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 Department of Labor Occupational Safety and Health Administration [Docket Nos. OSHA-2005-022, OSHA-2006-0028, OSHA-2006-0029, OSHA-2006-0040, OSHA-2006-0042, OSHA-2007-0039, OSHA-2007-0041, OSHA-2007-0042, OSHA-2009-0025, OSHA-2009-0026, OSHA-2009-0027]
 AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
 ACTION: Notice.
 SUMMARY: This notice modifies the scopes of recognition of several Nationally Recognized Testing Laboratories resulting from the withdrawal of test standards by standards-developing organizations.
 DATES: *Effective Date:*
                         The effective date of this notice is September 14, 2009.
 FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210; phone: (202) 693-2110.


SUPPLEMENTARY INFORMATION: I. Notice of Modifications In this notice, the Occupational Safety and Health Administration (OSHA) is modifying the scopes of recognition of several Nationally Recognized Testing Laboratories (NRTLs). Specifically, one or more of the test standards that OSHA currently includes in the scopes of recognition of these NRTLs are no longer “appropriate test standards” under 29 CFR 1910.07(c) because the standards-developing organizations that wrote and published the standards withdrew the standards. Consequently, OSHA is deleting the test standards from the scope of recognition of each affected NRTL. Section IV of this notice (“Modifications to Each NRTL's Scope of Recognition”) identifies the affected NRTLs. To substitute other test standards for the standards being removed, OSHA's policy permits NRTLs to request, or OSHA to provide, recognition for comparable test standards, i.e., other appropriate test standards covering comparable product testing. The table in Section III (“Withdrawn Test Standards and Replacement Test Standards”) identifies the test standards removed from the scopes of recognition of the affected NRTL, under the heading 
                    ( print page 47027)
                    “Withdrawn Standards,” while the replacement standards for the withdrawn standards, if applicable, are provided under the heading “Replacement Standards.” As shown in this table, many of the test standards being removed have no comparable replacement standard. In these cases, if an NRTL or other party has information that a comparable replacement standard exists, it may provide this information to OSHA; if OSHA concurs, it will add the standard to the scope of recognition of the affected NRTL(s). OSHA will incorporate the modifications specified by this notice on its informational Web page for each NRTL. This page details OSHA's official scope of recognition for the NRTL, including the standards the NRTL may use to certify products under OSHA's NRTL Program. Access to these Web pages is available through 
                    *http://www.osha.gov/​dts/​otpca/​nrtl/​index.html.* II. Summary of OSHA's NRTL Requirements OSHA recognition of any NRTL signifies that the organization meets the legal requirements in § 1910.7 of Title 29, Code of Federal Regulations (i.e., 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; recognition is not a delegation or grant of government authority. Recognition allows employers to use products certified by an NRTL to meet OSHA standards that require testing and certification. OSHA specifies a scope of recognition for each NRTL that includes a list of product-safety test standards that the NRTL may use in testing and certifying (i.e., approving) products; NRTLs must demonstrate that the products conform to “appropriate test standards,” as defined under 29 CFR 1910.7(c). “Appropriate test standards” are consensus-based product-safety test standards developed and maintained by U.S.-based standards-developing organizations (SDOs). These test standards differ from OSHA standards in that OSHA standards are general requirements that employers must meet, while test standards specify technical safety requirements that particular types of products must meet. Occasionally, an SDO withdraws existing test standards or adopts replacement test standards. In such cases, OSHA can no longer consider the withdrawn standards as “appropriate,” and, therefore, can no longer include these standards in the NRTLs' scopes of recognition. III. Withdrawn Test Standards and Replacement Test Standards The table below lists the withdrawn
                    
                     standards and the replacement standards identified by the SDO for the
                    
                     withdrawn standards, as applicable. Withdrawn test standards
Replacement test standardsANSI C37.38—Gas Insulated, Metal Enclosed Disconnecting, Interrupter and Grounding Switches
None known.ANSI C37.72—Manually Operated Dead Front, Pad-Mounted Switchgear with Load Interrupting Switches and Separable Connectors for Alternating Current System
None known.ANSI C57.12.28—Switchgear and Transformers Pad-Mounted Equipment Enclosure Integrity
None known.ANSI ICS 2—Industrial Control Devices, Controllers and Assemblies
None known.UL 3—Flexible Nonmetallic Tubing for Electric Wiring
None known.ANSI/NFPA 11A—Medium and High Expansion Foam Systems
None known.UL 45—Portable Electric Tools
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements.ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems
None known.UL 298—Portable Electric Hand Lamps
UL 153—Portable Electric Luminaires 1UL 351—Rosettes
None known.UL 486B—Wire Connectors.
UL 486A-486B—Wire Connectors.UL 511—Porcelain Electrical Cleats, Knobs, and Tubes
None known.UL 1004A—Fire Pump Motors
UL 1004-1—Rotating Electrical Machines—General Requirements 2
                            ; and UL 1004-5—Fire Pump Motors.UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components
UL 60691—Thermal-Links—Requirements and Application Guide.UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations
None known.UL 1262—Laboratory Equipment
UL 61010A-1 1
                            —Electrical Equipment For Laboratory Use; Part 1: General Requirements.UL 1585—Class 2 and Class 3 Transformers.
UL 5085-1—Low Voltage Transformers—Part 1: General Requirements; and
                             UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers.UL 2083—Halon 1301 Recovery/Recycling Equipment
None known.UL 2125—Motor Operated Air Compressors for Use in Sprinkler Systems
None known.UL 3044—Surveillance Closed Circuit Television Equipment
None known.
 
 
 IV. Modificationsto Each NRTL's Scope of Recognition Canadian Standards Association (CSA) (Docket No. OSHA-2006-0042) Withdrawn Test Standards UL 3—Flexible Nonmetallic Tubing for Electric Wiring UL 45—Portable Electric Tools UL 298—Portable Electric Hand Lamps UL 351—Electrical Rosettes UL 486B—Wire Connectors UL 511—Porcelain Electrical Cleats, Knobs, and Tubes UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations UL 1262—Laboratory Equipment UL 1585—Class 2 and Class 3 Transformers UL 2083—Halon 1301 Recovery/Recycling Equipment UL 2125—Motor-Operated Air Compressors for Use in Sprinkler Systems (Note: The title in OSHA's web page is shown incorrectly as Vehicle Battery Adapters.) Replacement Test Standards UL 486A-486B—Wire Connectors UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements UL 60691—Thermal-Links—Requirements and Application Guide Curtis-Straus LLC (Docket No. OSHA-2009-0026) Withdrawn Test Standard UL 3111-1—Electrical Measuring and Test Equipment, Part 1: General Requirements Replacement Test Standard UL 61010B-1—Electrical Measuring and Test Equipment; Part 1: General Requirements FM Approvals LLC (Docket No. OSHA-2007-0041) Withdrawn Test Standards ANSI ICS 2—Industrial Control Devices, Controllers and Assemblies ANSI/NFPA 11A—Medium and High Expansion Foam Systems ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations UL 1262—Laboratory Equipment Replacement Test Standard UL 61010A-1—Electrical Equipment For Laboratory Use; Part 1: General Requirements Intertek Testing Services NA, Inc. (Docket No. OSHA-2007-0039) Withdrawn Test Standards ANSI C37.38—Gas-Insulated, Metal-Enclosed Disconnecting, Interrupter and Grounding Switches ANSI ICS 2—Industrial Control Devices, Controllers and Assemblies UL 3—Flexible Nonmetallic Tubing for Electric Wiring ANSI/NFPA 11A—Medium and High Expansion Foam Systems UL 45—Portable Electric Tools ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems UL 298—Portable Electric Hand Lamps UL 486B—Wire Connectors UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations UL 1262—Laboratory Equipment UL 1585—Class 2 and Class 3 Transformers UL 2083—Halon 1301 Recovery/Recycling UL 2125—Motor-Operated Air Compressors for Use in Sprinkler Systems UL 3044—Surveillance Closed Circuit Television Equipment Replacement Test Standards UL 486A-486B—Wire Connectors UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General UL 60691—Thermal-Links—Requirements and Application Guide (for UL 1020) MET Laboratories, Inc. (Docket No. OSHA-2006-0028) Withdrawn Test Standards UL 45—Portable Electric Tools UL 298—Portable Electric Hand Lamps UL 1262—Laboratory Equipment UL 1585—Class 2 and Class 3 Transformers UL 3044—Surveillance Closed Circuit Television Equipment Replacement Test Standards UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General SGS U.S. Testing Company, Inc. (Docket No. OSHA-2006-0040) Withdrawn Test Standard UL 3—Flexible Nonmetallic Tubing for Electric Wiring Replacement Test Standards None TUV America, Inc. (Docket No. OSHA-2009-0027) Withdrawn Test Standards UL 45—Portable Electric Tools UL 1585—Class 2 and Class 3 Transformers Replacement Standards UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Already in TUVAM's scope TUV Product Services GmbH (Docket No. OSHA-2005-022) Withdrawn Test Standards UL 298—Portable Electric Hand Lamps UL 1585—Class 2 and Class 3 Transformers Replacement Test Standards UL 153—Portable Electric Luminaires UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers TUV Rheinland of North America, Inc. (Docket No. OSHA-2007-0042) Withdrawn Test Standards UL 45—Portable Electric Tools ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems UL 298—Portable Electric Hand Lamps UL 1262—Laboratory Equipment UL 1585—Class 2 and Class 3 Transformers UL 3044—Surveillance Closed Circuit Television Equipment
                    ( print page 47029) UL 60730-1—Automatic Electrical Controls for Household and Similar Use; Part 1: General Requirements [3] Replacement Test Standards UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements Underwriters Laboratories Inc. (Docket No. OSHA-2009-0025) Withdrawn Test Standards ANSI/IEEE C37.38—Gas-Insulated, Metal-Enclosed Disconnecting, Interrupter and Grounding Switches ANSI C37.72—Manually-Operated Dead-Front, Pad-Mounted Switchgear with Load-Interrupting Switches and Separable Connectors for Alternating-Current System ANSI C57.12.28—Switchgear and Transformers—Pad-Mounted Equipment—Enclosure Integrity UL 3—Flexible Nonmetallic Tubing for Electric Wiring ANSI/NFPA 11A—Medium and High Expansion Foam Systems UL 45—Portable Electric Tools ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems UL 298—Portable Electric Hand Lamps UL 351—Electrical Rosettes UL 486B—Wire Connectors UL 511—Porcelain Electrical Cleats, Knobs, and Tubes UL 1004A—Fire Pump Motors UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations UL 1262—Laboratory Equipment UL 1585—Class 2 and Class 3 Transformers UL 2083—Halon 1301 Recovery/Recycling Equipment UL 2125—Motor-Operated Air Compressors for Use in Sprinkler Systems UL 3044—Surveillance Closed Circuit Television Equipment Replacement Test Standards UL 486A-486B—Wire Connectors UL 1004-5—Fire Pump Motors UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements UL 60691—Thermal-Links—Requirements and Application Guide Wyle Laboratories, Inc. (Docket No. OSHA-2006-0029) Withdrawn Test Standards UL 45—Portable Electric Tools UL 486B—Wire Connectors UL 1262—Laboratory Equipment UL 1585—Class 2 and Class 3 Transformers Replacement Test Standards UL 486A-486B—Wire Connectors UL 5085-1—Low Voltage Transformers—Part 1: General Requirements UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements V. Authority and Signature Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue, NW., Washington, DC 20210, directed the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to Sections 6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655 and 657), Secretary of Labor's Order No. 5-2007 (72 FR 31160), and 29 CFR Part 1911. Signed at Washington, DC, on September 4th, 2009. Jordan Barab, Acting Assistant Secretary for Occupational Safety and Health.


# Footnotes

1.
    
                         OSHA already includes this standard in the scopes of recognition of many NRTLs. It is listed below in section IV of this notice as a Replacement Standard only when an NRTL's scope does not now include the standard. Back to Citation
 2.
    
                         NRTLs currently recognized for UL 1004—Electric Motors may request recognition for UL 1004-1 by providing the necessary documentation that demonstrates their technical capability to perform any testing and evaluation covered in UL 1004-1 but not in UL 1004. If it determines that the NRTL has the capability, OSHA will grant the request and update the NRTL's scope of recognition. Back to Citation
 3.
    
                         Previously withdrawn— see 
                        *http://www.osha.gov/​dts/​otpca/​nrtl/​stdsderecgn.html*, Note “*” concerning notice published on January 6, 2003 (68 FR 579-583). Back to Citation


[FR Doc. E9-22004 Filed 9-11-09; 8:45 am] BILLING CODE 4510-26-P