[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12737-12738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04711]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


UL LLC: Grant of Expansion 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 expand 
the scope of recognition for UL LLC as a Nationally Recognized Testing 
Laboratory (NRTL). Additionally, OSHA announces the final decision to 
add two test standards to the NRTL Program's list of appropriate test 
standards.

DATES: The expansion of the scope of recognition becomes effective on 
March 7, 2022.

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 Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of UL LLC (UL) as a NRTL. UL's expansion covers the 
addition of eleven test standards to the NRTL scope of recognition, two 
of which OSHA will add to the NRTL Program's List of Appropriate Test 
Standards.
    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 and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
properly approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    The agency processes applications by a NRTL for initial recognition 
and for an expansion or renewal of this 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 the NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    UL submitted an application, dated May 23, 2019, to expand their 
recognition as a NRTL to include twelve additional test standards 
(OSHA-2009-0025-0038). This application was amended to remove one 
standard from the original request (OSHA-2009-0025-0039). The expansion 
would add eleven additional test standards to UL's NRTL scope of 
recognition. 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 published the preliminary notice announcing UL's expansion 
application in the Federal Register on January 26, 2022 (87 FR 4053). 
The agency requested comments by February 10, 2022, but it received no 
comments in response to this notice. OSHA is now proceeding with this 
final notice to grant expansion of UL's scope of recognition and 
modification to the NRTL Program's List of Appropriate Test Standards.
    To obtain or review copies of all public documents pertaining to 
UL's application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor. Docket No. OSHA-2009-0025 contains all materials 
in the record concerning UL's recognition. Please note: Due to the 
COVID-19 pandemic, the Docket Office is closed to the public at this 
time but can be contacted at (202) 693-2350 (TTY ((877) 889-5627).

II. Final Decision and Order

    OSHA staff examined UL's expansion application, its capability to 
meet the requirements of the test standards, and other pertinent 
information. Based on its review of this evidence, OSHA finds that UL 
meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the limitations and conditions listed in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
UL's scope of recognition. OSHA limits the expansion of UL's 
recognition to testing and certification of products for demonstration 
of conformance to the test standards listed below in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in UL's NRTL
                          Scope of Recognition
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       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.

[[Page 12738]]

 
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.
------------------------------------------------------------------------
* Represents the standards that OSHA is adding to the NRTL Program's
  List of Appropriate Test Standards

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

     Table 2--Standards OSHA Is Adding 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.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standard listed above as an American National Standard. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized for a particular test standard may 
use either the proprietary version of the test standard or the ANSI 
version of that standard. Contact ANSI to determine whether a test 
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
UL must abide by the following conditions of the recognition:
    1. UL must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as a NRTL, and provide details of the 
change(s);
    2. UL must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. UL must continue to meet the requirements for recognition, 
including all previously published conditions on UL's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of UL, subject to the limitations and conditions 
specified above. OSHA also adds two standards to the NRTL Program's 
List of Appropriate Test Standards.

III. Authority and Signature

    James S. Frederick, Deputy 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 February 28, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-04711 Filed 3-4-22; 8:45 am]
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