[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30396-30398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08599]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0009]
DEKRA Certification Inc.: Grant of Expansion of Recognition and
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 final decision to expand
the scope of recognition of DEKRA Certification Inc., (DEKRA) as a
Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA
announces the final decision to add one test standard to the NRTL List
of Appropriate Test Standards.
DATES: The expansion of the scope of recognition becomes effective on
April 23, 2024.
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
or 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) 693-1911 or email robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Final Decision
OSHA hereby gives notice of the expansion of the scope of
recognition of DEKRA Certification Inc., (DEKRA) as a
NRTL. DEKRA's expansion covers 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 DEKRA, 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.
DEKRA submitted an application on December 24, 2021 (OSHA-2019-
0009-0004), which requested the addition of twenty-two standards to the
scope of recognition. DEKRA submitted an amended application, dated
June 21, 2023 (OSHA-2019-0009-0003), which requested that OSHA consider
three of the twenty-two standards separately. OSHA then moved forward
with consideration only of the three standards requested in the June
21, 2023, amended application; it is still evaluating the initial
application and will announce the preliminary decision on the remaining
nineteen standards in a separate notice. OSHA staff performed a
detailed analysis of the application packet for the three standards
covered by the June 21, 2023, amended application, and other pertinent
information. OSHA staff performed an on-site assessment of DEKRA's
Netherlands facility on June 5-7, 2023, in which OSHA assessors found
some nonconformances with the requirements of 29 CFR 1910.7. DEKRA has
addressed these issues sufficiently, and OSHA staff preliminarily
determined that OSHA should grant the June 21, 2023, amended
application.
OSHA published the preliminary notice announcing DEKRA's expansion
application in the Federal Register on March 1, 2024 (89 FR 15223). The
agency requested comments by March 18, 2024, but it received no
comments in response to this notice.
To obtain or review copies of all public documents pertaining to
the DEKRA application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2019-0009 contains all materials
in the record concerning DEKRA's recognition. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
II. Final Decision and Order
OSHA staff examined DEKRA's expansion application, its capability
to meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that
DEKRA meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitations and conditions listed in this
notice. OSHA, therefore, is proceeding with this final notice to grant
DEKRA's expanded scope of recognition. OSHA limits the expansion of
DEKRA's recognition to testing and certification of products for
demonstration of conformance to the test standards listed below in
table 1.
Table 1--Test Standards for Inclusion in DEKRA's NRTL Scope of
Recognition
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Test standard Test standard title
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UL 2202............................... DC Charging Equipment for
Electric Vehicles.
UL 2251 *............................. Plugs, Receptacles, and Couplers
for Electric Vehicles.
UL 2594............................... Electric Vehicle Supply
Equipment.
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* Represents the standard that OSHA will add to the NRTL Program's List
of Appropriate Test Standards.
In this notice, OSHA also announces the final decision to add one
new test standard to the NRTL Program's List of Appropriate Test
Standards. Table 2 below lists the standard that is new to the NRTL
Program. OSHA has determined that this test standard is an appropriate
test standard and will add it to the NRTL Program's List of Appropriate
Test Standards.
Table 2--Standard OSHA Will Add to the NRTL Program's List of
Appropriate Test Standards
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Test standard Test standard title
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UL 2251............................... Plugs, Receptacles, and Couplers
for Electric Vehicles.
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The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 01-00-004, Chapter
2, Section VIII), any NRTL recognized for a particular test standard
may use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.
A. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
DEKRA must abide by the following conditions of the recognition:
1. DEKRA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
2. DEKRA must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. DEKRA must continue to meet the requirements for recognition,
including all previously published conditions on DEKRA's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of DEKRA as a NRTL, subject to the limitations and
conditions specified above. OSHA also adds one test standard to the
NRTL Program's List of Appropriate Test Standards.
III. 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 April 16, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-08599 Filed 4-22-24; 8:45 am]
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