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 Department of Labor Occupational Safety and Health Administration [Docket No. OSHA-2009-0025]
 AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
 ACTION: Notice.
 SUMMARY: In this notice, OSHA announces the application 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 application. Additionally, OSHA proposes to add two 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 February 10, 2022.
 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. *Docket:*
                         To read or download submissions or other material in the docket, go to 
                        *http://www.regulations.gov*
                         or the OSHA Docket Office at the above address. All 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 at 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-2009-0025). 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. For further information on submitting comments, see the “Public Participation” heading in the section of this notice titled 
                        **SUPPLEMENTARY INFORMATION.** *Extension of comment period:*
                         Submit requests for an extension of the comment period on or before February 10, 2022 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: 
                        *meilinger.francis2@dol.gov.* *General and technical information:*
                         Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of 
                        ( print page 4054)
                        Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, phone: (202) 693-2110 or email: 
                        *robinson.kevin@dol.gov.*


SUPPLEMENTARY INFORMATION: I. Notice of the Application for Expansion OSHA is providing notice that UL LLC (UL) is applying to expand the scope of its current recognition as a NRTL. UL requests the addition of eleven test standards to its NRTL scope of recognition. OSHA's 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 the 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 thirteen 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 an application, dated May 23, 2019, to expand recognition to include twelve additional test standards (OSHA-2009-0025-0038). This application was amended on November 11, 2021 to remove one standard from the original request (OSHA-2009-0025-0039). The expansion, if approved, will cover the remaining eleven standards. OSHA staff performed a detailed analysis of the application packet and other pertinent information. OSHA did not perform any on-site reviews in relation to this application. Table 1, below, lists the test standards found in UL's application for expansion for testing and certification of products under the NRTL Program. Table 1—Proposed Test Standards for Inclusion in UL's NRTL Scope of Recognition
Test Standard
Test Standard titleUL 122701 *
Requirements for Process Sealing Between Electrical Systems and Flammable or Combustible Process Fluids.UL 248-19 *
Standard for Low-Voltage Fuses—Part 19: Photovoltaic Fuses.UL 8139
Electrical Systems of Electronic Cigarettes and Vaping Devices.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.ISA 60079-25
Standard for Explosive Atmospheres—Part 25: Intrinsically Safe Electrical Systems.UL 60079—25
Standard for Explosive Atmospheres—Part 25: Intrinsically Safe Electrical Systems.UL 60079-26
Explosive Atmospheres—Part 26: Equipment for Use in Class I, Zone 0 Hazardous (Classified) Locations.UL 60079-30-1
Standard for Explosive Atmospheres—Part 30-1: Electrical Resistance Trace Heating-General and Testing Requirements.UL 121201
Nonincendive Electrical Equipment for Use in Class I and II, Division 2 and Class III, Divisions 1 and 2 Hazardous (Classified) Locations.UL 60079-28
Standard for Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation.* 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 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). 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; or (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 if the test standard covers a type of product that no standard previously covered. In this notice, OSHA proposes to add two 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.
                    ( print page 4055) Table 2—Standards OSHA Is Proposing To Add to the NRTL Program's List of Appropriate Test Standards
Test standard
Test standard titleUL 122701
Requirements for Process Sealing Between Electrical Systems and Flammable or Combustible Process Fluids.UL 248-19
Standard for Low-Voltage Fuses—Part 19: Photovoltaic Fuses.
 IV. Preliminary Findings on the Application UL submitted an acceptable application for expansion of the scope of recognition. OSHA's review of the application files and related material preliminarily indicate 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 application. 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 no longer than 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, listed in 
                    **ADDRESSES**
                    .  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 application 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 application 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 Douglas L. Parker, 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 January 14, 2022. Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health.


[FR Doc. 2022-01453 Filed 1-25-22; 8:45 am] BILLING CODE 4510-26-P