ethanol Concentrations up
                                  to 85 Percent (E0-E85).
*UL 2586B......................  Standard for Hose Nozzle Valves for
                                  Diesel Fuel, Biodiesel Fuel, Diesel/
                                  Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
*UL 2775.......................  Standard for Fixed Condensed Aerosol
                                  Extinguishing System Units.
UL 2594........................  Standard for Electric Vehicle Supply
                                  Equipment.
*UL 4703.......................  Standard for Photovoltaic Wire.
*UL 8753.......................  Standard for Field-Replaceable Light
                                  Emitting Diode (LED) Light Engines.
UL 60335-2-24..................  Household and Similar Electric
                                  Appliances--Safety--Part 2-24:
                                  Particular Requirements for
                                  Refrigerating Appliances, Ice-Cream
                                  Appliances and Ice-Makers.
*UL 60730-2-5..................  Automatic Electrical Controls for
                                  Household and Similar Use, Part 2-5:
                                  Particular Requirements for Automatic
                                  Electrical Burner Control Systems.
*UL 60947-5-1..................  Low-Voltage Switchgear and Controlgear--
                                  Part 5-1: Control Circuit Devices and
                                  Switching Elements--Electromechanical
                                  Control Circuit Devices.
UL 62109-1.....................  Standard for Safety of Power Converters
                                  for Use in Photovoltaic Power Systems--
                                  Part 1: General Requirements.
------------------------------------------------------------------------
* Represents the standard that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL List of Appropriate Test Standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
Agency evaluates the document to (1) verify it represents a product 
category for which OSHA requires certification by a NRTL, (2) verify 
the document represents an end product and not a component, and (3) 
verify the document defines safety test specifications (not 
installation or operational performance specifications).
    In this notice, OSHA proposes to add twenty-two new test standards 
to the NRTL Program's List of Appropriate Test Standards. Table 2, 
lists the test standards that are new to the NRTL Program. OSHA 
preliminarily determined that these test standards are appropriate test 
standards and proposes to include them in the NRTL Program's List of 
Appropriate Test Standards. OSHA seeks public comment on this 
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
         Test standard                     Test standard title
------------------------------------------------------------------------
TIA 4950.......................  Requirements for Battery-Powered,
                                  Portable Land Mobile Radio
                                  Applications in Class I, II, and III,
                                  Division 1, Hazardous (Classified)
                                  Locations.
UL 25A.........................  Standard for Meters for Gasoline and
                                  Gasoline/Ethanol Blends with Nominal
                                  Ethanol Concentrations up to 85
                                  Percent (E0-E85).
UL 25B.........................  Meters for Diesel Fuel, Biodiesel Fuel,
                                  Diesel/Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
UL 79A.........................  Standard for Power-Operated Pumps for
                                  Gasoline and Gasoline/Ethanol Blends
                                  with Nominal Ethanol Concentrations up
                                  to 85 Percent (E0-E85).
UL 79B.........................  Standard for Power-Operated Pumps for
                                  Diesel Fuel, Biodiesel Fuel, Diesel/
                                  Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
UL 87A.........................  Standard for Power-Operated Dispensing
                                  Devices for Gasoline and Gasoline/
                                  Ethanol Blends with Nominal Ethanol
                                  Concentrations up to 85 Percent (E0-
                                  E85).
UL 87B.........................  Power-Operated Dispensing Devices for
                                  Diesel Fuel, Biodiesel Fuel, Diesel/
                                  Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
UL 486F........................  Bare and Covered Ferrules.
UL 567A........................  Standard for Emergency Breakaway
                                  Fittings, Swivel Connectors and Pipe-
                                  Connection Fittings for Gasoline and
                                  Gasoline/Ethanol Blends with Nominal
                                  Ethanol Concentrations up to 85
                                  Percent (E0-E85).
UL 567B........................  Standard for Emergency Breakaway
                                  Fittings, Swivel Connectors and Pipe-
                                  Connection Fittings for Diesel Fuel,
                                  Biodiesel Fuel, Diesel/Biodiesel
                                  Blends with Nominal Biodiesel
                                  Concentrations up to 20 Percent (B20),
                                  Kerosene, and Fuel Oil.
UL 842A........................  Standard for Valves for Gasoline and
                                  Gasoline/Ethanol Blends with Nominal
                                  Ethanol Concentrations up to 85
                                  Percent (E0-E85).
UL 842B........................  Standard for Valves for Diesel Fuel,
                                  Biodiesel Fuel, Diesel/Biodiesel
                                  Blends with Nominal Biodiesel
                                  Concentrations up to 20 Percent (B20),
                                  Kerosene, and Fuel Oil.
UL 1973........................  Standard for Batters for Use in Light
                                  Electric Rail (LER) Applications and
                                  Stationary Applications.
UL 2054........................  Standard for Household and Commercial
                                  Batteries.
UL 2271........................  Standard for Batteries for Use in Light
                                  Electric Vehicle (LEV) Applications.
UL 2586A.......................  Standard for Hose Nozzle Valves for
                                  Gasoline and Gasoline/Ethanol Blends
                                  with Nominal Ethanol Concentrations up
                                  to 85 Percent (E0-E85).
UL 2586B.......................  Standard for Hose Nozzle Valves for
                                  Diesel Fuel, Biodiesel Fuel, Diesel/
                                  Biodiesel Blends with Nominal
                                  Biodiesel Concentrations up to 20
                                  Percent (B20), Kerosene, and Fuel Oil.
UL 2775........................  Standard for Fixed Condensed Aerosol
                                  Extinguishing System Units.

[[Page 17571]]

 
UL 4703........................  Standard for Photovoltaic Wire.
UL 8753........................  Standard for Field-Replaceable Light
                                  Emitting Diode (LED) Light Engines.
UL 60730-2-5...................  Automatic Electrical Controls for
                                  Household and Similar Use, Part 2-5:
                                  Particular Requirements for Automatic
                                  Electrical Burner Control Systems.
UL 60947-5-1...................  Low-Voltage Switchgear and Controlgear--
                                  Part 5-1: Control Circuit Devices and
                                  Switching Elements-Electromechanical
                                  Control Circuit Devices.
------------------------------------------------------------------------

    Because the mechanical equipment covered by UL 2703 does not fall 
within the type of equipment covered by OSHA's NRTL Program, OSHA 
preliminary determined that UL 2703 is not an appropriate test standard 
and does not propose to include it in the NRTL Program's List of 
Appropriate Test Standards. OSHA also seeks public comment on this 
preliminary determination.

IV. Preliminary Findings on the Applications

    UL submitted acceptable applications for expansion of its scope of 
recognition. OSHA's review of the application files and related 
material indicate that UL can meet the requirements prescribed by 29 
CFR 1910.7 for expanding its recognition to include the addition of the 
26 appropriate test standards for NRTL testing and certification listed 
above. This preliminary finding does not constitute an interim or 
temporary approval of UL's applications.
    OSHA welcomes public comment as to whether UL meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as a 
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. To obtain or review copies 
of the exhibits identified in this notice, as well as comments 
submitted to the docket, contact the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, listed in 
ADDRESSES. 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, make a recommendation to the Assistant Secretary for 
Occupational Safety and Health on whether to grant UL's applications 
for expansion of its scope of recognition. The Assistant Secretary will 
make the final decision on granting the applications. 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.

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 April 16, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-08256 Filed 4-19-18; 8:45 am]
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