UL LLC: Applications for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards, 73874-73877 [2023-23734]

Download as PDF 73874 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Notices 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 Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: 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: https:// 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 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–2009–0025). OSHA will place comments, attachments and other information and requests, including personal information, in the public docket without revision, and these ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:44 Oct 26, 2023 Jkt 262001 materials will be available online at https://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 productcertification 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 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/. 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. E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Notices 73875 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. 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. 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. 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. 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. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Safety—Part 2–5: Particular Requirements for Hand-Held Circular Saws. Safety Requirements for Particular Requirements for Hand-Held Shears and Nibblers. 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. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–10: Particular Requirements for Hand-Held Mixers. Safety Requirements for Particular Requirements for Hand-Held Reciprocating Saws. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn And Garden Machinery—Safety—Part 2–14: Particular Requirements for Hand-Held Planers. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 2–17: Particular Requirements for Hand-Held Routers. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–21: Particular Requirements for Hand-Held Drain Cleaners. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–1: Particular Requirements For Transportable Table Saws. Safety Requirements for Particular Requirements for Transportable Bench Grinders. Safety Requirements for Particular Requirements for Transportable Diamond Drills with Liquid System. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Safety—Part 3–7: Particular Requirements for Transportable Wall Saws. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–9: Particular Requirements for Transportable Mitre Saws. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–10: Particular Requirements for Transportable Cut-Off Machines. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–12: Particular Requirements for Transportable Threading Machines. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 3–13: Particular Requirements for Transportable Drills. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Safety—Part 3–14: Particular Requirements for Transportable Drain Cleaners. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Safety—Part 3–1000: Particular Requirements For Transportable Laser Engravers. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn And Garden Machinery-Safety-Part 4–1: Particular Requirements for Chain Saws. Standard for Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn And Garden Machinery—Safety— Part 4–2: Particular Requirements for Hedge Trimmers. 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. Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Safety—Part 4–1000: Particular Requirements For Utility Machines. Hand-Held Motor-Operated Electric Tools—Safety—Part 2–23: Particular Requirements for Die Grinders and Small Rotary Tools. Explosive Atmospheres—Part 33: Equipment Protection by Special Protection ‘‘s’’. Commercial Premises Security Alarm Units and Systems. Electrically Operated Valves for Gasoline and Gasoline/Ethanol Blends with Nominal Ethanol Concentrations Up to 85 Percent (E0–E85). Electrically Operated Valves for Diesel Fuel, Biodiesel Fuel, Diesel/Biodiesel Blends with Nominal Biodiesel Concentrations Up To 20 Percent (B20), Kerosene, and Fuel Oil. ANSI/CAN/UL Automated Mobile Platforms (AMPs). Standard for Portable Power Packs. Virtual Reality, Augmented Reality and Mixed Reality Technology Equipment. UL 62841–2–1 ....... UL 62841–2–2 ....... UL 62841–2–3 * ..... UL 62841–2–4 ....... UL 62841–2–5 ....... UL 62841–2–8 ....... UL 62841–2–9 ....... UL 62841–2–10 ..... UL 62841–2–11 ..... UL 62841–2–14 ..... UL 62841–2–17 ..... UL 62841–2–21 ..... UL 62841–3–1 ....... UL 62841–3–4 ....... UL 62841–3–6 ....... UL 62841–3–7 * ..... UL 62841–3–9 ....... UL 62841–3–10 ..... UL 62841–3–12 * ... UL 62841–3–13 ..... UL 62841–3–14 * ... UL 62841–3–1000 * UL 62841–4–1 ....... UL 62841–4–2 ....... UL 62841–4–4 * ..... UL 62841–4–1000 * UL 60745–2–23 ..... UL 60079–33 * ....... UL 2610 * ............... UL 428A * ............... UL 428B * ............... ddrumheller on DSK120RN23PROD with NOTICES1 UL 3100 * ............... UL 2743 ................. UL 8400 * ............... * 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 VerDate Sep<11>2014 17:44 Oct 26, 2023 Jkt 262001 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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). E:\FR\FM\27OCN1.SGM 27OCN1 73876 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Notices 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. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–7: Particular Requirements for Transportable Wall Saws. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–12: Particular Requirements for Transportable Threading Machines. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–14: Particular Requirements for Transportable Drain Cleaners. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 3–1000: Particular Requirements For Transportable Laser Engravers. Electric Motor-Operated Hand-Held Tools, Transportable Tools and Lawn and Garden Machinery—Safety—Part 4–1000: Particular Requirements For Utility Machines. 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. Explosive Atmospheres—Part 33: Equipment Protection by Special Protection ‘‘s’’. Commercial Premises Security Alarm Units and Systems. Electrically Operated Vales for Gasoline and Gasoline/Ethanol Blends with Nominal Ethanol Concentrations Up to 85 Percent (E0–E85). Electrically Operated Valves for Diesel Fuel, Biodiesel Fuel, Diesel/Biodiesel Blends with Nominal Biodiesel Concentrations Up To 20 Percent (B20), Kerosene, and Fuel Oil. ANSI/CAN/UL Automated Mobile Platforms (AMPs). Virtual Reality, Augmented Reality and Mixed Reality Technology Equipment. UL 62841–3–7 ...................... UL 62841–3–12 .................... UL 62841–3–14 .................... UL 62841–3–1000 ................ UL 62841–4–1000 ................ UL 62841–4–4 ...................... UL 60079–33 ........................ UL 2610 ................................ UL 428A ............................... UL 428B ............................... UL 3100 ................................ UL 8400 ................................ 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. ddrumheller on DSK120RN23PROD with NOTICES1 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. VerDate Sep<11>2014 17:44 Oct 26, 2023 Jkt 262001 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 applications for expansion of its scope PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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. E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Notices 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 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2010–0050] The Anhydrous Ammonia Storage and Handling Standard; Revision of the Office of Management and Budget (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to the revision the Office of Management and Budget’s (OMB) approval for the information collection requirements specified in the Anhydrous Ammonia Storage and Handling Standard. DATES: Comments must be submitted (postmarked, sent, or received) by December 26, 2023. ADDRESSES: 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 OSHA docket number OSHA–2010–0050 for the Information Collection Request (ICR). OSHA will place all comments, including any personal information, in the public docket, which may be made available online. Therefore, OSHA cautions interested parties about ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:44 Oct 26, 2023 Jkt 262001 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. FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of the continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, the collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of effort in obtaining information (29 U.S.C. 657). The Anhydrous Ammonia Storage and Handling Standard (29 CFR 1910.111) specifies a number of paperwork requirements. The following is a brief description of the collection of information requirements contained in the standard. Paragraph (b)(3) of the Standard specifies that systems have nameplates if required, and that these nameplates ‘‘be permanently attached to the system (as specified by paragraph (b)(3)(ii)(j)) so as to be readily accessible for inspection. . . .’’ In addition, this paragraph requires that markings on containers and systems covered by paragraphs (c) (‘‘Systems utilizing stationary, non-refrigerated storage containers’’), (f) (‘‘Tank motor vehicles for the transportation of ammonia’’), (g) PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 73877 (‘‘Systems mounted on farm vehicles other than for the application of ammonia’’), and (h) (‘‘Systems mounted on farm vehicles for the application of ammonia’’) provide information regarding nine specific characteristics of the containers and systems. Similarly, paragraph (b)(4) of the Standard specifies that refrigerated containers be marked with a nameplate on the outer covering in an accessible place that provides information regarding eight specific characteristics of the container. The required markings ensure that employers use only properly designed and tested containers and systems to store anhydrous ammonia, thereby preventing accidental release of, and exposure of workers to, this highly toxic and corrosive substance. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the agency’s functions to protect workers, including whether the information is useful; • The accuracy of OSHA’s estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection, and transmission techniques. III. Proposed Actions OSHA is requesting that OMB approves the revision of the collection of information (paperwork) requirements contained in the Anhydrous Ammonia Storage and Handling Standard. There is a change of six burden hours (336 to 342) for documentation by a professional engineer for the safety of the equipment being used in this ICR request. Type of Review: Revision of a currently approved collection. Title: Anhydrous Ammonia Storage and Handling Standard. OMB Number: 1218–0208. Affected Public: Business or other forprofit; farms. Number of Respondents: 207,100. Number of Responses: 2,059. Frequency of Response: On occasion. Average Time per Response: Varies. Estimated Total Burden Hours: 342. Estimated Cost (Operation and Maintenance): $0. E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[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]



[[Page 73874]]

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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.

-----------------------------------------------------------------------

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: https://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 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-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 https://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: [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, phone: 
(202) 693-1911 or email: [email protected].

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/.
    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.

[[Page 73875]]



  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).

[[Page 73876]]

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 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 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.


[[Page 73877]]


    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


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