[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73874-73877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23734]



[[Page 73874]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]


UL LLC: Applications 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 applications 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 applications. Additionally, OSHA proposes to add thirteen 
test standards 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 November 13, 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 http://www.regulations.gov. Documents in the docket 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 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 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 November 13, 2023 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; 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: <a href="/cdn-cgi/l/email-protection#fc9199959095929b998ed29a8e9d929f958fcebc989390d29b938a"><span class="__cf_email__" data-cfemail="375a525e5b5e595052451951455659545e44057753585b19505841">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#4d3f222f24233e22236326283b24230d292221632a223b"><span class="__cf_email__" data-cfemail="73011c111a1d001c1d5d1816051a1d33171c1f5d141c05">[email protected]</span></a>.

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 thirty-
five 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 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 fifty-five 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 two applications, one dated December 24, 2021 (OSHA-
2009-0025-0053), and a second dated May 5, 2023 (OSHA-2009-0025-0054). 
The first application was amended on July 19, 2022, to remove two 
standards from the original request (OSHA-2009-0025-0055). In total, 
the expansion applications, as amended, requested the addition of 
thirty-seven test standards to the scope of recognition. OSHA has 
determined that two of the standards included in the amended expansion 
application, UL 80079-36 and 80079-37, are not appropriate test 
standards and is therefore not proposing they be included for inclusion 
in UL's NRTL Scope of Recognition or in the NRTL Program's List of 
Appropriate Test Standards. This notice covers the expansion to include 
the remaining thirty-five standards. OSHA staff performed a detailed 
analysis of the application packets and other pertinent information. 
OSHA did not perform any on-site reviews in relation to these 
applications.
    Table 1, below, lists the test standards found in UL's applications 
for expansion for testing and certification of products under the NRTL 
Program.

[[Page 73875]]



  Table 1--Proposed Test Standards for Inclusion in UL's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
       Test standard                     Test standard title
------------------------------------------------------------------------
UL 62841-1.................  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 1: General
                              Requirements.
UL 62841-2-1...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Part 2-1: Particular
                              Requirements for Hand-Held Drills and
                              Impact Drills.
UL 62841-2-2...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 2-2: Particular
                              Requirements For Hand-Held Screwdrivers
                              and Impact Wrenches.
UL 62841-2-3 *.............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 2-3: Particular
                              Requirements For Hand-Held Grinders, Disc-
                              Type Polishers And Disc-Type Sanders.
UL 62841-2-4...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 2-4: Particular
                              Requirements For Hand-Held Sanders And
                              Polishers Other.
UL 62841-2-5...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 2-5: Particular
                              Requirements for Hand-Held Circular Saws.
UL 62841-2-8...............  Safety Requirements for Particular
                              Requirements for Hand-Held Shears and
                              Nibblers.
UL 62841-2-9...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn and Garden
                              Machinery--Safety--Part 2-9: Particular
                              Requirements for Hand-Held Tappers and
                              Threaders.
UL 62841-2-10..............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Part 2-10: Particular
                              Requirements for Hand-Held Mixers.
UL 62841-2-11..............  Safety Requirements for Particular
                              Requirements for Hand-Held Reciprocating
                              Saws.
UL 62841-2-14..............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn And Garden
                              Machinery--Safety--Part 2-14: Particular
                              Requirements for Hand-Held Planers.
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 62841-2-21..............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Part 2-21: Particular
                              Requirements for Hand-Held Drain Cleaners.
UL 62841-3-1...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 3-1: Particular
                              Requirements For Transportable Table Saws.
UL 62841-3-4...............  Safety Requirements for Particular
                              Requirements for Transportable Bench
                              Grinders.
UL 62841-3-6...............  Safety Requirements for Particular
                              Requirements for Transportable Diamond
                              Drills with Liquid System.
UL 62841-3-7 *.............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 3-7: Particular
                              Requirements for Transportable Wall Saws.
UL 62841-3-9...............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 3-9: Particular
                              Requirements for Transportable Mitre Saws.
UL 62841-3-10..............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 3-10: Particular
                              Requirements for Transportable Cut-Off
                              Machines.
UL 62841-3-12 *............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools and Lawn and Garden
                              Machinery--Safety--Part 3-12: Particular
                              Requirements for Transportable Threading
                              Machines.
UL 62841-3-13..............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Part 3-13: Particular
                              Requirements for Transportable Drills.
UL 62841-3-14 *............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 3-14: Particular
                              Requirements for Transportable Drain
                              Cleaners.
UL 62841-3-1000 *..........  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 3-1000: Particular
                              Requirements For Transportable Laser
                              Engravers.
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.
UL 62841-4-4 *.............  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 4-4: Particular
                              Requirements For Lawn Trimmers, Lawn Edge
                              Trimmers, Grass Trimmers, Brush Cutters
                              And Brush Saws.
UL 62841-4-1000 *..........  Electric Motor-Operated Hand-Held Tools,
                              Transportable Tools And Lawn And Garden
                              Machinery--Safety--Part 4-1000: Particular
                              Requirements For Utility Machines.
UL 60745-2-23..............  Hand-Held Motor-Operated Electric Tools--
                              Safety--Part 2-23: Particular Requirements
                              for Die Grinders and Small Rotary Tools.
UL 60079-33 *..............  Explosive Atmospheres--Part 33: Equipment
                              Protection by Special Protection ``s''.
UL 2610 *..................  Commercial Premises Security Alarm Units
                              and Systems.
UL 428A *..................  Electrically Operated Valves for Gasoline
                              and Gasoline/Ethanol Blends with Nominal
                              Ethanol Concentrations Up to 85 Percent
                              (E0-E85).
UL 428B *..................  Electrically Operated Valves for Diesel
                              Fuel, Biodiesel Fuel, Diesel/Biodiesel
                              Blends with Nominal Biodiesel
                              Concentrations Up To 20 Percent (B20),
                              Kerosene, and Fuel Oil.
UL 3100 *..................  ANSI/CAN/UL Automated Mobile Platforms
                              (AMPs).
UL 2743....................  Standard for Portable Power Packs.
UL 8400 *..................  Virtual Reality, Augmented Reality and
                              Mixed Reality Technology Equipment.
------------------------------------------------------------------------
* In this notice, OSHA also proposes to add these test standards to the
  NRTL Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standards 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).

[[Page 73876]]

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 thirteen new test standards to 
the NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standards that are new to the NRTL Program. OSHA 
preliminarily determines that these test standards are appropriate test 
standards. OSHA seeks public comment on this preliminary determination.

 Table 2--Standards OSHA Is Proposing to Add to the NRTL Program's List
                      of Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 62841-2-3.................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools And Lawn And Garden
                                Machinery--Safety--Part 2-3: Particular
                                Requirements For Hand-Held Grinders,
                                Disc-Type Polishers And Disc-Type
                                Sanders.
UL 62841-3-7.................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 3-7: Particular
                                Requirements for Transportable Wall
                                Saws.
UL 62841-3-12................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 3-12: Particular
                                Requirements for Transportable Threading
                                Machines.
UL 62841-3-14................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 3-14: Particular
                                Requirements for Transportable Drain
                                Cleaners.
UL 62841-3-1000..............  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 3-1000:
                                Particular Requirements For
                                Transportable Laser Engravers.
UL 62841-4-1000..............  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 4-1000:
                                Particular Requirements For Utility
                                Machines.
UL 62841-4-4.................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools And Lawn And Garden
                                Machinery--Safety--Part 4-4: Particular
                                Requirements for Lawn Trimmers, Lawn
                                Edge Timmers, Grass Trimmers, Brush
                                Cutters And Brush Saws.
UL 60079-33..................  Explosive Atmospheres--Part 33: Equipment
                                Protection by Special Protection ``s''.
UL 2610......................  Commercial Premises Security Alarm Units
                                and Systems.
UL 428A......................  Electrically Operated Vales for Gasoline
                                and Gasoline/Ethanol Blends with Nominal
                                Ethanol Concentrations Up to 85 Percent
                                (E0-E85).
UL 428B......................  Electrically Operated Valves for Diesel
                                Fuel, Biodiesel Fuel, Diesel/Biodiesel
                                Blends with Nominal Biodiesel
                                Concentrations Up To 20 Percent (B20),
                                Kerosene, and Fuel Oil.
UL 3100......................  ANSI/CAN/UL Automated Mobile Platforms
                                (AMPs).
UL 8400......................  Virtual Reality, Augmented Reality and
                                Mixed Reality Technology Equipment.
------------------------------------------------------------------------

IV. Preliminary Findings on the Applications

    UL submitted acceptable applications 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 standards listed above for NRTL testing and 
certification. This preliminary finding does not constitute an interim 
or temporary approval of UL's applications.
    OSHA also preliminarily determined that the test standards listed 
above are appropriate test standards.
    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 standards listed above are appropriate test 
standards 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-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 applications for expansion 
of its scope of recognition and to add the test standards listed above 
to the NRTL Program's List of Appropriate Test Standards. The Assistant 
Secretary will make the final decision on granting the applications and 
on adding the test standards 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.


[[Page 73877]]


    Signed at Washington, DC, on October 20, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-23734 Filed 10-26-23; 8:45 am]
BILLING CODE 4510-26-P


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