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 Department of Labor Occupational Safety and Health Administration [Docket No. OSHA-2013-0012]
 AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
 ACTION: Notice.
 SUMMARY: In this notice, OSHA announces the final decision to delete test standards from the Nationally Recognized Testing Laboratories (NRTL) Program's list of appropriate test standards and modify the scope of recognition of several NRTLs.
 DATES: The actions contained in this notice will become effective on September 13, 2023.
 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, 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 36 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 for input and consideration of views of industry groups, experts, users, consumers, governmental authorities, and others having broad experience in the safety field involved. A. 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 an SDO is no longer considered an appropriate test standard (CPL 01-00-004, NRTL Program Policies, Procedures and Guidelines Directive (NRTL Program Directive), Ch. 2.IX.C.1). 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 (Id.). 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 (NRTL Program Directive, Ch. 2.IX.C.2). 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 (NRTL Program Directive, Ch. 2.IX.C.3). 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 (NRTL Program Directive, Ch. 2.IX.D). B. 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 list of appropriate test standards based on an internal review in which NRTL Program staff review the NRTL 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)). A test standard must specify the safety requirements for a specific type of product(s) (NRTL Program Directive, Ch. 2.VIII.C.1). 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, and not 
                    ( print page 62822)
                    safety requirements (
                    *i.e.,*
                     features, parts, capabilities, usage limitations, or installation requirements that would create a potential hazard in operating the equipment if not properly used), would also not be considered an appropriate test standard (NRTL Program Directive, Ch. 2.VIII.C.1). 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 Directive, Ch. 2.VIII.C.2). 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. 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 proposing to delete 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 (within the confines of the requirements of Annex B, Section 7.4 G and H of the NRTL Program Policies, Procedures, and Guidelines, OSHA Instruction CPL 01-00-004 (Oct. 1, 2019) (the NRTL Program Directive, available at 
                    *https://www.osha.gov/​sites/​default/​files/​enforcement/​directives/​CPL_​01-00-004.pdf*)) 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 that the NRTL appropriately addresses that product's components. II. Summary of Proposed Actions In a July 12, 2023 
                    **Federal Register**
                     notice (88 FR 44406, referred to in this notice as “Proposed Modification,” and available at 
                    *www.regulations.gov*
                     under Docket ID OSHA-2013-0012-0030), OSHA proposed to delete several test standards from the NRTL Program's list of appropriate test standards; incorporate two replacement standards into the NRTL Program's list of appropriate test standards; remove deleted test standards from the scopes of recognition of several NRTLs; and add to the scopes of recognition of some of these NRTLs replacement test standards, as applicable. The notice requested public comment on the proposal; however, no comments were received in response to the 
                    **Federal Register**
                     notice. As will be explained below, OSHA is issuing a final decision on these matters as proposed, without modification. 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 several withdrawn test standards from the NRTL Program's List of Appropriate Test Standards. OSHA also announces the final decision to incorporate into the NRTL Program's List of Appropriate Test Standards two replacement test standards. These final actions are detailed below in Table 1. Table 1—Test Standards OSHA Is Removing From NRTL Program's List of Appropriate Test Standards
Deleted test standard
Test standard title
Reason for deletion
Replacement standardANSI/AAMI ES60601-1:2005/(R)2012
Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance (with amendments)
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.AAMI ES60601-1:2005/(R)2012
Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance (with amendments)
Standard has been amended by a SDO.AAMI ES60601-1
Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance (with amendments)
Standard has been amended by a SDO.UL 60601-1
Medical Electrical Equipment, Part 1: General Requirements for Safety
Withdrawn
None.UL 60730-1A
Automatic Electrical Controls for Household and Similar Use; Part 1: General Requirements
Standard has been amended by a SDO
UL 60730-1 Automatic Electrical Controls—Part 1: General Requirements.IEEE C37.013
AC High-Voltage Generator Circuit Breakers Rated on a Symmetrical Current Basis
Withdrawn
None.IEEE C37.46
Power Fuses and Fuse Disconnecting Switches
Withdrawn
None.IEEE C37.47
Distribution Fuse Disconnecting Switches, Fuse Supports, and Current-Limiting Fuses
Withdrawn
None.ISA 82.02.02
Electrical Equipment for Measurement, Control and Laboratory Use
Withdrawn
None.( print page 62823)NFPA 16
Installation of Foam Water Sprinkler and Foam-Water Spray Systems
Withdrawn
None.UL 17
Vent or Chimney Connector Dampers for Oil-Fired Appliances
Withdrawn
None.UL 250
Household Refrigerators and Freezers
Withdrawn
None.UL 474
Dehumidifiers
Withdrawn
None.UL 664
Commercial (Class IV) Electric Dry-Cleaning Machines
Withdrawn
None.UL 745-2-5
Particular Requirements for Circular Saws and Circular Knives
Withdrawn
None.UL 745-2-14
Particular Requirements for Planers
Withdrawn
None.UL 745-2-35
Particular Requirements for Drain Cleaners
Withdrawn
None.UL 873
Electrical Temperature-Indicating and -Regulating Equipment
Withdrawn
None.UL 984
Hermetic Refrigerant Motor-Compressors
Withdrawn
None.UL 1028
Electric Hair-Clipping and -Shaving Appliances
Withdrawn
None.UL 1054
Special-Use Switches
Withdrawn
None.UL 1626
Residential Sprinklers for Fire Protection Service
Withdrawn
None.UL 1662
Electric Chain Saws
Withdrawn
None.UL 1767
Early-Suppression Fast-Response Sprinklers
Withdrawn
None.UL 65
Electric Wired Cabinets
Withdrawn
None.UL 508C
Power Conversion Equipment
Withdrawn
None.
 IV. Final Decision To Modify Affected NRTLs' Scope of Recognition In this notice, OSHA announces the final decision to remove test standards (those listed in Table 1, above) from the scopes of recognition of several NRTLs and to add to the scopes of recognition of some of these NRTLs replacement test standards, as applicable. The tables in this section (Table 2 through Table 16) list, for each affected NRTL, the test standard(s) that OSHA is removing from the scope of recognition of the NRTL, along with the test standard(s) that OSHA will incorporate into the scope of recognition to replace withdrawn (and deleted) test standards, as applicable. Table 2—Test Standard OSHA Is Removing From/Adding to the Scope of Recognition of Bureau Veritas Consumer Products Services, Inc.
Test standard being removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
 Table 3—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of CSA Group Testing & Certification Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s) (if applicable)AAMI ES 60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 60730-1A
Standard has been amended by a SDO
UL 60730-1 Automatic Electrical Controls—Part 1: General Requirements.IEEE C37.013
Withdrawn
None.IEEE C37.46
Withdrawn
None.IEEE C37.47
Withdrawn
None.UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 474
Withdrawn
None.UL 508C
Withdrawn
None.( print page 62824)UL 664
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 873
Withdrawn
None.UL 984
Withdrawn
None.UL 1028
Withdrawn
None.UL 1054
Withdrawn
None.UL 1662
Withdrawn
None.
 Table 4—Test Standards OSHA Is Removing From/Adding to the Scope Recognition of DEKRA Certification Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s) (if applicable)AAMI 60601-1
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
 Table 5—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Eurofins Electrical and Electronic Testing Na, Inc. a/k/a MET Laboratories, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 474
Withdrawn
None.UL 508C
Withdrawn
None.UL 664
Withdrawn
None.UL 745-2-5
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 1028
Withdrawn
None.UL 1054
Withdrawn
None.UL 1662
Withdrawn
None.
 Table 6—Test Standards OSHA Is Removing From the Scope of Recognition of FM Approvals
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ISA 82.02.02
Withdrawn
None.UL 664
Withdrawn
None.
 Table 7—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Intertek Testing Services NA, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 60730-1A
Standard has been amended by a SDO
UL 60730-1 Automatic Electrical Controls—Part 1: General Requirements.IEEE C37.013
Withdrawn
None.IEEE C37.46
Withdrawn
None.ISA 82.02.02
Withdrawn
None.UL 17
Withdrawn
None.UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 474
Withdrawn
None.( print page 62825)UL 508C
Withdrawn
None.UL 664
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 873
Withdrawn
None.UL 984
Withdrawn
None.UL 1028
Withdrawn
None.UL 1054
Withdrawn
None.UL 1662
Withdrawn
None.
 Table 8—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Nemko North America, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 250
Withdrawn
None.
 Table 9—Test Standards OSHA Is Removing From the Scope of Recognition of NSF International
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 873
Withdrawn
None.
 Table 10—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of  QAI Laboratories, LTD
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)AAMI ES60601-1
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
 Table 11—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of QPS Evaluation Services, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES 60601-1: 2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.
 Table 12—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of SGS North America, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 474
Withdrawn
None.( print page 62826)UL 1028
Withdrawn
None.
 Table 13—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of TUV Rheinland of North America, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 60730-1A
Standard has been amended by a SDO
UL 60730-1 Automatic Electrical Controls—Part 1: General Requirements.UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 474
Withdrawn
None.UL 508C
Withdrawn
None.UL 664
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 984
Withdrawn
None.UL 1028
Withdrawn
None.UL 1054
Withdrawn
None.UL 1662
Withdrawn
None.
 Table 14—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of TÜV SÜD America, Inc.
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 60730-1A
Standard has been amended by a SDO
UL 60730-1 Automatic Electrical Controls—Part 1: General Requirements.UL 250
Withdrawn
None.UL 474
Withdrawn
None.UL 508c
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 873
Withdrawn
None.UL 984
Withdrawn
None.UL 1028
Withdrawn
None.UL 1662
Withdrawn
None.
 Table 15—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of TÜV SÜD Product Services GmbH
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)UL 60601-1
Withdrawn
None.UL 60730-1A
Standard has been amended by a SDO
UL 60730-1 Automatic Electrical Controls—Part 1: General Requirements.UL 250
Withdrawn
None.UL 474
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 873
Withdrawn
None.
 
 
 Table 16—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of UL LLC
Test standard to be removed
Reason for removal
Replacement test standard(s)
                             (if applicable)ANSI/AAMI ES60601-1:2005/(R)2012
Standard has been amended by a SDO
ANSI/AAMI ES 60601-1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.UL 60601-1
Withdrawn
None.UL 60730-1A
Standard has been amended by a SDO
UL 61730-1 Already in UL's Scope of Recognition.IEEE C37.013
Withdrawn
None.IEEE C37.46
Withdrawn
None.IEEE C37.47
Withdrawn
None.UL 17
Withdrawn
None.UL 65
Withdrawn
None.UL 250
Withdrawn
None.UL 474
Withdrawn
None.UL 508C
Withdrawn
None.UL 664
Withdrawn
None.UL 745-2-14
Withdrawn
None.UL 745-2-35
Withdrawn
None.UL 873
Withdrawn
None.UL 984
Withdrawn
None.UL 1028
Withdrawn
None.UL 1054
Withdrawn
None.UL 1626
Withdrawn
None.UL 1662
Withdrawn
None.UL 1767
Withdrawn
None.
 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, 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 6, 2023. James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health.


[FR Doc. 2023-19713 Filed 9-12-23; 8:45 am] BILLING CODE 4510-26-P