[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15738-15740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05147]


=======================================================================
-----------------------------------------------------------------------

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.

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

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 one test 
standard 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 March 29, 2023.

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.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov. Documents in the docket are 
listed in the https://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-2009-0025). 
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 https://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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before March 29, 2023 to the Office of 
Technical Programs and Coordination Activities,

[[Page 15739]]

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

    OSHA is providing notice that UL LLC, (UL) is applying to expand 
the current recognition as a NRTL. UL requests the addition of one test 
standard to the 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 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 October 4, 2020 (OSHA-2009-0025-
0047), to expand recognition to include one additional test standard. 
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 standard found in UL's application 
for expansion for testing and certification of products under the NRTL 
Program.

   Table 1--Proposed Test Standard for Inclusion in UL's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
              Test  standard                     Test standard title
------------------------------------------------------------------------
* UL 2525.................................  Standard for Two-Way
                                             Emergency Communications
                                             Systems for Rescue
                                             Assistance.
------------------------------------------------------------------------
* 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 a New Test Standard 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; 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 one new test standard to the 
NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standard that is new to the NRTL Program. OSHA 
preliminarily determines that this test standard is an appropriate test 
standard. OSHA seeks public comment on this preliminary determination.

Table 2--Standard OSHA Is Proposing To Add to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
              Test  standard                     Test standard title
------------------------------------------------------------------------
UL 2525...................................  Standard for Two-Way
                                             Emergency Communications
                                             Systems for Rescue
                                             Assistance.
------------------------------------------------------------------------

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 indicates that UL can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding recognition to include the 
addition of the test standard 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 standard listed 
above is an appropriate test standard.
    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 standard listed above is an appropriate test 
standard that should be included in the NRTL Program's List of 
Appropriate Test Standards. Comments

[[Page 15740]]

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 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. 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 standard 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 standard 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

    James S. Frederick, 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. 8-2020 (85 FR 58393, 
Sept. 18, 2020)), and 29 CFR 1910.7.

    Signed at Washington, DC, on March 8, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05147 Filed 3-13-23; 8:45 am]
BILLING CODE 4510-26-P