[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74294-74295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20687]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0009]


DEKRA Certification Inc.: Application for Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of DEKRA 
Certification Inc., for expansion of the recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the agency's 
preliminary finding to grant the application.

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 September 27, 2024.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2019-0009). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 
(including this Federal Register notice) 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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before September 27, 2024 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, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, 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, phone: (202) 693-1999 or 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, phone: (202) 693-1911 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that DEKRA Certification Inc. (DEKRA), is 
applying for expansion of the current recognition as a NRTL. DEKRA 
requests the addition of seventeen test standards to the 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 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 a 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 DEKRA, 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.
    DEKRA currently has two facilities (sites) recognized by OSHA for 
product testing and certification, with the headquarters located at: 
DEKRA Certification Inc., 405 Glenn Drive, Suite 12, Sterling, Virginia 
20164. A complete list of DEKRA's scope of recognition is available at 
https://www.osha.gov/nationally-recognized-testing-laboratory-program/dekra.

II. General Background on the Application

    DEKRA submitted an application to OSHA for expansion of the NRTL 
scope of recognition on December 24, 2021 (OSHA-2019-0009-0007), 
requesting the addition of twenty-nine recognized testing standards. 
The application was amended on February 1, 2023 (OSHA-2019-0009-0008), 
removing eight standards from the original request, while adding an 
additional standard to the expansion application. The December 2021 
expansion application was amended a second time on June 21, 2023 (OSHA-
2019-0009-0009) to withdraw three standards from the December 2021 
application. The December 2021 application was

[[Page 74295]]

amended a third time on February 28, 2024 (OSHA-2019-0009-0010), to 
withdraw two standards from the original request. This notice covers 
the remaining seventeen standards. OSHA staff performed a detailed 
analysis of the application packets and reviewed other pertinent 
information. OSHA performed an on-site review of DEKRA's Arnhem, 
Netherlands site on June 5-7, 2023, in which assessors found some 
nonconformances with the requirements of 29 CFR 1910.7. DEKRA addressed 
these issues sufficiently, and OSHA staff has preliminarily determined 
that OSHA should grant the application.
    Table 1, below, lists the appropriate test standards found in 
DEKRA's amended application for expansion for testing and certification 
of products under the NRTL Program.

  Table 1--Proposed Appropriate Test Standards for Inclusion in DEKRA's
                        NRTL Scope of Recognition
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      Test standard                     Test standard title
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UL 197...................  Commercial Electric Cooking Appliances.
UL 499...................  Electric Heating Appliances.
UL 507...................  Electric Fans.
UL 508...................  Industrial Control Equipment.
UL 674...................  Electric Motors and Generators for Use in
                            Hazardous (Classified) Locations.
UL 749...................  Household Dishwashers.
UL 921...................  Commercial Electric Dishwashers.
UL 923...................  Microwave Cooking Appliances.
UL 1017..................  Vacuum Cleaners, Blower Cleaners and
                            Household Floor Finishing Machines.
UL 1026..................  Household Electric Cooking and Food-Serving
                            Appliances.
UL 1082..................  Household Electric Coffee Makers and Brewing-
                            Type Appliances.
UL 1206..................  Electric Commercial Clothes-Washing
                            Equipment.
UL 2054..................  Household and Commercial Batteries.
UL 2158..................  Electric Clothes Dryers.
UL 60079-28..............  Explosive Atmospheres--Part 28: Protection of
                            Equipment and Transmission Systems Using
                            Optical Radiation.
UL 60730-2-7.............  Automatic Electrical Controls for Household
                            and Similar Use: Part 2: Particular
                            Requirements for Timers and Time Switches.
NFPA 496.................  Purged and Pressurized Enclosures for
                            Electrical Equipment.
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III. Preliminary Findings on the Application

    DEKRA submitted an acceptable application for expansion of the 
scope of recognition. OSHA's review of the application files and 
pertinent documentation indicates that DEKRA has met the requirements 
prescribed by 29 CFR 1910.7 for expanding the recognition to include 
the addition of the seventeen test standards for NRTL testing and 
certification listed in Table 1. This preliminary finding does not 
constitute an interim or temporary approval of DEKRA's application.
    OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether DEKRA meets the 
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL. 
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 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-2019-0009 (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. After addressing the issues raised by these comments, 
staff will make a recommendation to the Assistant Secretary of Labor 
for Occupational Safety and Health on whether to grant DEKRA's amended 
application for expansion of the scope of recognition. The Assistant 
Secretary will make the final decision on granting the application. In 
making this decision, 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.

V. 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 September 5, 2024.
James S. Frederick
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-20687 Filed 9-11-24; 8:45 am]
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