[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16673-16676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06083]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0009]


DEKRA Certification Inc.: Application for 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 recognition as a Nationally Recognized Testing 
Laboratory (NRTL) and presents the agency's preliminary finding to 
grant this recognition. Additionally, OSHA proposes to modify the NRTL 
Program's List of Appropriate Test Standards to add two additional 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 April 23, 2020.

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.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2019-0009, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office's normal business hours, 10:00 a.m. 
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2019-0009). All comments, including any personal 
information you provide, are placed in the public docket without 
change, and may be made available online at https://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.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://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 for assistance in 
locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before April 23, 2020 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) 693-2110 or email: robinson.kevin@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Many of OSHA's workplace standards require that a NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, the NRTLs must meet 
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capabilities to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition and is not a delegation or grant of 
government authority. Recognition of a NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the

[[Page 16674]]

application, provides its preliminary finding, and solicits comments on 
its preliminary findings. In the second notice, the agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of the Application for Recognition

    OSHA is providing notice that DEKRA Certification, Inc., (DEKRA) is 
applying for recognition as a NRTL. According to its public information 
(see https://www.dekra-product-safety.com/en/about-dekra) DEKRA states 
that it is an internationally accredited testing laboratory. In its 
application, DEKRA lists the current address of its headquarters as: 
DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling, 
Virginia 20164. OSHA has determined preliminarily that DEKRA has the 
capability to perform as a NRTL as outlined in 29 CFR 1910.7.
    Each NRTL's scope of recognition has two elements: (1) The type of 
products the NRTL may test, with each type specified by its applicable 
test standard; and (2) the recognized site(s) that have the technical 
capability to perform the product-testing and product-certification 
activities for the applicable test standards within the NRTL's scope of 
recognition. DEKRA applied on December 8, 2016, for one recognized site 
(OSHA-2019-0009-0002). This application was amended on October 4, 2018, 
to add a new site as the company headquarters and requesting five 
supplemental programs within its scope of recognition (OSHA-2019-0009-
0003). This application was amended again on October 8, 2019 to request 
thirty-four test standards be included within its scope of recognition. 
On October 1, 2019, OSHA published an update to the NRTL Program 
Policies, Procedures and Guidelines Directive, CPL-01-004, which 
eliminates supplemental programs from the NRTL Program. With this 
update, OSHA will no longer recognize NRTL applicants for supplemental 
programs. The following sections set forth the requested scope of 
recognition included in DEKRA's application.

A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standards found within 
DEKRA's application for testing and certification of products under the 
NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                    DEKRA's NRTL Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
AAMI 60601-1.................  Medical Electrical Equipment--Part 1:
                                General Requirements for Basic Safety
                                and Essential Performance.
UL 1012......................  Standard for Power Units Other Than Class
                                2.
UL 1059......................  Standard for Terminal Blocks.
UL 1203......................  Standard for Explosion-Proof and Dust-
                                Ignition-Proof Electrical Equipment for
                                Use in Hazardous (Classified) Locations.
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 1310......................  Standard for Class 2 Power Units.
UL 153.......................  Standard for Portable Electric
                                Luminaires.
UL 1598......................  Luminaires.
UL 1778......................  Uninterruptible Power Systems.
UL 2157......................  Electric Clothes Washing Machines and
                                Extractors.
UL 50........................  Enclosures for Electrical Equipment, Non-
                                Environmental Considerations.
UL 508A......................  Standard for Industrial Control Panels.
UL 60065.....................  Standard for Audio, Video and Similar
                                Electronic Apparatus--Safety
                                Requirements.
UL 60079-0...................  Standard for Explosive Atmospheres--Part
                                0: Equipment--General Requirements.
UL 60079-1...................  Standard for Explosive Atmospheres--Part
                                1: Equipment Protection by Flameproof
                                Enclosures ``d''.
UL 60079-2...................  Standard for Explosive Atmospheres--Part
                                2: Equipment Protection by Pressurized
                                Enclosure `p'.
UL 60079-7...................  Standard for Explosive Atmospheres--Part
                                7: Equipment Protection by Increased
                                Safety `e'.
UL 60079-11..................  Explosive Atmospheres--Part 11: Equipment
                                Protection by Intrinsic Safety ``i''.
UL 60079-15..................  Explosive Atmospheres--Part 15: Equipment
                                Protection by Type of Protection `n'.
UL 60079-18..................  Standard for Explosive Atmospheres--Part
                                18: Equipment Protection by
                                Encapsulation `m'.
UL 60079-26..................  Standard for Explosive Atmospheres--Part
                                26: Equipment with Equipment Protection
                                Level (EPL) Gas.
UL 60079-30-1 *..............  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating--General and Testing
                                Requirements.
UL 60079-31..................  Explosive Atmospheres--Part 31: Equipment
                                Dust Ignition Protection by Enclosure
                                `t'.
UL 60730-1 *.................  Automatic Electrical Controls--Part 1:
                                General Requirements.
UL 60730-2-9.................  Standard for Automatic Electrical
                                Controls--Part 2-9: Particular
                                Requirements for Temperature Sensing
                                Controls.
UL 60950-1...................  Information Technology Equipment--Safety--
                                Part 1: General Requirements.
UL 60950-22..................  Information Technology Equipment--Safety--
                                Part 22: Equipment to be Installed
                                Outdoors.
UL 61010-1...................  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 1: General
                                Requirements.
UL 61058-1...................  Switches for Appliances--Part 1: General
                                Requirement.
UL 62368-1...................  Audio/video, Information and
                                Communication Technology Equipment--Part
                                1: Safety Requirements.
UL 858.......................  Standard for Household Electric Ranges.
UL 858A......................  Safety-Related Solid-State Controls For
                                Electric Ranges.
UL 8750......................  Standard for Light Emitting Diode (LED)
                                Equipment for Use in Lighting Products.
UL 913.......................  Standard for Intrinsically Safe Apparatus
                                and Associated Apparatus for Use in
                                Class I, II, III, Division 1, Hazardous
                                (Classified) Locations.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.


[[Page 16675]]

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 Program's 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 an end 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 standard 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 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 determined that these test standards are appropriate test 
standards and proposes to include them in the NRTL Program's list of 
appropriate test standards. OSHA seeks public comment on this 
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-30-1 *..............  Standard for Explosive Atmospheres--Part
                                30-1: Electrical Resistance Trace
                                Heating--General and Testing
                                Requirements.
UL 60730-1 *.................  Automatic Electrical Controls--Part 1:
                                General Requirements.
------------------------------------------------------------------------

    The test standards listed above may be approved as U.S. test 
standards by the American National Standards Institute (ANSI). However, 
for convenience, the agency may use the designations of the standards-
developing organization for the test standards instead of the ANSI 
designation. NRTL Program policy (see OSHA Instruction CPL 1-001-004, 
Chapter 2, Section VIII), establishes test standard approval criteria 
based on 29 CFR 1910.7(c).

B. Sites Requested for Recognition

    The current addresses of the DEKRA's sites included in its 
application for recognition as a NRTL are:
    1. DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling, 
Virginia 20164; and
    2. DEKRA Certification B.V. Arnhem, Meander 1051, 6825 MJ Arnhem, 
Gelderland, Netherlands.
    The NRTL Program requires that to be a recognized site, the sites 
listed above must have the capability to conduct product testing in 
accordance with the appropriate test standard for the equipment or 
material being tested and certified.

IV. Preliminary Finding on the Application for Recognition as a NRTL

    OSHA's NRTL Program recognition process involves a thorough 
analysis of a NRTL applicant's policies and procedures, and a 
comprehensive on-site review of the applicant's testing and 
certification activities to ensure that the applicant meets the 
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis 
of DEKRA's application packet and reviewed other pertinent information. 
OSHA staff also performed comprehensive on-site assessments of DEKRA's 
testing facilities, at DEKRA Arnhem, Netherlands on July 11-13, 2018 
and DEKRA Sterling, Virginia on October 30, 2018. An overview of OSHA's 
assessment of the four requirements for recognition (i.e., capability, 
control procedures, independence, and credible reports and complaint 
handling) is provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or material to be listed, labeled, or accepted, the NRTL must 
have the capability (including proper testing equipment and facilities, 
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed 
a detailed analysis of DEKRA's application packet and reviewed other 
pertinent information to assess its capabilities to perform testing and 
certification activities. OSHA preliminarily determined that DEKRA has 
demonstrated these capabilities through the following:
     DEKRA's facilities have adequate test areas, energy 
sources, and procedures for controlling incompatible activities.
     DEKRA provided a detailed list of its testing equipment. 
Review of the application shows that the equipment listed is available 
and adequate for the standards for which it seeks recognition.
     DEKRA has detailed procedures for conducting testing, 
review, and evaluation, and for capturing the test and other data 
required by the test standards for which it seeks recognition.
     DEKRA has detailed procedures addressing the maintenance 
and calibration of equipment, and the types of records maintained for, 
or supporting laboratory activities.
     DEKRA has sufficient qualified personnel to perform the 
proposed scope of testing based on their education, training, technical 
knowledge, and experience.
     DEKRA has an adequate quality-control system in place to 
conduct internal audits, as well as track and resolve nonconformances.
    OSHA's on-site assessments of DEKRA's facilities confirmed the 
capabilities described in its application packet. The assessors found 
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These controls and 
services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure

[[Page 16676]]

the proper use of identifying marks or labels. OSHA staff performed a 
detailed analysis of DEKRA's application packet and reviewed other 
pertinent information to assess its control procedures. OSHA 
preliminarily determined that DEKRA has demonstrated these capabilities 
through the following:
     DEKRA has a quality-control manual and detailed procedures 
to address the steps involved to list and certify products.
     DEKRA has a registered certification mark.
     DEKRA has certification procedures to address the 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities.
    OSHA's on-site assessment of DEKRA's facilities confirmed the 
capabilities described in its application packet. The assessors found 
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. The revised NRTL Program Policies, Procedures 
and Guidelines Directive, CPL 01-004-001, allows NRTLs to comply with 
the requirement in the NRTL Program regulation that NRTLs be 
``completely independent of employers subject to the tested equipment 
requirements, and of any manufacturers or vendors of equipment or 
materials being tested for these purposes'' (29 CFR 1910.7(b)(3)) by 
meeting the minimum performance standards of Annex B of the NRTL 
Program directive CPL 01-004-001 with respect to impartiality. The 
revised policy focuses on the NRTL's ability to effectively identify, 
eliminate and control any risk to its impartiality.
    This policy requires the NRTL to identify risks to impartiality on 
an ongoing basis and when risks to impartiality are identified, the 
NRTL must demonstrate how it eliminates or minimizes such risks. OSHA 
staff performed a detailed analysis of DEKRA's application packet and 
reviewed other pertinent information to assess its independence. OSHA 
preliminarily determined that DEKRA has demonstrated independence 
through the following:
     DEKRA is a privately-owned organization, and OSHA found no 
information regarding ownership that would qualify as a conflict under 
OSHA's independence policy.
     DEKRA shows that it has none of the relationships 
described in OSHA's independence policy or any other relationship that 
could subject it to undue influence when testing for product safety.
     DEKRA has policies and procedures in place to identify 
risks to impartiality and when risks to impartiality are found, DEKRA 
has policies and procedures to eliminate or minimize such risks.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias. The NRTL must also have procedures for 
handling complaints and disputes under a fair and reasonable system. 
OSHA staff performed a detailed analysis of DEKRA's application packet 
and reviewed other pertinent information to assess its ability to 
produce credible results and handle complaints. OSHA preliminarily 
determined that DEKRA has demonstrated these capabilities through the 
following:
     DEKRA has detailed procedures describing the content of 
test reports, and other detailed procedures describing the preparation 
and approval of these reports.
     DEKRA has procedures for recording, analyzing, and 
processing complaints from users, manufacturers, and other parties in a 
fair manner.
    OSHA's on-site assessments of DEKRA's facilities confirmed the 
capabilities described in its application packet. The assessors found 
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.
    OSHA's review of the application file and pertinent documentation, 
as well as the results of the on-site assessments, indicate that DEKRA 
can meet the requirements prescribed by 29 CFR 1910.7 for recognition 
as a NRTL for its sites located in Sterling, Virginia and Arnhem, 
Netherlands.
    OSHA's preliminary finding does not constitute an interim or 
temporary approval of DEKRA's application.
    OSHA welcomes public comment as to whether DEKRA meets the 
requirements of 29 CFR 1910.7 for recognition as a NRTL. 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, for an extension 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 obtain or review copies 
of the exhibits identified in this notice, as well as comments 
submitted to the docket, contact the Docket Office, Room N-3653, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, at the above address. These materials also are available online 
at http://www.regulations.gov under Docket No. OSHA-2019-0009.
    OSHA staff will review all comments submitted to the docket in a 
timely manner and, after addressing the issues raised by these 
comments, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health regarding DEKRA's application for 
recognition as a NRTL. The Assistant Secretary will make the final 
decision on granting the application. In making this decision, the 
Assistant Secretary may undertake other proceedings prescribed in 
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the 
Federal Register.

V. Authority and Signature

    Loren Sweatt, Principal 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. 1-2012 (77 FR 3912, 
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on March 18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-06083 Filed 3-23-20; 8:45 am]
BILLING CODE 4510-26-P


