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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
appropriate test standard CPL 0100
004, NRTL Program Policies, Procedures and Guidelines Directive NRTL
Program Directive, Ch. 2.IX.C.1. It is OSHAs policy to remove recognition of withdrawn test standards by issuing a correction notice in the Federal Register for all NRTLs recognized for the withdrawn test standards Id..
However, SDOs frequently will designate a replacement standard for withdrawn standards. OSHA will recognize a NRTL for an appropriate replacement test standard if the NRTL
has the requisite testing and evaluation capability for the replacement test standard NRTL Program Directive, Ch.
2.IX.C.2.
One method that NRTLs may use to show such capability involves an analysis to determine whether any testing and evaluation requirements of existing test standards in a NRTLs scope are comparable i.e., are completely or substantially identical to the requirements in the replacement test standard NRTL Program Directive, Ch.
2.IX.C.3. If OSHAs analysis shows the replacement test standard does not require additional or different technical capability than an existing test standards, and the replacement test standard is comparable to the existing test standards, then OSHA can add the replacement test standard to affected NRTLs scope of recognition. If OSHAs analysis shows the replacement test standard requires an additional or different technical capability, or the replacement test standard is not comparable to any existing test standards, each affected NRTL seeking to have OSHA add the replacement test standard to the NRTLs scope of recognition must provide information to OSHA that demonstrates technical capability NRTL Program Directive, Ch.
2.IX.D.

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C. Other Reasons for Removal of Test Standards From the NRTL List of Appropriate Test Standards OSHA may choose to remove a test standard from the NRTL list of appropriate test standards based on an internal review in which NRTL Program staff review the NRTL list of appropriate test standards to determine if the test standards conform to the definition of an appropriate test standard defined in
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NRTL Program regulations and policy.
There are several reasons for removing a test standard based on this review.
First, a document that provides the methodology for a single test is a test method rather than an appropriate test standard 29 CFR 1910.7c. A test standard must specify the safety requirements for a specific type of products NRTL Program Directive, Ch. 2.VIII.C.1. A test method, however, is a specified technical procedure for performing a test. As such, a test method is not an appropriate test standard. While a NRTL may use a test method to determine if certain safety requirements are met, a test method is not itself a safety requirement for a specific product category.
Second, a document that focuses primarily on usage, installation, or maintenance requirements, and not safety requirements i.e., features, parts, capabilities, usage limitations, or installation requirements that would create a potential hazard in operating the equipment if not properly used, would also not be considered an appropriate test standard NRTL
Program Directive, Ch. 2.VIII.C.1. In some cases, however, a document may also provide safety test specifications in addition to usage, installation, and maintenance requirements. In such cases, the document would be retained as an appropriate test standard based on the safety test specifications.
Finally, a document may not be considered an appropriate test standard if the document covers products for which OSHA does not require testing and certification NRTL Program Directive, Ch. 2.VIII.C.2. Similarly, a document that covers electrical product components would not be considered an appropriate test standard. These documents apply to types of components that have limitations or conditions on their use, which are not appropriate for use as end-use products.
These documents also specify that these types of components are for use only as part of an end-use product. NRTLs, however, evaluate such components only in the context of evaluating whether end-use products requiring NRTL approval are safe for use in the workplace. Accordingly, as a matter of policy, OSHA considers that documents
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covering such components are not appropriate test standards under the NRTL Program. OSHA notes, however, that it is not proposing to delete from NRTLs scope of recognition any test standards covering end-use products that contain such components.
In addition, OSHA notes that, to conform to a test standard covering an end-use product, a NRTL must still determine that the components in the product comply with the components specific test standards. In making this determination, NRTLs may test the components themselves, or accept the testing of a qualified testing organization that a given component conforms to the particular test standard.
OSHA reviews each NRTLs procedures to determine which approach the NRTL
will use to address components, and reviews the end-use product testing to verify that the NRTL appropriately addresses that products components.
II. Proposal To Delete Test Standards From the NRTL Programs List of Appropriate Test Standards and Incorporate Into the List of Appropriate Test Standards a Replacement Test Standard For a Withdrawn Test Standard In this notice, OSHA proposes to delete several test standards from the NRTL Programs list of appropriate test standards. OSHA also proposes to incorporate into the NRTL Programs list of appropriate test standards a replacement test standard for a withdrawn test standard.
Table 1 lists the test standards that OSHA proposes to delete from the NRTL Programs List of Appropriate Test Standards, as well as an abbreviated rationale for OSHAs proposed action. Additionally, Table 1
lists the replacement test standard that OSHA proposes to incorporate into the NRTL Programs List of Appropriate Test Standards. OSHA seeks comment on this preliminary determination.
OSHA notes that Table 1 lists the subject test standards and the proposed action with regard to each of these test standards without indicating how the proposed action will affect individual NRTLs. Section III of this notice discusses how the proposed action will affect individual NRTLs.

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