[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18086-18087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08598]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0083]


Applied Research Laboratories of South Florida, LLC: Grant of 
Recognition as a Nationally Recognized Testing Laboratory

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces its final decision to grant 
recognition to Applied Research Laboratories of South Florida, LLC, as 
a Nationally Recognized Testing Laboratory (NRTL).

DATES: Recognition as a NRTL becomes effective on April 25, 2018.

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].
    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, 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. Background

    Many of OSHA's workplace standards require that a NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, the NRTLs must meet 
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. 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 a NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The Agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides its preliminary finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of Final Decision

    OSHA hereby gives notice of the Agency's decision to grant 
recognition to Applied Research Laboratories of South Florida, LLC 
(ARL), as a NRTL. According to its public information (see http://www.arl-test.com), ARL states that it is an internationally accredited 
testing laboratory. In its application, ARL lists the current address 
of its headquarters as: Applied Research Laboratories of South Florida, 
LLC, 5371 SW 161 Street, Miami, Florida 33014.
    Each NRTL's scope of recognition has three elements: (1) The type 
of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that have the 
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the 
NRTL's scope of recognition; 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 testing and certification. 
ARL applied on March 5, 2014, for initial recognition as a NRTL. In its 
initial application, ARL requested recognition for two test standards, 
one site, and two supplemental programs (OSHA-2007-0083-0050). This 
application was amended on December 1, 2014, to add one additional test 
standard (OSHA-2007-0083-0051).\1\
---------------------------------------------------------------------------

    \1\ ARL requested recognition for UL 1995, UL 1996, and UL 96. 
OSHA denies ARL's UL 96 application. OSHA is, on the date of 
publication of the current notice in the Federal Register, also 
issuing a Federal Register Notice removing UL 96 from OSHA's List of 
Appropriate Test Standards because UL 96 is not an appropriate test 
standard. That notice can be accessed via www.regulations.gov under 
Docket ID OSHA-2013-0012.
---------------------------------------------------------------------------

    OSHA published the preliminary notice announcing ARL's application 
for recognition in the Federal Register on February 23, 2018 (83 FR 
8113). The Agency requested comments by March 26, 2018, but it received 
no comments in response to this notice. OSHA now is proceeding with 
this final notice to grant recognition to ARL as a NRTL.
    To obtain or review copies of all public documents pertaining to 
ARL's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW, Room N-2625, Washington, DC 
20210. Docket No. OSHA-2007-0083 contains all materials in the record 
concerning ARL's recognition.

[[Page 18087]]

III. Final Decision and Order

    OSHA staff performed a detailed analysis of ARL's application 
packet and reviewed other pertinent information. OSHA staff also 
performed three comprehensive on-site assessments of ARL's testing 
facilities on February 25-26, 2015, March 30, 2016, and November 28-29, 
2017. Based on a review of this evidence, OSHA finds that ARL meets the 
requirements of 29 CFR 1910.7 for recognition as a NRTL, subject to the 
specified limitation and conditions outlined in this notice. OSHA, 
therefore, is proceeding with this final notice to grant recognition to 
ARL as a NRTL. The following sections set forth the scope of 
recognition included in ARL's grant of recognition.

A. Standards Requested for Recognition

    OSHA limits ARL's scope of recognition to testing and certification 
of products for demonstration of conformance to the test standards 
listed in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in ARL's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 1995................................  Heating and Cooling Equipment.
UL 1996................................  Standard for Electric Duct
                                          Heaters.
------------------------------------------------------------------------

    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, a 
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, 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 (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.

B. Sites Requested for Recognition

    OSHA limits ARL's scope of recognition to include the site at:
    Applied Research Laboratories of South Florida, LLC, 5371 NW 161 
Street, Miami, Florida 33014.
    OSHA's recognition of this site limits ARL to performing product 
testing and certifications only to the test standards for which the 
site has the proper capability and programs, and for test standards in 
ARL's scope of recognition. This limitation is consistent with the 
recognition that OSHA grants to other NRTLs that operate multiple 
sites.

C. Supplemental Programs

    OSHA limits ARL's scope of recognition to include the following 
supplemental programs:
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents (for calibration services only).

D. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
ARL must abide by the following conditions of the recognition:
    1. ARL 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. In response to a proposed corrective action to the February 2015 
on-site assessment, OSHA Proposed and ARL agrees to increased OSHA 
oversight of its operations including
     More frequent on-site assessments of ARL facilities;
     ARL providing OSHA with periodic reports listing the 
products that have been certified under the NRTL Program; and
    3. Confirmation from ARL that products with ARL Listings (non-NRTL) 
will undergo re-evaluation and re-testing and/or a thorough documented 
review of previously gathered evaluation and testing results prior to 
NRTL certification.
    4. ARL must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    5. ARL must continue to meet the requirements for recognition, 
including all previously published conditions on ARL's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants 
recognition to ARL as a NRTL, subject to these limitations and 
conditions specified above.

IV. 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 19, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-08598 Filed 4-24-18; 8:45 am]
 BILLING CODE 4510-26-P


