[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45755-45759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17436]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0012]
Proposed Modification to the List of Appropriate NRTL Program
Test Standards and the Scope of Recognition of Several NRTLs
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA proposes to: Add new test standards to
the Nationally Recognized Testing Laboratories (NRTL) Program's list of
appropriate test standards; delete or replace several test standards
from the NRTL Program's list of appropriate test standards; and modify
the scope of recognition of several NRTLs.
DATES: Submit comments, information, and documents in response to this
notice, or request for an extension of time to make a submission, on or
before August 31, 2021.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. 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 the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2013-0012).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 31, 2021 to the 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-3653, Washington, DC 20210, or by fax to (202) 693-
1644.
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 or email: robinson.kevin@dol.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. The
products covered by the NRTL Program consist of those items for which
OSHA safety standards require ``certification'' by a NRTL. The
requirements affect electrical products and 36 other types of products.
OSHA does not develop or issue these test standards, but generally
relies on standards development organizations (SDOs), which develop and
maintain the standards using a method that provides for input and
consideration of views of industry groups, experts, users, consumers,
governmental authorities, and others having broad experience in the
safety field involved.
A. Addition of New Test Standards to the NRTL List of Appropriate Test
Standards
Periodically, OSHA will add new test standards to the NRTL list of
appropriate test standards following an evaluation of the test standard
document. To qualify as an appropriate test standard, the agency
evaluates the document to (1) verify it represents a product category
for which OSHA requires certification by a NRTL, (2) verify the
document represents an end product and not a component, and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become 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 scope of
recognition; and (3) obtaining notification from manufacturers,
manufacturing organizations, government agencies, or other parties that
a new test standard may be appropriate to add to the list of
appropriate standards. 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,
addresses a type of product that no standard previously covered, or is
otherwise new to the NRTL Program.
B. SDO Deletion and Replacement of Test Standards
The NRTL Program regulations require that appropriate test
standards be maintained and current (29 CFR 1910.7(c)). A test standard
withdrawn by an SDO is no longer considered an
appropriate test standard (CPL 01-00-004, NRTL Program Policies,
Procedures and Guidelines Directive (NRTL Program Directive), Ch.
2.IX.C.1). 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 (Id.). However,
SDOs frequently will designate a replacement standard for withdrawn
standards. OSHA will recognize a NRTL for an appropriate replacement
test standard if the NRTL has the requisite testing and evaluation
capability for the replacement test standard (NRTL Program Directive,
Ch. 2.IX.C.2).
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 a NRTL's scope are comparable (i.e., are
completely or substantially identical) to the requirements in the
replacement test standard (NRTL Program Directive, Ch. 2.IX.C.3). If
OSHA's analysis shows the replacement test standard does not require
additional or different technical capability than an existing test
standard(s), and the replacement test standard is comparable to the
existing test standard(s), then OSHA can add the replacement test
standard to affected NRTLs' scope of recognition. If OSHA's analysis
shows the replacement test standard requires an additional or different
technical capability, or the replacement test standard is not
comparable to any existing test standards, each affected NRTL seeking
to have OSHA add the replacement test standard to the NRTL's scope of
recognition must provide information to OSHA that demonstrates
technical capability (NRTL Program Directive, Ch. 2.IX.D).
C. Other Reasons for Removal of Test Standards From the NRTL List of
Appropriate Test Standards
OSHA may choose to remove a test standard from the NRTL list of
appropriate test standards based on an internal review in which NRTL
Program staff review the NRTL list of appropriate test standards to
determine if the test standards conform to the definition of an
appropriate test standard defined in NRTL Program regulations and
policy. There are several reasons for removing a test standard based on
this review. First, a document that provides the methodology for a
single test is a test method rather than an appropriate test standard
(29 CFR 1910.7(c)). A test standard must specify the safety
requirements for a specific type of product(s) (NRTL Program Directive,
Ch. 2.VIII.C.1). A test method, however, is a specified technical
procedure for performing a test. As such, a test method is not an
appropriate test standard. While a NRTL may use a test method to
determine if certain safety requirements are met, a test method is not
itself a safety requirement for a specific product category.
Second, a document that focuses primarily on usage, installation,
or maintenance requirements, and not safety requirements (i.e.,
features, parts, capabilities, usage limitations, or installation
requirements that would create a potential hazard in operating the
equipment if not properly used), would also not be considered an
appropriate test standard (NRTL Program Directive, Ch. 2.VIII.C.1). In
some cases, however, a document may also provide safety test
specifications in addition to usage, installation, and maintenance
requirements. In such cases, the document would be retained as an
appropriate test standard based on the safety test specifications.
Finally, a document may not be considered an appropriate test
standard if the document covers products for which OSHA does not
require testing and certification (NRTL Program Directive, Ch.
2.VIII.C.2). Similarly, a document that covers electrical product
components would not be considered an appropriate test standard. These
documents apply to types of components that have limitation(s) or
condition(s) on their use, which are not appropriate for use as end-use
products. These documents also specify that these types of components
are for use only as part of an end-use product. NRTLs, however,
evaluate such components only in the context of evaluating whether end-
use products requiring NRTL approval are safe for use in the workplace.
Accordingly, as a matter of policy, OSHA considers that documents
covering such components are not appropriate test standards under the
NRTL Program. OSHA notes, however, that it is not proposing to delete
from NRTLs' scope of recognition any test standards covering end-use
products that contain such components.
In addition, OSHA notes that, to conform to a test standard
covering an end-use product, a NRTL must still determine that the
components in the product comply with the components' specific test
standards. In making this determination, NRTLs may test the components
themselves, or accept the testing of a qualified testing organization
that a given component conforms to the particular test standard. OSHA
reviews each NRTL's procedures to determine which approach the NRTL
will use to address components, and reviews the end-use product testing
to verify that the NRTL appropriately addresses that product's
components.
II. Proposal To Delete Test Standards From the NRTL Program's List of
Appropriate Test Standards and Incorporate Into the List of Appropriate
Test Standards a Replacement Test Standard For a Withdrawn Test
Standard
In this notice, OSHA proposes to delete several test standards from
the NRTL Program's list of appropriate test standards. OSHA also
proposes to incorporate into the NRTL Program's list of appropriate
test standards a replacement test standard for a withdrawn test
standard.
Table 1 lists the test standards that OSHA proposes to delete from
the NRTL Program's List of Appropriate Test Standards, as well as an
abbreviated rationale for OSHA's proposed action. Additionally, Table 1
lists the replacement test standard that OSHA proposes to incorporate
into the NRTL Program's List of Appropriate Test Standards. OSHA seeks
comment on this preliminary determination.
OSHA notes that Table 1 lists the subject test standards and the
proposed action with regard to each of these test standards without
indicating how the proposed action will affect individual NRTLs.
Section III of this notice discusses how the proposed action will
affect individual NRTLs.
Table 1--Test Standards OSHA Is Proposing To Remove from NRTL Program's List of Appropriate Test Standards
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Proposed replacement
Proposed deleted test standard Test standard title Reason for deletion standard(s)
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UL 2231-1.......................... Personnel Protection Standard is component None.
Systems for Electric standard and not an end-
Vehicle (EV) Supply product standard. It
Circuits: General does not meet the
Requirements. requirements of the
NRTL Program.
UL 2231-2.......................... Personnel Protection Standard is component None.
Systems for Electric standard and not an end-
Vehicle (EV) Supply product standard. It
Circuits: Particular does not meet the
Requirements for requirements of the
Protection Devices for NRTL Program.
Use in Charging Systems.
UL 224............................. Extruded Insulating Standard is component None.
Tubing. standard and not an end-
product standard. It
does not meet the
requirements of the
NRTL Program.
UL 969............................. Marking and Labeling Standard is component None.
Systems. standard and not an end-
product standard. It
does not meet the
requirements of the
NRTL Program.
UL 1332............................ Organic Coatings for Standard is component None.
Steel Enclosures for standard and not an end-
Outdoor Use Electrical product standard. It
Equipment. does not meet the
requirements of the
NRTL Program.
UL 1441............................ Coated Electrical Standard is component None.
Sleeving. standard and not an end-
product standard. It
does not meet the
requirements of the
NRTL Program.
UL 1446............................ Systems of Insulating Standard is component None.
Materials--General. standard and not an end-
product standard. It
does not meet the
requirements of the
NRTL Program.
UL 61010A-2-042.................... Electrical Equipment for Withdrawn and replaced.. UL 61010-1 (no direct
Laboratory Use; Part 2: replacement for UL
Particular Requirements 61010A-2-042).
for Autoclaves and
Sterilizers Using Toxic
Gas for the Treatment
of Medical Materials,
and for Laboratory
Processes.
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III. Proposed Modifications to Affected NRTLs' Scope of Recognition
In this notice, OSHA additionally proposes to remove certain test
standards (i.e., those listed in Table 1, above) from the scopes of
recognition of several NRTLs and to add to the scopes of recognition of
some of these NRTLs a replacement test standard, as applicable. The
tables in this section (Table 2 through Table 6) list, for each
affected NRTL, the test standard(s) that OSHA proposes to remove from
the scope of recognition of the NRTL, along with the proposed
replacement test standard (as applicable).
OSHA seeks comment on whether the proposed deletions and
replacements are appropriate, and whether individual tables omit any
appropriate replacement test standard that is comparable to a withdrawn
test standard. If OSHA determines that it omitted any appropriate
replacement test standard that is comparable to a withdrawn test
standard, it will, in the final determination, incorporate that
replacement test standard into the scope of recognition of each
affected NRTL.
Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request, by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
Table 2--Test Standards OSHA Proposes To Remove From/Add to the Scope of
Recognition of the CSA Group Testing & Certification Inc.
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Proposed
Proposed test standard to be Reason for proposed replacement
removed removal test standard(s)
(if applicable)
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UL 224........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 969........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1441....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1446....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 61010A-2-042............... Withdrawn and replaced UL 61010-1 (no
direct
replacement).
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Table 3--Test Standards OSHA Proposes To Remove From/Add to the Scope of
Recognition of Intertek Testing Services NA, Inc.
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Proposed
Proposed test standard to be Reason for proposed replacement test
removed removal standard(s) (if
applicable)
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UL 224........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 969........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1441....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1446....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 61010A-2-042............... Withdrawn and replaced UL 61010-1 (no
direct
replacement).
------------------------------------------------------------------------
Table 4--Test Standard OSHA Proposes To Remove From the Scope of
Recognition of TUV Rheinland of North America, Inc.
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Proposed
Proposed test standard to be Reason for proposed replacement test
removed removal standard(s) (if
applicable)
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UL 224........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
------------------------------------------------------------------------
Table 5--Test Standard OSHA Proposes To Remove From the Scope of
Recognition of TUV SUD America, Inc.
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Proposed
Proposed test standard to be Reason for proposed replacement test
removed removal standard(s) (if
applicable)
------------------------------------------------------------------------
UL 969........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
------------------------------------------------------------------------
Table 6--Test Standards OSHA Proposes To Remove From/Add to the Scope of
Recognition of UL LLC
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Proposed
Proposed test standard to be Reason for proposed replacement
removed removal test standard(s)
(if applicable)
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UL 2231-1..................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 2231-2..................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 224........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 969........................ Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1332....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1441....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 1446....................... Standard is component None.
standard and not an
end-product standard.
It does not meet the
requirements of the
NRTL Program.
UL 61010A-2-042............... Withdrawn and replaced UL 61010-1 (no
direct
replacement).
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IV. Proposal To Add Test Standards to the NRTL Program's List of
Appropriate Test Standards
In this notice, OSHA also proposes to add several test standards to
the NRTL Program's list of appropriate test standards. Table 7, below
lists the test standards that OSHA proposes to add to the NRTL
Program's List of Appropriate Test Standards. OSHA seeks comment on
this preliminary determination.
Table 7--Test Standards OSHA Proposes To Add to the NRTL Program's List
of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
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UL 970............................ Standard for Retail Fixtures and
Merchandise Displays.
UL 62841-2-17..................... Electric Motor-Operated Hand-Held
Tools, Transportable Tools and Lawn
and Garden Machinery--Safety--Part
2-17: Particular Requirements for
Hand-Held Routers.
UL 62841-4-1...................... Electric Motor-Operated Hand-Held
Tools, Transportable Tools And Lawn
And Garden Machinery--Safety--Part
4-1: Particular Requirements For
Chain Saws.
UL 62841-4-2...................... Standard for Electric Motor-Operated
Hand-Held Tools, Transportable
Tools And Lawn And Garden
Machinery--Safety--Part 4-2:
Particular Requirements For Hedge
Trimmers.
CSA/ANSI C22.2 No. 336............ Particular requirements for
rechargeable battery-operated
commercial robotic floor treatment
machines with traction drives.
UL 61730-1........................ Standard for Photovoltaic (PV)
Module Safety Qualification--Part
1: Requirements for Construction.
UL 61730-2........................ Photovoltaic (PV) Module Safety
Qualification--Part 2: Requirements
for Testing.
------------------------------------------------------------------------
To review copies of comments submitted to the docket, contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. These materials will generally be available online
at http://www.regulations.gov under Docket No. OSHA-2013-0012.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding the removal of recognition of
these test standards from the NRTL Program's List of Appropriate Test
Standards and to update the scope of recognition of several NRTLs. The
Assistant Secretary will make the final decision. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public
notice of this final decision in the Federal Register.
V. Authority and Signature
James S. Frederick, Acting 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 Section 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.
Signed at Washington, DC, on August 6, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-17436 Filed 8-13-21; 8:45 am]
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