[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:
meilinger.francis2@dol.gov.
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:
robinson.kevin@dol.gov. 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
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:
Table 1--Test Standards OSHA Is Adding to the NRTL Program's List of
Appropriate Test Standards
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Test standard to be added Test standard title
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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.
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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
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Deleted test standard Test standard title Reason for deletion Replacement standard(s)
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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.
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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.
Table 3--Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of CSA Group Testing &
Certification Inc.
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Test standard to be removed Reason for removal Replacement test standard(s) (if applicable)
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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.
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Table 4--Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Intertek Testing Services
NA, Inc.
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Test standard to be removed Reason for removal Replacement test standard(s) (if applicable)
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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.
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Table 5--Test Standard OSHA Is Removing From the Scope of Recognition of TUV Rheinland of North America, Inc.
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Test standard to be removed Reason for removal Replacement test standard(s) (if applicable)
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UL 224............................. Standard is component None.
standard and not an
end-product
standard. It does
not meet the
requirements of the
NRTL Program.
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Table 6--Test Standard OSHA Is Removing From the Scope of Recognition of TUV SUD America, Inc.
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Test standard to be removed Reason for removal Replacement test standard(s) (if applicable)
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UL 969............................. Standard is component None.
standard and not an
end-product
standard. It does
not meet the
requirements of the
NRTL Program.
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Table 7--Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of UL LLC
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Test standard to be removed Reason for removal Replacement test standard(s) (if applicable)
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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.
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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]
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