[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60299-60301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23690]



[[Page 60299]]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]


SGS North America, Inc.: Application for Expansion of Recognition 
and Proposed Modification to the NRTL Program's List of Appropriate 
Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of SGS North 
America, Inc., for expansion of recognition as a Nationally Recognized 
Testing Laboratory (NRTL) and presents the agency's preliminary finding 
to grant the application. Additionally, OSHA proposes to add four 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 16, 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 http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2006-0040). 
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 http://www.regulations.gov. Therefore, the agency cautions commenters about 
submitting statements they do not want made available to the public, or 
submitting comments that contain personal information (either about 
themselves or others) such as Social Security numbers, birth dates, and 
medical data. 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 November 16, 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, 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) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that SGS North America, Inc. (SGS) is applying for an expansion 
of the current recognition as a NRTL. SGS requests the addition of 
nineteen test standards to its 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 SGS, which details that NRTL's scope of 
recognition. These pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    SGS currently has nine facilities (sites) recognized by OSHA for 
product testing and certification, with the headquarters located at: 
SGS North America, Inc., 620 Old Peachtree Road, Suwanee, Georgia 
30024. A complete list of SGS's scope of recognition is available at 
https://www.osha.gov/dts/otpca/nrtl/sgs.html.

II. General Background on the Application

    SGS submitted an application to OSHA to expand recognition as a 
NRTL to include twenty additional test standards on June 5, 2020 (OSHA-
2006-0040-0067). This application was amended on June 8, 2021, to 
remove one standard from the original application. OSHA staff performed 
a detailed analysis of the application packet and reviewed other 
pertinent information. OSHA did not perform any on-site reviews in 
relation to this application. OSHA has determined that one of the 
standards requested in the application, UL 4200A, Standard for Products 
Incorporating Button or Coin Cell Batteries of Lithium Technologies 
does not meet the appropriate test standard requirements in 29 CFR 
1910.7(c) and will not consider this standard in SGS's expansion 
application. UL 4200A does not specify the safety requirements for 
specific equipment or class of equipment as required by the regulation. 
OSHA will consider the expansion application for the remaining eighteen 
standards.
    Table 1 lists the eighteen test standards in SGS's amended 
expansion application that OSHA has determined are appropriate.

[[Page 60300]]



  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     SGS's NRTL Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 50........................  Enclosures for Electrical Equipment.
UL 458.......................  Power Converters/Inverters and Power
                                Converter/Inverter Systems for Land
                                Vehicles and Marine Crafts.
UL 1973......................  Standard for Batteries for Use in
                                Stationary, Vehicle Auxillary Power and
                                Light Electric Rail (LER) Applications.
UL 2054......................  Standard for Household and Commercial
                                Batteries.
UL 2097......................  Reference Standard for Double Insulation
                                Systems for Use in Electronic Equipment.
UL 2271......................  Standard for Batteries for Use in Light
                                Electric Vehicles (LEV) Applications.
UL 2272 *....................  Standard for Electrical Systems for
                                Personal E-Mobility Devices.
UL 2738......................  Standard for Induction Power Transmitters
                                and Receivers for Use with Low Energy
                                Products.
UL 2743 *....................  Standard for Portable Power Packs.
UL 8139 *....................  Electrical Systems of Electronic
                                Cigarettes and Vaping Devices.
UL 1090......................  Electric Snow Movers.
UL 1447......................  Electric Lawn Mowers.
UL 61010-2-040...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-040: Particular
                                Requirements for Sterilizers and Washer-
                                Disinfectors Used to Treat Medical
                                Materials.
UL 61010-2-081...............  Standard for Safety Requirements for
                                Electrical Equipment for Measurement,
                                Control, and Laboratory Use--Part 2-081:
                                Particular Requirements for Automatic
                                and Semi-Automatic Laboratory Equipment
                                for Analysis and Other Purposes.
UL 61010-2-091...............  Standard for Safety Requirements for
                                Electrical Equipment for Measurement,
                                Control, and Laboratory Use--Part 2-091:
                                Particular Requirements for Cabinet X-
                                Ray Systems.
UL 61010-2-101...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-101: Particular
                                Requirements for In Vitro Diagnostic
                                (IVD) Medical Equipment.
UL 61010-2-201...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-201: Particular
                                Requirements for Control Equipment.
UL 2849 *....................  Standard for Electrical Systems for
                                eBikes.
------------------------------------------------------------------------
* Represents a standard OSHA proposes to add 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 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 Standards Development Organizations; (2) reviewing 
applications by NRTLs or applicants seeking recognition to include new 
test standard 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 four new test standards to the 
NRTL Program's list of appropriate test standards. Table 2, below, 
lists these 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 2272......................  Standard for Electrical Systems and
                                Personal E-Mobility Devices.
UL 2743......................  Standard for Portable Power Packs.
UL 8139......................  Electrical Systems of Electronic
                                Cigarettes and Vaping Devices.
UL 2849......................  Standard for Electrical Systems for
                                eBikes.
------------------------------------------------------------------------

IV. Preliminary Findings

    SGS submitted an acceptable application for expansion of the scope 
of recognition. OSHA's review of the application file and pertinent 
documentation preliminarily indicates that SGS can meet the 
requirements prescribed by 29 CFR 1910.7 for expanding its recognition 
to include the addition of the eighteen test standards listed in Table 
1, above, for NRTL testing and certification. This preliminary finding 
does not constitute an interim or temporary approval of SGS's 
application.
    OSHA has also preliminarily determined that the four test standards 
listed in Table 2, above, are appropriate test standard and that these 
test standards should be added to the NRTL Program's List of 
Appropriate Test Standards.
    OSHA seeks public comment on these preliminary determinations.

V. Public Participation

    OSHA welcomes public comment as to whether SGS meets the 
requirements of 29 CFR 1910.7 for expansion of the recognition as a 
NRTL and whether the test standards listed in Table 2, above, are 
appropriate test standard that should be included in the NRTL Program's 
List of Appropriate Test Standards. Comments should consist of 
pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in

[[Page 60301]]

writing, stating the reasons for the request. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if the request 
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 http://www.regulations.gov under Docket No. OSHA-2006-0040 (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, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health whether to grant SGS's application for 
expansion of the scope of recognition and to add the test standards 
listed in Table 2, above, to the NRTL Program's List of Appropriate 
Test Standards. The Assistant Secretary will make the final decision on 
granting the application and on adding the test standards listed in 
Table 2, 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 the final decision in the 
Federal Register.

VI. 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 29 U.S.C. 657(g)(2), 
Secretary of Labor's Order No. 8-2020 (85 FR 58393, September 18, 2020) 
and 29 CFR 1910.7.

    Signed at Washington, DC, on October 25, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-23690 Filed 10-29-21; 8:45 am]
BILLING CODE 4510-26-P