[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Pages 59555-59557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20877]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0009]


DEKRA Certification Inc.: Grant 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 grant 
recognition to DEKRA Certification, Inc., as a Nationally Recognized 
Testing Laboratory (NRTL). Additionally, OSHA announces the final 
decision to add two additional test standards to the NRTL Program's 
List of Appropriate Test Standards.

DATES: Recognition as a NRTL becomes effective on September 22, 2020.

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) 693-2110; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Many of OSHA's workplace standards require that a NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, the NRTLs must meet 
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capabilities to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition and is not a delegation or grant of 
government authority. Recognition of a NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides the preliminary finding, and solicits comments on the 
preliminary findings. In the second notice, the agency provides the 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of Final Decision

    OSHA hereby gives notice of the agency's decision to grant 
recognition to DEKRA Certification, Inc., (DEKRA) as a NRTL. According 
to the public information (see https://www.dekra-product-safety.com/en/about-dekra), DEKRA states that it is an internationally accredited 
testing laboratory. In the application, DEKRA lists the current address 
of the headquarters as: DEKRA Certification, Inc., 405 Glenn Drive, 
Suite 12, Sterling, Virginia 20164.
    Each NRTL's scope of recognition has two elements: (1) The type of 
products the NRTL may test, with each type specified by the applicable 
test standard; and (2) the recognized site(s)

[[Page 59556]]

that have the technical capability to perform the product-testing and 
product-certification activities for the applicable test standards 
within the NRTL's scope of recognition. DEKRA applied on December 8, 
2016, for one recognized site (OSHA-2019-0009-0002). This application 
was amended on October 4, 2018, to add a new site as the company 
headquarters and requesting five supplemental programs within the scope 
of recognition (OSHA-2019-0009-0003). This application was amended 
again on October 8, 2019, to request thirty-four test standards be 
included within the scope of recognition. On October 1, 2019, OSHA 
published an update to the NRTL Program Policies, Procedures and 
Guidelines Directive, CPL-01-004, which eliminates supplemental 
programs from the NRTL Program. With this update, OSHA will no longer 
recognize NRTL applicants for supplemental programs. OSHA published the 
preliminary notice announcing DEKRA's application for recognition in 
the Federal Register on March 24, 2020 (85 FR 16673). The agency 
requested comments by April 23, 2020, but it received no comments in 
response to this notice. OSHA now is proceeding with this final notice 
to grant recognition to DEKRA as a NRTL.
    To obtain or review copies of all public documents pertaining to 
DEKRA's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW, Room N-3647, Washington, DC 
20210. Docket No. OSHA-2019-0009 contains all materials in the record 
concerning DEKRA's recognition.

III. Final Decision and Order

    OSHA staff performed a detailed analysis of DEKRA's application 
packet and reviewed other pertinent information. OSHA staff also 
performed comprehensive on-site assessments of DEKRA's testing 
facilities, at DEKRA Arnhem, Netherlands on July 11-13, 2018, and DEKRA 
Sterling, Virginia on October 30, 2018. Based on the review of this 
evidence, OSHA finds that DEKRA meets the requirements of 29 CFR 1910.7 
for recognition as a NRTL, subject to the limitations and conditions 
listed below. OSHA, therefore is proceeding with this final notice to 
grant recognition to DEKRA as a NRTL. The following sections set forth 
the scope of recognition included in DEKRA's grant of recognition.

A. Standards Requested for Recognition

    OSHA limits DEKRA's scope of recognition to testing and 
certification of products for demonstration of conformance to the test 
standards listed in Table 1.

 Table 1--Appropriate Test Standards for Inclusion in DEKRA's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
AAMI 60601-1.................  Medical Electrical Equipment--Part 1:
                                General Requirements for Basic Safety
                                and Essential Performance.
UL 1012......................  Standard for Power Units Other Than Class
                                2.
UL 1059......................  Standard for Terminal Blocks.
UL 1203......................  Standard for Explosion-Proof and Dust-
                                Ignition-Proof Electrical Equipment for
                                Use in Hazardous (Classified) Locations.
UL 121201....................  Nonincendive Electrical Equipment for Use
                                in Class I and II, Division 2 and Class
                                III, Divisions 1 and 2 Hazardous
                                (Classified) Locations.
UL 1310......................  Standard for Class 2 Power Units.
UL 153.......................  Standard for Portable Electric
                                Luminaires.
UL 1598......................  Luminaires.
UL 1778......................  Uninterruptible Power Systems.
UL 2157......................  Electric Clothes Washing Machines and
                                Extractors.
UL 50........................  Enclosures for Electrical Equipment, Non-
                                Environmental Considerations.
UL 508A......................  Standard for Industrial Control Panels.
UL 60065.....................  Standard for Audio, Video and Similar
                                Electronic Apparatus--Safety
                                Requirements.
UL 60079-0...................  Standard for Explosive Atmospheres--Part
                                0: Equipment--General Requirements.
UL 60079-1...................  Standard for Explosive Atmospheres--Part
                                1: Equipment Protection by Flameproof
                                Enclosures ``d''.
UL 60079-2...................  Standard for Explosive Atmospheres--Part
                                2: Equipment Protection by Pressurized
                                Enclosure `p'.
UL 60079-7...................  Standard for Explosive Atmospheres--Part
                                7: Equipment Protection by Increased
                                Safety `e'.
UL 60079-11..................  Explosive Atmospheres--Part 11: Equipment
                                Protection by Intrinsic Safety ``i''.
UL 60079-15..................  Explosive Atmospheres--Part 15: Equipment
                                Protection by Type of Protection `n'.
UL 60079-18..................  Standard for Explosive Atmospheres--Part
                                18: Equipment Protection by
                                Encapsulation `m'.
UL 60079-26..................  Standard for Explosive Atmospheres--Part
                                26: Equipment with Equipment Protection
                                Level (EPL) Gas.
UL 60079-30-1................  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating--General and Testing
                                Requirements.
UL 60079-31..................  Explosive Atmospheres--Part 31: Equipment
                                Dust Ignition Protection by Enclosure
                                `t'.
UL 60730-1...................  Automatic Electrical Controls--Part 1:
                                General Requirements.
UL 60730-2-9.................  Standard for Automatic Electrical
                                Controls--Part 2-9: Particular
                                Requirements for Temperature Sensing
                                Controls.
UL 60950-1...................  Information Technology Equipment--Safety--
                                Part 1: General Requirements.
UL 60950-22..................  Information Technology Equipment--Safety--
                                Part 22: Equipment to be Installed
                                Outdoors.
UL 61010-1...................  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 1: General
                                Requirements.
UL 61058-1...................  Switches for Appliances--Part 1: General
                                Requirement.
UL 62368-1...................  Audio/video, Information and
                                Communication Technology Equipment--Part
                                1: Safety Requirements.
UL 858.......................  Standard for Household Electric Ranges.
UL 858A......................  Safety-Related Solid-State Controls For
                                Electric Ranges.
UL 8750......................  Standard for Light Emitting Diode (LED)
                                Equipment for Use in Lighting Products.
UL 913.......................  Standard for Intrinsically Safe Apparatus
                                and Associated Apparatus for Use in
                                Class I, II, III, Division 1, Hazardous
                                (Classified) Locations.
------------------------------------------------------------------------


[[Page 59557]]

B. Sites Requested for Recognition

    OSHA limits DEKRA's scope of recognition to include the two sites 
listed below:
    1. DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling, 
Virginia 20164; and
    2. DEKRA Certification B.V. Arnhem Meander 1051, 6825 MJ Arnhem, 
Gelderland, Netherlands.
    OSHA's recognition of these sites limits DEKRA to performing 
product testing and certifications only to the test standards for which 
the site has the proper capability and programs, and for the test 
standards in DEKRA's scope of recognition. This limitation is 
consistent with the recognition that OSHA grants to other NRTLs that 
operate multiple sites.

C. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
DEKRA also 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 the operations as a NRTL, and provide details of the 
change(s);
    2. DEKRA must meet all the terms of the 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.

IV. Final Decision To Add New Test Standards to the NRTL Program's List 
of Appropriate Test Standards

    In this notice, OSHA also announces the addition of two new test 
standards to the NRTL Program's List of Appropriate Test Standards. 
Table 2, below, lists the test standards that are new to the NRTL 
Program. OSHA has determined that these test standards are appropriate 
test standards and will include them in the NRTL Program's List of 
Appropriate Test Standards.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-30-1................  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating--General and Testing
                                Requirements.
UL 60730-1...................  Automatic Electrical Controls--Part 1:
                                General Requirements.
------------------------------------------------------------------------

    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants 
recognition to DEKRA as a NRTL, subject to these limitations and 
conditions specified above.

V. Authority and Signature

    Loren Sweatt, Principal 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. 1-2012 (77 FR 3912, 
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 16, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-20877 Filed 9-21-20; 8:45 am]
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