[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52139-52140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21236]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


Underwriters Laboratories, Inc.: Grant of Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for Underwriters Laboratories, Inc. as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
October 1, 2019.

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: meilinger.francis2@dol.gov.
    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; telephone: 
(202) 693-2110; email: robinson.kevin@dol.gov. OSHA's website 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. (UL) as a NRTL. UL's 
expansion covers the addition of three recognized testing standards to 
the 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 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.
    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 
that the agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides the 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 the 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 August 24, 2016 (OSHA-2009-0025-
0024), to expand recognition to include three additional test 
standards. This application was revised on July 24, 2018, to note the 
titles of the standards requested in the original application (OSHA-
2009-0025-0025). OSHA staff performed detailed analyses of the 
application packets and 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 10, 2019 (84 FR 14402). 
The agency requested comments by April 25, 2019, and the agency 
received one comment (OSHA-2009-0025-0028) about the application, but 
the comment did not require a response from the agency. OSHA now is 
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 www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW, Room N-3655, Washington, DC 2021; 
telephone: (202) 693-2350. Docket No. OSHA-2009-0025 contains all 
materials in the record concerning UL's recognition.

[[Page 52140]]

II. Final Decision and Order

    OSHA staff examined UL's expansion application and examined 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 
recognition, subject to the limitation and conditions listed below.
    OSHA, therefore, is proceeding with this final notice to grant 
expansion of UL's scope of recognition.

 Table 1--List of Appropriate Test Standards for Inclusion in UL's NRTL
                          Scope of Recognition
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                 Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-2.....................................  Standard for Explosive
                                                  Atmospheres--Part 2:
                                                  Equipment Protection
                                                  by Pressurized
                                                  Enclosure ``p''.
UL 60079-25....................................  Explosive Atmospheres--
                                                  Part 25: Intrinsically
                                                  Safe Electrical
                                                  Systems.
UL 60079-31....................................  Explosive Atmospheres--
                                                  Part 31: Equipment
                                                  Dust Ignition
                                                  Protection by
                                                  Enclosure ``t''.
------------------------------------------------------------------------

    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, 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 an 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.

III. Authority and Signature

    Loren Sweatt, Principal 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 25, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-21236 Filed 9-30-19; 8:45 am]
 BILLING CODE 4510-26-P


