[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73874-73877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23734]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0025]
UL LLC: Applications 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.
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SUMMARY: In this notice, OSHA announces the applications 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 applications. Additionally, OSHA proposes to add thirteen
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 November 13, 2023.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
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-2009-0025).
OSHA will place comments, attachments and other information and
requests, including 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.
Extension of comment period: Submit requests for an extension of
the comment period on or before November 13, 2023 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) 693-1911 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 current recognition as a NRTL. UL requests the addition of thirty-
five test 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. 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 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 fifty-five 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 two applications, one dated December 24, 2021 (OSHA-
2009-0025-0053), and a second dated May 5, 2023 (OSHA-2009-0025-0054).
The first application was amended on July 19, 2022, to remove two
standards from the original request (OSHA-2009-0025-0055). In total,
the expansion applications, as amended, requested the addition of
thirty-seven test standards to the scope of recognition. OSHA has
determined that two of the standards included in the amended expansion
application, UL 80079-36 and 80079-37, are not appropriate test
standards and is therefore not proposing they be included for inclusion
in UL's NRTL Scope of Recognition or in the NRTL Program's List of
Appropriate Test Standards. This notice covers the expansion to include
the remaining thirty-five standards. OSHA staff performed a detailed
analysis of the application packets and other pertinent information.
OSHA did not perform any on-site reviews in relation to these
applications.
Table 1, below, lists the test standards found in UL's applications
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 62841-1................. Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 1: General
Requirements.
UL 62841-2-1............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Part 2-1: Particular
Requirements for Hand-Held Drills and
Impact Drills.
UL 62841-2-2............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 2-2: Particular
Requirements For Hand-Held Screwdrivers
and Impact Wrenches.
UL 62841-2-3 *............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 2-3: Particular
Requirements For Hand-Held Grinders, Disc-
Type Polishers And Disc-Type Sanders.
UL 62841-2-4............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 2-4: Particular
Requirements For Hand-Held Sanders And
Polishers Other.
UL 62841-2-5............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 2-5: Particular
Requirements for Hand-Held Circular Saws.
UL 62841-2-8............... Safety Requirements for Particular
Requirements for Hand-Held Shears and
Nibblers.
UL 62841-2-9............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn and Garden
Machinery--Safety--Part 2-9: Particular
Requirements for Hand-Held Tappers and
Threaders.
UL 62841-2-10.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Part 2-10: Particular
Requirements for Hand-Held Mixers.
UL 62841-2-11.............. Safety Requirements for Particular
Requirements for Hand-Held Reciprocating
Saws.
UL 62841-2-14.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn And Garden
Machinery--Safety--Part 2-14: Particular
Requirements for Hand-Held Planers.
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 62841-2-21.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Part 2-21: Particular
Requirements for Hand-Held Drain Cleaners.
UL 62841-3-1............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-1: Particular
Requirements For Transportable Table Saws.
UL 62841-3-4............... Safety Requirements for Particular
Requirements for Transportable Bench
Grinders.
UL 62841-3-6............... Safety Requirements for Particular
Requirements for Transportable Diamond
Drills with Liquid System.
UL 62841-3-7 *............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 3-7: Particular
Requirements for Transportable Wall Saws.
UL 62841-3-9............... Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-9: Particular
Requirements for Transportable Mitre Saws.
UL 62841-3-10.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-10: Particular
Requirements for Transportable Cut-Off
Machines.
UL 62841-3-12 *............ Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-12: Particular
Requirements for Transportable Threading
Machines.
UL 62841-3-13.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Part 3-13: Particular
Requirements for Transportable Drills.
UL 62841-3-14 *............ Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 3-14: Particular
Requirements for Transportable Drain
Cleaners.
UL 62841-3-1000 *.......... Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 3-1000: Particular
Requirements For Transportable Laser
Engravers.
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.
UL 62841-4-4 *............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 4-4: Particular
Requirements For Lawn Trimmers, Lawn Edge
Trimmers, Grass Trimmers, Brush Cutters
And Brush Saws.
UL 62841-4-1000 *.......... Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 4-1000: Particular
Requirements For Utility Machines.
UL 60745-2-23.............. Hand-Held Motor-Operated Electric Tools--
Safety--Part 2-23: Particular Requirements
for Die Grinders and Small Rotary Tools.
UL 60079-33 *.............. Explosive Atmospheres--Part 33: Equipment
Protection by Special Protection ``s''.
UL 2610 *.................. Commercial Premises Security Alarm Units
and Systems.
UL 428A *.................. Electrically Operated Valves for Gasoline
and Gasoline/Ethanol Blends with Nominal
Ethanol Concentrations Up to 85 Percent
(E0-E85).
UL 428B *.................. Electrically Operated Valves for Diesel
Fuel, Biodiesel Fuel, Diesel/Biodiesel
Blends with Nominal Biodiesel
Concentrations Up To 20 Percent (B20),
Kerosene, and Fuel Oil.
UL 3100 *.................. ANSI/CAN/UL Automated Mobile Platforms
(AMPs).
UL 2743.................... Standard for Portable Power Packs.
UL 8400 *.................. Virtual Reality, Augmented Reality and
Mixed Reality Technology Equipment.
------------------------------------------------------------------------
* In this notice, OSHA also proposes to add these test standards 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; and (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
it covers a type of product that no standard previously covered.
In this notice, OSHA proposes to add thirteen 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 62841-2-3................. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 2-3: Particular
Requirements For Hand-Held Grinders,
Disc-Type Polishers And Disc-Type
Sanders.
UL 62841-3-7................. Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-7: Particular
Requirements for Transportable Wall
Saws.
UL 62841-3-12................ Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-12: Particular
Requirements for Transportable Threading
Machines.
UL 62841-3-14................ Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-14: Particular
Requirements for Transportable Drain
Cleaners.
UL 62841-3-1000.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 3-1000:
Particular Requirements For
Transportable Laser Engravers.
UL 62841-4-1000.............. Electric Motor-Operated Hand-Held Tools,
Transportable Tools and Lawn and Garden
Machinery--Safety--Part 4-1000:
Particular Requirements For Utility
Machines.
UL 62841-4-4................. Electric Motor-Operated Hand-Held Tools,
Transportable Tools And Lawn And Garden
Machinery--Safety--Part 4-4: Particular
Requirements for Lawn Trimmers, Lawn
Edge Timmers, Grass Trimmers, Brush
Cutters And Brush Saws.
UL 60079-33.................. Explosive Atmospheres--Part 33: Equipment
Protection by Special Protection ``s''.
UL 2610...................... Commercial Premises Security Alarm Units
and Systems.
UL 428A...................... Electrically Operated Vales for Gasoline
and Gasoline/Ethanol Blends with Nominal
Ethanol Concentrations Up to 85 Percent
(E0-E85).
UL 428B...................... Electrically Operated Valves for Diesel
Fuel, Biodiesel Fuel, Diesel/Biodiesel
Blends with Nominal Biodiesel
Concentrations Up To 20 Percent (B20),
Kerosene, and Fuel Oil.
UL 3100...................... ANSI/CAN/UL Automated Mobile Platforms
(AMPs).
UL 8400...................... Virtual Reality, Augmented Reality and
Mixed Reality Technology Equipment.
------------------------------------------------------------------------
IV. Preliminary Findings on the Applications
UL submitted acceptable applications for expansion of the scope of
recognition. OSHA's review of the application files and related
material preliminarily indicates 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 applications.
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 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. These materials also are generally available online at http://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 applications 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 applications 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
James S. Frederick, 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. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.
Signed at Washington, DC, on October 20, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-23734 Filed 10-26-23; 8:45 am]
BILLING CODE 4510-26-P
