UL LLC: Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards | Occupational Safety and Health Administration

Publication Date:

02/09/2024
Publication Type:

Notice
Fed Register #:
89:9179-9181
Standard Number:

1910.7
Title:
UL LLC: Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards

Abstract:

[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9179-9181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02629]

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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.

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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 26, 2024.

ADDRESSES: Submit comments by any of the following methods:
Electronically: Submit comments and attachments electronically at
https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office.
All documents in the docket (including this Federal Register notice)
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 (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.
Extension of comment period: Submit requests for an extension of
the comment period on or before February 26, 2024 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, 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 three
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 an application, dated July 26, 2022 (OSHA-2009-0025-
0059), to expand recognition to include three additional test
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 6420...................... Equipment Use for System Isolation and
Rated as a Single Unit.
UL 6200 *.................... Controllers for Use in Power Production.
UL 62091 *................... Low-Voltage Switchgear and Controlgear--
Controllers for Drivers of Stationary
Fire Pump.
------------------------------------------------------------------------
* 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 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 6200...................... Controllers for Use in Power Production.
UL 62091..................... Low-Voltage Switchgear and Controlgear--
Controllers for Drivers of Stationary
Fire Pump.
------------------------------------------------------------------------

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 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 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 standard listed above is an appropriate test
standard 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 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

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 February 2, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-02629 Filed 2-8-24; 8:45 am]
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