[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: <a href="/cdn-cgi/l/email-protection#6f020a06030601080a1d41091d0e010c061c2f0b000341080019"><span class="__cf_email__" data-cfemail="fa979f939693949d9f88d49c889b94999389ba9e9596d49d958c">[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#6a180508030419050444010f1c03042a0e0506440d051c"><span class="__cf_email__" data-cfemail="11637e73787f627e7f3f7a7467787f51757e7d3f767e67">[email protected]</span></a>.

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.

[[Page 15224]]

    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.
------------------------------------------------------------------------
* 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

[[Page 15225]]

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


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