[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15223-15225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04387]
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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 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 DEKRA
Certification Inc., 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 and modify an existing standard
on the NRTL 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 18, 2024.
ADDRESSES: Submit comments by any of the following methods:
Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office. All
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.
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2019-0009). 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.
Extension of comment period: Submit requests for an extension of
the comment period on or before March 18, 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, U.S. Department of Labor, 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, U.S. Department of Labor, phone:
(202) 693-1911 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that DEKRA Certification Inc., (DEKRA) is
applying to expand the current recognition as a NRTL. DEKRA requests
the addition of three test standards 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 DEKRA, 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.
DEKRA currently has two facilities (sites) recognized by OSHA for
product testing and certification, with headquarters located at: DEKRA
Certification Inc., 405 Glenn Drive, Sterling, Virginia 20164. A
complete list of DEKRA sites recognized by OSHA is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/dekra.
II. General Background on the Application
DEKRA submitted an application on December 24, 2021 (OSHA-2019-
0009-0004), which requested the addition of twenty-two standards to the
scope of recognition. DEKRA submitted an amended application, dated
June 21, 2023 (OSHA-2019-0009-0003), which requested that OSHA consider
three of the twenty-two standards separately. OSHA then moved forward
with consideration only of the three standards requested in the June
21, 2023, amended application; it is still evaluating the initial
application and will announce the preliminary decision on the remaining
nineteen standards in a separate notice. OSHA staff performed a
detailed analysis of the application packet for the three standards
covered by the June 21, 2023, amended application, and other pertinent
information. OSHA staff performed an on-site assessment of DEKRA's
Netherlands facility on June 5-7, 2023, in which OSHA assessors found
some nonconformances with the requirements of 29 CFR 1910.7. DEKRA has
addressed these issues sufficiently, and OSHA staff has preliminarily
determined that OSHA should grant the June 21, 2023, amended
application.
Table 1, below, lists the three test standards found in DEKRA's
June 21, 2023, amended application for expansion for testing and
certification of products under the NRTL Program.
Table 1--Proposed Test Standards for Inclusion in DEKRA's NRTL Scope of
Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 2202................................... DC Charging Equipment for
Electric Vehicles.
UL 2251 *................................. Plugs, Receptacles, and
Couplers for Electric
Vehicles.
UL 2594................................... Electric Vehicle Supply
Equipment.
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* 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 One 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 2251................................... Plugs, Receptacles, and
Couplers for Electric
Vehicles.
------------------------------------------------------------------------
IV. 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
related material preliminarily indicates that DEKRA 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 DEKRA'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 DEKRA 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 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 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, in part, DEKRA'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 February 26, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-04387 Filed 2-29-24; 8:45 am]
BILLING CODE 4510-26-P
