[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 4053-4055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01453]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


UL LLC: 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.

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SUMMARY: In this notice, OSHA announces the application 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 application. Additionally, OSHA proposes to add two 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 February 10, 2022.

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 submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the above address. All 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 at 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 (OSHA-2009-0025). OSHA places comments and other 
materials, including any 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 February 10, 2022 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

[[Page 4054]]

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

    OSHA is providing notice that UL LLC (UL) is applying to expand the 
scope of its current recognition as a NRTL. UL requests the addition of 
eleven test standards to its NRTL scope of recognition.
    OSHA's 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 the 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/index.html. UL currently 
has thirteen 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 an application, dated May 23, 2019, to expand 
recognition to include twelve additional test standards (OSHA-2009-
0025-0038). This application was amended on November 11, 2021 to remove 
one standard from the original request (OSHA-2009-0025-0039). The 
expansion, if approved, will cover the remaining eleven standards. OSHA 
staff performed a detailed analysis of the application packet and other 
pertinent information. OSHA did not perform any on-site reviews in 
relation to this application.
    Table 1, below, lists the test standards found in UL's application 
for expansion for testing and certification of products under the NRTL 
Program.

  Table 1--Proposed Test Standards for Inclusion in UL's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
        Test Standard                     Test Standard title
------------------------------------------------------------------------
UL 122701 *..................  Requirements for Process Sealing Between
                                Electrical Systems and Flammable or
                                Combustible Process Fluids.
UL 248-19 *..................  Standard for Low-Voltage Fuses--Part 19:
                                Photovoltaic Fuses.
UL 8139......................  Electrical Systems of Electronic
                                Cigarettes and Vaping Devices.
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.
ISA 60079-25.................  Standard for Explosive Atmospheres--Part
                                25: Intrinsically Safe Electrical
                                Systems.
UL 60079--25.................  Standard for Explosive Atmospheres--Part
                                25: Intrinsically Safe Electrical
                                Systems.
UL 60079-26..................  Explosive Atmospheres--Part 26: Equipment
                                for Use in Class I, Zone 0 Hazardous
                                (Classified) Locations.
UL 60079-30-1................  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating-General and Testing
                                Requirements.
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 60079-28..................  Standard for Explosive Atmospheres--Part
                                28: Protection of Equipment and
                                Transmission Systems Using Optical
                                Radiation.
------------------------------------------------------------------------
* In this notice, OSHA also proposes to add this test standard 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). 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; or (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 if the test standard 
covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add 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 
preliminarily determines that these test standards are appropriate test 
standards. OSHA seeks public comment on this preliminary determination.

[[Page 4055]]



 Table 2--Standards OSHA Is Proposing To Add to the NRTL Program's List
                      of Appropriate Test Standards
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 122701..............................  Requirements for Process
                                          Sealing Between Electrical
                                          Systems and Flammable or
                                          Combustible Process Fluids.
UL 248-19..............................  Standard for Low-Voltage Fuses--
                                          Part 19: Photovoltaic Fuses.
------------------------------------------------------------------------

IV. Preliminary Findings on the Application

    UL submitted an acceptable application for expansion of the scope 
of recognition. OSHA's review of the application files and related 
material preliminarily indicate 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 application.
    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 no longer than 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, listed in ADDRESSES. 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 application 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 application 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

    Douglas L. Parker, 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.

    Signed at Washington, DC, on January 14, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-01453 Filed 1-25-22; 8:45 am]
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