Proposed Modification to the List of Appropriate NRTL Program Test Standards and the Scope of Recognition of Several NRTLs, 45755-45759 [2021-17436]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[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 https://www.regulations.gov. Documents in the docket are 
listed in the https://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: [email protected].
    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: [email protected].

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

[[Page 45756]]

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.

[[Page 45757]]



   Table 1--Test Standards OSHA Is Proposing To Remove from NRTL Program's List of Appropriate Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                                           Proposed replacement
   Proposed deleted test standard       Test standard title       Reason for deletion          standard(s)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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.
------------------------------------------------------------------------
                                                            Proposed
 Proposed test standard to be     Reason for proposed      replacement
            removed                     removal         test standard(s)
                                                         (if applicable)
------------------------------------------------------------------------
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.

[[Page 45758]]

 
UL 61010A-2-042...............  Withdrawn and replaced  UL 61010-1 (no
                                                         direct
                                                         replacement).
------------------------------------------------------------------------


Table 3--Test Standards OSHA Proposes To Remove From/Add to the Scope of
            Recognition of Intertek Testing Services NA, Inc.
------------------------------------------------------------------------
                                                            Proposed
 Proposed test standard to be     Reason for proposed   replacement test
            removed                     removal          standard(s) (if
                                                           applicable)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
                                                            Proposed
 Proposed test standard to be     Reason for proposed   replacement test
            removed                     removal          standard(s) (if
                                                           applicable)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
                                                            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
------------------------------------------------------------------------
                                                            Proposed
 Proposed test standard to be     Reason for proposed      replacement
            removed                     removal         test standard(s)
                                                         (if applicable)
------------------------------------------------------------------------
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).
------------------------------------------------------------------------


[[Page 45759]]

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
------------------------------------------------------------------------
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 https://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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