[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60654-60658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23893]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0012]


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 announces the final decision to: (1) Add 
seven new test standards to the Nationally Recognized Testing 
Laboratories (NRTL) Program's list of appropriate test standards; (2) 
delete or replace several test standards from the NRTL Program's list 
of appropriate test standards; and (3) update the scope of recognition 
of several NRTLs.

DATES: The actions contained in this notice will become effective on 
November 3, 2021.

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; 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; telephone: (202) 693-2110 or email: 
[email protected]. OSHA's web page includes information about the 
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

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 38 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 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

[[Page 60655]]

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 a standards development organization is no longer 
considered an appropriate test standard (CPL 01-00-004, NRTL Program 
Policies, Procedures and Guidelines Directive, Chapter 2, IX). 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. 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.
    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. 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.

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 Program's 
List of Appropriate Test Standards based on an internal review in which 
NRTL Program staff review the NRTL Program's 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)). As stated above, a test standard must specify the 
safety requirements for a specific type of product(s). 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 would also not be considered an appropriate 
test standard (NRTL Program Policies, Procedures and Guidelines 
Directive, CPL-01-00-004, Chapter 2, Section VIII, B). 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 Policies, Procedures 
and Guidelines Directive, CPL-01-00-004, Chapter 2, Section VIII, B). 
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. Testing such 
components alone would not indicate that the end-use products 
containing the components are safe for use. 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 deleting 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 the NRTL appropriately addresses that product's components.

D. Modification to the List of Appropriate NRTL Program Test Standards 
and the Scope of Recognition of Several NRTLs

    OSHA published a Federal Register notice announcing the proposal to 
modify the NRTL Program's List of Appropriate Test Standards and the 
Scope of Recognition for Several NRTLs on August 16, 2021 (86 FR 
45755). OSHA requested comments by August 31, 2021. However, OSHA 
received no comments in response to this notice. OSHA is now proceeding 
with this final notice to update the NRTL Program's List of Appropriate 
Test Standards and the Scope of Recognition for Several NRTLs.
    In this notice, OSHA announces the final decision to remove certain 
test standards (i.e., those listed in Table 2, below) from the scope of 
recognition of several NRTLs and to add to the scope of recognition of 
some of these NRTLs a replacement test standard, as applicable (Table 
1). The tables in this section (Table 3 through Table 7) list, for each 
affected NRTL, the test standard(s) that OSHA is removing from the 
scope of recognition of the NRTL, along with the replacement test 
standard (as applicable).

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

    In this notice, OSHA announces the final decision to add seven test 
standards to the NRTL Program's list of appropriate test standards. The 
standards OSHA is adding to the NRTL Program's list of appropriate test 
standards are indicated below in Table 1:

[[Page 60656]]



  Table 1--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
        Test standard to be added               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.
------------------------------------------------------------------------

III. Final Decision To Remove Test Standards From the NRTL Program's 
List of Appropriate Test Standards

    In this notice, OSHA announces the final decision to delete eight 
withdrawn and deleted test standards from the NRTL Program's List of 
Appropriate Test Standards. OSHA also incorporates into the NRTL 
Program's List of Appropriate Test Standards a replacement test 
standard for one of the withdrawn and deleted test standards (UL 
61010A-2-042) as indicated below in Table 2:

       Table 2--Test Standards OSHA Is Removing From the NRTL Program's List of Appropriate Test Standards
----------------------------------------------------------------------------------------------------------------
       Deleted test standard            Test standard title       Reason for deletion    Replacement 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.
----------------------------------------------------------------------------------------------------------------

IV. Final Decision To Modify Affected NRTLs' Scopes of Recognition

    In this notice, OSHA also announces the final decision to update 
the scopes of recognition of several NRTLs. The tables in this section 
(Table 3 through Table 7) list, for each affected NRTL, the test 
standard(s) that OSHA will delete from the scope of recognition and, 
when applicable, the test standard that OSHA will incorporate into the 
scope of recognition to replace one of the withdrawn (and deleted) test 
standards.

[[Page 60657]]



     Table 3--Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of CSA Group Testing &
                                               Certification Inc.
----------------------------------------------------------------------------------------------------------------
    Test standard to be removed        Reason for removal       Replacement 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.
UL 61010A-2-042....................  Withdrawn and          UL 61010-1 (no direct replacement).
                                      replaced.
----------------------------------------------------------------------------------------------------------------


  Table 4--Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Intertek Testing Services
                                                    NA, Inc.
----------------------------------------------------------------------------------------------------------------
    Test standard to be removed        Reason for removal       Replacement 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.
UL 61010A-2-042....................  Withdrawn and          UL 61010-1 (no direct replacement).
                                      replaced.
----------------------------------------------------------------------------------------------------------------


  Table 5--Test Standard OSHA Is Removing From the Scope of Recognition of TUV Rheinland of North America, Inc.
----------------------------------------------------------------------------------------------------------------
    Test standard to be removed        Reason for removal       Replacement 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.
----------------------------------------------------------------------------------------------------------------


         Table 6--Test Standard OSHA Is Removing From the Scope of Recognition of TUV SUD America, Inc.
----------------------------------------------------------------------------------------------------------------
    Test standard to be removed        Reason for removal       Replacement test 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 7--Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of UL LLC
----------------------------------------------------------------------------------------------------------------
    Test standard to be removed        Reason for removal       Replacement 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          UL 61010-1 (no direct replacement).
                                      replaced.
----------------------------------------------------------------------------------------------------------------


[[Page 60658]]

    OSHA will place on its informational web pages the modifications to 
each NRTL's scope of recognition. These web pages detail the scope of 
recognition for each NRTL, including the test standards the NRTL may 
use to test and certify products under OSHA's NRTL Program. OSHA also 
will add to the list of ``Appropriate Test Standards'' web page, those 
test standards added to the NRTL Program's List of Appropriate Test 
Standards. The agency will add to the ``Standards No Longer 
Recognized'' web page those test standards that OSHA no longer 
recognizes or permits under the NRTL Program. Access to these web pages 
is available at http://www.osha.gov/dts/otpca/nrtl/index.html.

V. Authority and Signature

    James S. Frederick, Acting 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, 
September 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 27, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-23893 Filed 11-2-21; 8:45 am]
BILLING CODE 4510-26-P