DEKRA Certification Inc.: Application for Expansion of Recognition

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Federal RegisterSep 12, 2024
89 Fed. Reg. 74294 (Sep. 12, 2024)
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    Department of Labor Occupational Safety and Health Administration
  • [Docket No. OSHA-2019-0009]
  • AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    In this notice, OSHA announces the application of DEKRA Certification Inc., for expansion of the recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the agency's preliminary finding to grant the application.

    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 September 27, 2024.

    ADDRESSES:

    Comments may be submitted as follows:

    Electronically: You may submit comments, including attachments, electronically at http://www.regulations.gov, the Federal eRulemaking Portal. Follow the online instructions for submitting comments.

    Instructions: All submissions must include the agency's name and the docket number for this rulemaking (Docket No. 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, OSHA cautions commenters about submitting information they do not want made available to the public, or submitting materials that contain personal information (either about themselves or others), such as Social Security numbers and birthdates.

    Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov. 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.

    Extension of comment period: Submit requests for an extension of the comment period on or before September 27, 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, phone: (202) 693-1999 or 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, phone: (202) 693-1911 or email: robinson.kevin@dol.gov.

    SUPPLEMENTARY INFORMATION:

    I. Notice of the Application for Expansion

    OSHA is providing notice that DEKRA Certification Inc. (DEKRA), is applying for expansion of the current recognition as a NRTL. DEKRA requests the addition of seventeen test standards to the 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 a NRTL for initial recognition and for an expansion or renewal of this 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 a 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 the NRTL's scope of recognition. These pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.

    DEKRA currently has two facilities (sites) recognized by OSHA for product testing and certification, with the headquarters located at: DEKRA Certification Inc., 405 Glenn Drive, Suite 12, Sterling, Virginia 20164. A complete list of DEKRA's scope of recognition is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/dekra.

    II. General Background on the Application

    DEKRA submitted an application to OSHA for expansion of the NRTL scope of recognition on December 24, 2021 (OSHA-2019-0009-0007), requesting the addition of twenty-nine recognized testing standards. The application was amended on February 1, 2023 (OSHA-2019-0009-0008), removing eight standards from the original request, while adding an additional standard to the expansion application. The December 2021 expansion application was amended a second time on June 21, 2023 (OSHA-2019-0009-0009) to withdraw three standards from the December 2021 application. The December 2021 application was amended a third time on February 28, 2024 (OSHA-2019-0009-0010), to withdraw two standards from the original request. This notice covers the remaining seventeen standards. OSHA staff performed a detailed analysis of the application packets and reviewed other pertinent information. OSHA performed an on-site review of DEKRA's Arnhem, Netherlands site on June 5-7, 2023, in which assessors found some nonconformances with the requirements of 29 CFR 1910.7. DEKRA addressed these issues sufficiently, and OSHA staff has preliminarily determined that OSHA should grant the application.

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

    Table 1—Proposed Appropriate Test Standards for Inclusion in DEKRA's NRTL Scope of Recognition

    Test standard Test standard title
    UL 197 Commercial Electric Cooking Appliances.
    UL 499 Electric Heating Appliances.
    UL 507 Electric Fans.
    UL 508 Industrial Control Equipment.
    UL 674 Electric Motors and Generators for Use in Hazardous (Classified) Locations.
    UL 749 Household Dishwashers.
    UL 921 Commercial Electric Dishwashers.
    UL 923 Microwave Cooking Appliances.
    UL 1017 Vacuum Cleaners, Blower Cleaners and Household Floor Finishing Machines.
    UL 1026 Household Electric Cooking and Food-Serving Appliances.
    UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances.
    UL 1206 Electric Commercial Clothes-Washing Equipment.
    UL 2054 Household and Commercial Batteries.
    UL 2158 Electric Clothes Dryers.
    UL 60079-28 Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation.
    UL 60730-2-7 Automatic Electrical Controls for Household and Similar Use: Part 2: Particular Requirements for Timers and Time Switches.
    NFPA 496 Purged and Pressurized Enclosures for Electrical Equipment.