[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49128-49130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21158]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


Underwriters Laboratories, Inc.: Grant of Expansion of 
Recognition and Modification to the Nationally Recognized Testing 
Laboratory (NRTL) Program's List of Appropriate Test Standards

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

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for Underwriters Laboratories, Inc., (UL) as a 
NRTL to include 26 additional test standards. In addition, OSHA 
announces the addition of 22 test standards to the NRTL Program's List 
of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes applicable on 
September 28, 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, U.S. Department of Labor, phone: 
(202) 693-2110 or 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., as a NRTL. UL's 
expansion covers the addition of 26 test standards to its scope of 
recognition.
    OSHA recognition of a 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 the 
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 a 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 the 
Agency publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application and 
provides a preliminary finding and, in the second notice, the Agency 
provides the 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 
website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    UL submitted an application, dated May 31, 2017, (OSHA-2009-0025-
0020) to expand its recognition to include 26 additional test 
standards. This application was updated on November 1, 2017, (OSHA-
2009-0025-0021) to include an additional standard, for a total of 27 
standards. OSHA determined that one of the standards requested in UL's 
application, UL 2703, ``Standard for Mounting System, Mounting Devices, 
Clamping/Retention Devices, and Ground Lugs for Use with Flat-Plate 
Photovoltaic Modules and Panels,'' does not meet the requirements for 
an appropriate test standard in 29 CFR 1910.7; indeed, 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 products, while OSHA's NRTL Program addresses mainly 
electrical end products. Accordingly, OSHA declines to add UL 2703 to 
the NRTL Program's List of Appropriate Test Standards and rejects UL's 
application to add the standard to its scope of recognition. OSHA staff 
performed a detailed analysis of the application packet 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 20, 2018, (83 FR 17568). 
The agency requested comments by May 7, 2018, but it received no timely 
comments in response to this notice. OSHA is now proceeding with this 
final notice to grant expansion of UL's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
UL's application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW, Room N-3653, 
Washington, DC 20210. Docket No. OSHA-2009-0025 contains all materials 
in the record concerning UL's recognition.

II. Final Decision and Order

    OSHA staff examined UL's expansion application, capability to meet 
the requirements of the test standards, and other pertinent 
information. Based on a review of this evidence, OSHA finds that UL 
meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the specified limitation and conditions listed 
below. OSHA, therefore, is proceeding with this final notice to grant 
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, below in Table 1.

 Table 1--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).

[[Page 49129]]

 
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.
UL 1973 *.......................  Standard for Batteries for Use in
                                   Stationary, Vehicle Auxiliary Power
                                   and Light Electric Rail (LER)
                                   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 2594.........................  Standard for Electric Vehicle Supply
                                   Equipment.
UL 2775 *.......................  Standard for Fixed Condensed Aerosol
                                   Extinguishing System Units.
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 standards that OSHA will add to the NRTL Program's List
  of Appropriate Test Standards

    In this notice, OSHA also announces the addition of 22 new test 
standards to the NRTL Program's List of Appropriate Test Standards. 
Table 2, below, lists the test standards that are new to the NRTL 
Program. OSHA has determined that these test standards are appropriate 
test standards and will include them in the NRTL Program's List of 
Appropriate Test Standards.

  Table 2--Test Standards OSHA Is Adding 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.

[[Page 49130]]

 
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.
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.
------------------------------------------------------------------------

    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 use 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, the use of the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation may 
occur. 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 a 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.

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 September 24, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-21158 Filed 9-27-18; 8:45 am]
 BILLING CODE 4510-26-P


