[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 4053-4055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01453]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0025]
UL LLC: Application for Expansion of Recognition and Proposed
Modification to the 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 application of UL LLC for
expansion of the scope of recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the agency's preliminary finding
to grant the application. Additionally, OSHA proposes to add two test
standards to the NRTL Program's List of Appropriate Test Standards.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before February 10, 2022.
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 submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All 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 at 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 (OSHA-2009-0025). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data. 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 February 10, 2022 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; 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, phone: (202) 693-2110
or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that UL LLC (UL) is applying to expand the
scope of its current recognition as a NRTL. UL requests the addition of
eleven test standards to its NRTL scope of recognition.
OSHA's 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. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
The agency processes applications by NRTLs or applicant
organizations for initial recognition, as well as for expansion or
renewal of recognition, following the 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 a preliminary
finding. 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, including UL, which details that
NRTL's scope of recognition. These pages are available from the OSHA
website at https://www.osha.gov/dts/otpca/nrtl/index.html. UL currently
has thirteen facilities (sites) recognized by OSHA for product testing
and certification, with headquarters located at: UL LLC, 333 Pfingsten
Road, Northbrook, Illinois 60062. A complete list of UL sites
recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/ul.html.
II. General Background on the Application
UL submitted an application, dated May 23, 2019, to expand
recognition to include twelve additional test standards (OSHA-2009-
0025-0038). This application was amended on November 11, 2021 to remove
one standard from the original request (OSHA-2009-0025-0039). The
expansion, if approved, will cover the remaining eleven standards. OSHA
staff performed a detailed analysis of the application packet and other
pertinent information. OSHA did not perform any on-site reviews in
relation to this application.
Table 1, below, lists the test standards found in UL's application
for expansion for testing and certification of products under the NRTL
Program.
Table 1--Proposed Test Standards for Inclusion in UL's NRTL Scope of
Recognition
------------------------------------------------------------------------
Test Standard Test Standard title
------------------------------------------------------------------------
UL 122701 *.................. Requirements for Process Sealing Between
Electrical Systems and Flammable or
Combustible Process Fluids.
UL 248-19 *.................. Standard for Low-Voltage Fuses--Part 19:
Photovoltaic Fuses.
UL 8139...................... Electrical Systems of Electronic
Cigarettes and Vaping Devices.
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.
ISA 60079-25................. Standard for Explosive Atmospheres--Part
25: Intrinsically Safe Electrical
Systems.
UL 60079--25................. Standard for Explosive Atmospheres--Part
25: Intrinsically Safe Electrical
Systems.
UL 60079-26.................. Explosive Atmospheres--Part 26: Equipment
for Use in Class I, Zone 0 Hazardous
(Classified) Locations.
UL 60079-30-1................ Standard for Explosive Atmospheres--Part
30-1: Electrical Resistance Trace
Heating-General and Testing
Requirements.
UL 121201.................... Nonincendive Electrical Equipment for Use
in Class I and II, Division 2 and Class
III, Divisions 1 and 2 Hazardous
(Classified) Locations.
UL 60079-28.................. Standard for Explosive Atmospheres--Part
28: Protection of Equipment and
Transmission Systems Using Optical
Radiation.
------------------------------------------------------------------------
* In this notice, OSHA also proposes to add this test standard to the
NRTL Program's List of Appropriate Test Standards.
III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards
Periodically, OSHA will propose to 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 a 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 Standards Development Organizations; (2) reviewing applications
by NRTLs or applicants seeking recognition to include new test
standards in their scopes of recognition; or (3) obtaining notification
from manufacturers, manufacturing organizations, government agencies,
or other parties. 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 or if the test standard
covers a type of product that no standard previously covered.
In this notice, OSHA proposes to add two 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
preliminarily determines that these test standards are appropriate test
standards. OSHA seeks public comment on this preliminary determination.
Table 2--Standards OSHA Is Proposing To Add to the NRTL Program's List
of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 122701.............................. Requirements for Process
Sealing Between Electrical
Systems and Flammable or
Combustible Process Fluids.
UL 248-19.............................. Standard for Low-Voltage Fuses--
Part 19: Photovoltaic Fuses.
------------------------------------------------------------------------
IV. Preliminary Findings on the Application
UL submitted an acceptable application for expansion of the scope
of recognition. OSHA's review of the application files and related
material preliminarily indicate that UL can meet the requirements
prescribed by 29 CFR 1910.7 for expanding recognition to include the
addition of the test standards listed above for NRTL testing and
certification. This preliminary finding does not constitute an interim
or temporary approval of UL's application.
OSHA also preliminarily determined that the test standards listed
above are appropriate test standards. OSHA seeks public comment on
these preliminary determinations.
V. Public Participation
OSHA welcomes public comment as to whether UL meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL
and whether the test standards listed above are appropriate test
standards that should be included in the NRTL Program's List of
Appropriate Test Standards. 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 no longer than 10 days
unless the requester justifies a longer time period. OSHA may deny a
request for an extension if it is not adequately justified.
To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor, listed in ADDRESSES. These materials also are generally
available online at https://www.regulations.gov under Docket No. OSHA-
2009-0025 (for further information, see the ``Docket'' heading in the
section of this notice titled ADDRESSES),
OSHA staff will review all comments to the docket submitted in a
timely manner and after addressing the issues raised by these comments,
make a recommendation to the Assistant Secretary for Occupational
Safety and Health on whether to grant UL's application for expansion of
its scope of recognition and to add the test standards listed above to
the NRTL Program's List of Appropriate Test Standards. The Assistant
Secretary will make the final decision on granting the application and
on adding the test standards listed above to the NRTL Program's List of
Appropriate Test Standards. In making these decisions, the Assistant
Secretary may undertake other proceedings prescribed in Appendix A to
29 CFR 1910.7.
OSHA will publish a public notice of its final decision in the
Federal Register.
VI. Authority and Signature
Douglas L. Parker, 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. 8-2020 (85 FR 58393, Sept.
18, 2020), and 29 CFR 1910.7.
Signed at Washington, DC, on January 14, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-01453 Filed 1-25-22; 8:45 am]
BILLING CODE 4510-26-P
