[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70349-70352]
[FR Doc No: 2013-28093]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0012]

Proposed Revision of Policy for Incorporating New Test Standards
Into the List of Appropriate NRTL Program Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA proposes to: (1) Revise its existing
policies regarding the incorporation of new test standards into the
Nationally Recognized Testing Laboratory (NRTL) Program's list of
appropriate test standards and into NRTLs' scopes of recognition; and
(2) incorporate new test standards into 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 December 26, 2013. All submissions must bear a postmark or
provide other evidence of the submission date.

ADDRESSES:
    Electronically: Tender submissions electronically to the Federal
eRulemaking Portal at http://www.regulations.gov. Follow the
instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    Regular or express mail, hand delivery, or messenger (courier)
service: Tender submissions to the OSHA Docket Office, Docket No. OSHA-
2013-0012, Technical Data Center, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone:
(202) 693-2350 (TTY number:<PHONE_NUMBER>). Note that security
procedures may result in significant delays in receiving submissions
sent by regular mail. Contact the OSHA Docket Office for information
about security procedures concerning delivery of materials by regular
or express mail, hand delivery, or messenger (courier) service. The
hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m.,
e.t.
    Instructions: All submissions must include the Agency name and the
docket number for this notice (OSHA-2013-0012). OSHA places comments
and other materials, including any personal information, in the public
docket without revision, and these materials may 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.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or to 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 this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.

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:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact 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_ADDRESS>OSHA's Web page includes
information about the NRTL Program (see http://www.osha.gov/otpca/nrtl/index.html).
    Copies of the 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. OSHA
does not develop or issue these test standards, but generally relies on
U.S. standards-development organizations (SDOs) accredited by the
American National Standards Institute (ANSI). The products covered by
the NRTL Program consist of those items for which OSHA safety standards
require ``certification'' by an NRTL. The requirements affect
electrical products and 38 other types of products.
    OSHA recognition of an organization as an NRTL signifies that the
organization meets the legal requirements in the NRTL Program
regulations at 29 CFR 1910.7 and the NRTL Program policies in CPL 1-
0.3, ``NRTL Program Policies, Procedures, and Guidelines,'' December 2,
1999 (``Directive''). Recognition is an acknowledgement by OSHA that
the NRTL has the capabilities to perform independent safety testing and
certification of the specific products covered within the NRTL's scope
of recognition. Recognition of an NRTL by OSHA also allows employers to
use products certified by that NRTL to meet those OSHA standards that
require product testing and certification (29 CFR 1910.7(a)).
    An NRTL's scope of recognition consists, in part, of specific test
standard(s) approved by OSHA for use by the NRTL. Pursuant to the NRTL
Program regulations, the NRTL must

first request to have a test standard included in its scope of
recognition. OSHA will grant the NRTL's request only if the NRTL has
the capability to test and examine equipment \1\ and materials for
workplace safety purposes and to determine conformance with the test
standard for each relevant item of equipment or material that it lists,
labels, or accepts (29 CFR 1910.7(b)(1)). Capability includes proper
testing equipment and facilities, trained staff, written testing
procedures, calibration programs, and quality-control programs. An
organization's recognition as an NRTL is, therefore, not for products,
but for appropriate test standards covering a type of product(s) (29
CFR 1910.7(b)(1)).
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    \1\ In this notice, OSHA uses the terms ``equipment'' and
``product'' or ``products'' interchangeably.
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    For OSHA to consider a test standard appropriate, the test standard
must be current and specify the safety requirements for a specific type
of product(s) (29 CFR 1910.7(c)). A test standard withdrawn by an SDO
is no longer considered an appropriate test standard (Directive, App.
C.XIV.B). It is OSHA's policy to remove recognition of withdrawn test
standards by issuing a correction notice in the Federal Register for
all NRTLs recognized for the withdrawn test standards. However, OSHA
will recognize an NRTL for an appropriate replacement test standard if
the NRTL has the requisite testing and evaluation capability for
implementing the replacement test standard.
    One method that NRTLs may use to show such capability involves an
analysis to determine whether any testing and evaluation requirements
of existing test standards in an NRTL's scope are comparable (i.e., are
completely or substantially identical) to the requirements in the
replacement test standard. If OSHA's analysis shows the replacement
test standard does not require additional or different technical
capability than an existing test standard, the replacement test
standard is comparable to the existing test standard, and OSHA can add
the replacement test standard to affected NRTLs' scopes of recognition.
    If OSHA's analysis shows the replacement test standard requires an
additional or different technical capability than any existing test
standard, then the replacement test standard is not comparable to any
existing test standard. In such cases (i.e., when test standards are
not comparable), each affected NRTL that seeks to have OSHA add the
replacement test standard to the NRTL's scope of recognition must
provide information to OSHA that demonstrates its testing and
evaluation capability to implement that standard.

II. Proposed Revisions to Existing OSHA Policy

A. Proposed Revision to Existing Policy for Incorporating New Test
Standards Into the NRTL Program's List of Appropriate Test Standards

    OSHA proposes to revise its existing policy regarding the
incorporation of new test standards into the NRTL Program's list of
appropriate test standards. Pursuant to OSHA's existing policy, OSHA
incorporates test standards into the list of appropriate test standards
only when OSHA processes an NRTL's application for recognition (either
initial or expansion), or when OSHA incorporates into an NRTL's scope
of recognition a comparable replacement test standard for a withdrawn
test standard (Directive, Chapter 2; App. C.XIV.B). OSHA believes that
the existing policy delays the acceptance process for valid test
standards. OSHA believes the proposed revisions to the existing policy
will expedite incorporation of new test standards into the NRTL
Program's list of appropriate test standards and into NRTLs' scopes of
recognition, and is seeking public comment on the proposed revisions.
    OSHA becomes aware of new test standards through various avenues.
For example, OSHA becomes aware of new test standards by: (1)
Monitoring notifications issued by certain SDOs; (2) reviewing
applications by NRTLs or applicants seeking recognition to include a
new test standard in their scopes of recognition; and (3) obtaining
notification from manufacturers, manufacturing organizations, other
government agencies, or other parties that a new test standard may be
appropriate to add to its list of appropriate standards. Accordingly,
OSHA is proposing to expand the existing process whereby it
incorporates new test standards into the NRTL Program's list of
appropriate test standards. Under the proposed policy, OSHA would not
only include new test standards in its list of appropriate test
standards under the conditions described by its existing policy, but
would include new test standards in the list when OSHA determines that
such test standards are appropriate to add to the list. OSHA may
determine to include a new test standard in the list, for example, if
the test standard is for a particular type of product that another test
standard also covers, covers a type of product that no standard
previously covered, or be otherwise new to the NRTL Program.
    Under the proposed policy, OSHA first would make a preliminary
determination that the new test standard is appropriate under the NRTL
Program regulations (29 CFR 1910.7(c)). The Agency then would
periodically issue a Federal Register notice proposing to include new
test standards that it identifies as appropriate in its list of
appropriate test standards. When test standards are withdrawn by an
SDO, OSHA also may propose in a Federal Register notice that new test
standards replace withdrawn test standards in NRTLs' scopes of
recognition. After OSHA publishes the preliminary determination in a
Federal Register notice, it would give the public an opportunity to
comment and, after reviewing these comments and other record evidence,
would issue, in the Federal Register, a final determination.

B. Proposed Revision to Policy for Expanding NRTLs' Scopes of
Recognition

    Under existing OSHA policy, an NRTL must apply for an expansion of
recognition, pursuant to the procedures in 29 CFR 1910.7, App. A, if
the NRTL wants OSHA to incorporate into its scope of recognition a
replacement test standard that is not comparable to a test standard
that OSHA is removing from that NRTL's scope of recognition because,
for example, an SDO withdrew the test standard. OSHA is proposing to
modify this policy to provide for an abbreviated recognition process
that allows NRTLs currently recognized for the standard being replaced
to submit to OSHA, in lieu of an application for expansion, only
information that demonstrates that the NRTL has the capability to
perform the testing and evaluation required in the areas of the
replacement test standard that are not equivalent or comparable to the
standard being replaced. OSHA notes that this new policy would apply
only when OSHA is removing a withdrawn test standard from an NRTL's
scope of recognition. If OSHA does not currently recognize an NRTL for
the standard being replaced, that NRTL could only obtain recognition
for the replacement test standard by filing an application to expand
the NRTL's scope of recognition as provided for by 29 CFR 1910.7, App.
A.
    Therefore, under the new policy, when OSHA becomes aware of a
replacement test standard that is not comparable to a test standard
that OSHA is removing from an NRTL's scope of recognition, OSHA would
invite that NRTL, via email or letter, to

submit specified information that OSHA believes demonstrates the
requisite testing and evaluation capability. OSHA would include, in the
letter or email, a comparability table for the replacement test
standard that details proposed substantive differences between the
existing and replacement test standards that OSHA believes the NRTL
must address for OSHA to recognize the NRTL for the replacement
standard. OSHA would follow the procedures specified by 29 CFR 1910.7,
App. A, in determining whether it should incorporate the replacement
test standard into the affected NRTL's scope of recognition. Thus, OSHA
would issue a preliminary determination in the Federal Register,
provide the public an opportunity to comment on the preliminary
determination, and, after reviewing the comments and other record
evidence, issue a final determination in the Federal Register on
whether it will incorporate the replacement test standard into the
affected NRTL's scope of recognition. In making a preliminary or final
determination, OSHA also would follow other applicable procedures
specified by 29 CFR 1910.7, App. A, such as requesting additional
information, conducting appropriate on-site reviews, or initiating
special reviews. OSHA believes the proposed policy would expedite the
recognition process of replacement test standards issued by SDOs. OSHA
seeks comment on this proposed policy.

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

    Table 1, below, lists test standards that are new to the NRTL
Program. OSHA preliminarily determined that these test standards are
appropriate test standards and, pursuant to its proposed policy
discussed above in this Federal Register notice, proposes to include
these test standards in the NRTL Program's list of appropriate test
standards. OSHA seeks public comment on this preliminary determination.

 Table 1--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
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          Test standard                     Test standard title
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AAMI ES 60601-1..................  Medical Electrical Equipment--Part 1-
                                    2: General requirements for Basic
                                    Safety and Essential Performance--
                                    Collateral Standard: Electromagnetic
                                    Compatibility (third edition).
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 Pressurized
                                    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.
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''.
UL 50E...........................  Enclosures for Electrical Equipment,
                                    Environmental Considerations.
UL 448B..........................  Residential Fire Pumps Intended for
                                    One- and Two-Family Dwellings and
                                    Manufactured Homes.
UL 448C..........................  Stationary, Rotary-Type, Positive-
                                    Displacement Pumps for Fire
                                    Protection Service.
UL 962A..........................  Furniture Power Distribution Units.
UL 1004-1........................  Rotating Electrical Machines--General
                                    Requirements.
UL 1008A.........................  Medium-Voltage Transfer Switches.
UL 1691..........................  Single Pole Locking-Type Separable
                                    Connectors.
UL 1990..........................  Nonmetallic Underground Conduit with
                                    Conductors.
UL 2108..........................  February 27, 2004 Low Voltage
                                    Lighting Systems.
UL 2208..........................  Solvent Distillation Units.
UL 2238..........................  Cable Assemblies and Fittings for
                                    Industrial Control and Signal
                                    Distribution.
UL 2239..........................  Hardware for the Support of Conduit,
                                    Tubing, and Cable.
UL 2438..........................  Outdoor Seasonal-Use Cord-Connected
                                    Wiring Devices.
UL 2560..........................  Emergency Call Systems for Assisted
                                    Living and Independent Living
                                    Facilities.
UL 2572..........................  Mass Notification Systems.
UL 2577..........................  Suspended Ceiling Grid Low Voltage
                                    Systems and Equipment.
UL 2586..........................  Hose Nozzle Valves.
UL 2738..........................  Induction Power Transmitters and
                                    Receivers for Use with Low Energy
                                    Products.
UL 6142..........................  Small Wind Turbine Systems.
UL 6420..........................  Equipment Used for System Isolation
                                    and Rated as a Single Unit.
UL 60079-0.......................  Explosive Atmospheres--Part 0:
                                    Equipment--General requirements.
UL 60079-1.......................  Explosive Atmospheres--Part 1:
                                    Equipment Protection by Flameproof
                                    Enclosures `d'.
UL 60079-11......................  Explosive Atmospheres--Part 11:
                                    Equipment Protection by Intrinsic
                                    Safety `i'.
UL 60079-15......................  Explosive Atmospheres--Part 15:
                                    Equipment Protection by Type of
                                    Protection `n'.
UL 60079-18......................  Explosive Atmospheres--Part 18:
                                    Equipment Protection by
                                    Encapsulation ``m''.
UL 60079-5.......................  Explosive Atmospheres--Part 5:
                                    Equipment Protection by Powder
                                    Filling `q'.
UL 60079-6.......................  Explosive Atmospheres--Part 6:
                                    Equipment Protection by Oil
                                    Immersion `o'.

UL 60079-7.......................  Explosive Atmospheres--Part 7:
                                    Equipment Protection by Increased
                                    Safety `e'.
UL 60335-2-40....................  Household and Similar Electrical
                                    Appliances, Part 2: Particular
                                    Requirements for Electrical Heat
                                    Pumps, Air-Conditioners and
                                    Dehumidifiers.
UL 60730-2-2.....................  Automatic Electrical Controls for
                                    Household and Similar Use; Part 2
                                    Particular Requirements for Thermal
                                    Motor Protectors.
UL 60745-1.......................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 1: General
                                    Requirements.
UL 60745-2-1.....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-1: Particular
                                    Requirements for Drills and Impact
                                    Drills.
UL 60745-2-13....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-13: Particular
                                    Requirements For Chain Saws.
UL 60745-2-14....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-14: Particular
                                    Requirements for Planers.
UL 60745-2-15....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-15: Particular
                                    Requirements for Hedge Trimmers.
UL 60745-2-17....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-17: Particular
                                    Requirements for Routers and
                                    Trimmers.
UL 60745-2-19....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-19: Particular
                                    Requirements For Jointers.
UL 60745-2-21....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-21: Particular
                                    Requirements For Drain Cleaners.
UL 60745-2-22....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-22: Particular
                                    Requirements For Cut-Off Machines.
UL 60745-2-3.....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-3: Particular
                                    Requirements for Grinders, Polishers
                                    and Disk-Type Sanders.
UL 60745-2-5.....................  Hand-Held Motor-Operated Electric
                                    Tools--Safety--Part 2-5: Particular
                                    Requirements for Circular Saws.
UL 60947-4-1A....................  Low Voltage Switchgear and
                                    Controlgear--Part 4-1: Contactors
                                    and Motor-starters-Electromechanical
                                    Contractors and Motor-starters.
UL 60947-5-2.....................  Low-voltage Switchgear and
                                    Controlgear--Part 5-2: Control
                                    Circuit Devices and Switching
                                    Elements--Proximity Switches.
UL 60950-1.......................  Information Technology Equipment
                                    Safety--Part 1: General
                                    Requirements.
UL 60950-21......................  Information Technology Equipment--
                                    Safety--Part 21: Remote Power
                                    Feeding.
UL 60950-22......................  Information Technology Equipment
                                    Safety--Part 22: Equipment to be
                                    Installed Outdoors.
UL 60950-23......................  Information Technology Equipment
                                    Safety--Part 23: Large Data Storage
                                    Equipment.
UL 61010-031.....................  Electrical Equipment for Measurement,
                                    Control, and Laboratory Use; Part
                                    031: Safety Requirements for Hand-
                                    Held Probe Assemblies for Electrical
                                    Measurement and Test.
UL 61010-1.......................  Electrical Equipment for Measurement,
                                    Control, and Laboratory Use; Part 1:
                                    General Requirements.
UL 61010-2-030...................  Safety Requirements for Electrical
                                    Equipment for Measurement, Control,
                                    and Laboratory Use--Part 2-030:
                                    Particular Requirements for Testing
                                    and Measuring Circuits.
UL 61058-1.......................  Switches for Appliances--Part 1:
                                    General Requirements.
UL 61800-5-1.....................  Adjustable Speed Electrical Power
                                    Drive Systems--Part 5-1: Safety
                                    Requirements--Electrical, Thermal
                                    and Energy.
UL 62275.........................  Cable Management Systems--Cable Ties
                                    for Electrical Installations.
UL 62368-1.......................  Audio/Video, Information and
                                    Communication Technology Equipment--
                                    Part 1: Safety Requirements.
------------------------------------------------------------------------

V. 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 November 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-28093 Filed 11-22-13; 8:45 am]
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