[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)][Notices][Pages 10917-10918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04526]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0043]
TUV SUD America Inc.: Grant of Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for TUV SUD America, Inc. as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of recognition becomes effective on
March 2, 2016.
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, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; 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, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email: robinson.kevin@dol.gov. OSHA's Web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the expansion of the scope of
recognition of TUV SUD America, Inc. (TUVAM) as an NRTL. TUVAM's
expansion covers the addition of fifteen test standards and one
recognized testing and certification site to its scope of recognition.
OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
The Agency processes applications by an NRTL for initial
recognition, or for 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 its preliminary finding and, in the second
notice, the Agency provides its 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 that details its scope of recognition. These pages are
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
TUVAM submitted an application, dated October 16, 2014, (OSHA-2007-
0043-0014) to expand its recognition to include fifteen additional test
standards and one additional recognized testing and certification site
located at: TUV SUD, 1229 Ringwell Drive, Newmarket, ON, L3Y 8T8,
Canada. OSHA staff performed a detailed analysis of the application,
including a comparability analysis, and reviewed other pertinent
information. OSHA performed an on-site review of TUVAM's testing and
certification facility in Newmarket, ON Canada on July 14-15, 2015, in
which assessors found nonconformances with the requirements of 29 CFR
1910.7. TUVAM addressed these issues sufficiently, and OSHA staff
recommended expansion of TUVAM's recognition to include these standards
and this site.
OSHA published the preliminary notice announcing TUVAM's expansion
application in the Federal Register on December 7, 2015 (80 FR 76045).
The Agency requested comments by December 22, 2015, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of TUVAM's scope of recognition.
To obtain or review copies of all public documents pertaining to
TUVAM's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. OSHA-2007-0043 contains all materials in the record
concerning TUVAM's recognition.
II. Final Decision and Order
OSHA staff examined TUVAM's expansion application, its capability
to meet the requirements of the test standards, conducted a detailed
on-site assessment, and reviewed other pertinent information. Based on
its review of this evidence, OSHA finds that TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of its recognition, subject
to the limitation and conditions listed below. OSHA, therefore, is
proceeding with this final notice to grant TUVAM's scope of
recognition. OSHA limits the expansion of TUVAM's recognition to
testing and certification of products for demonstration of conformance
to the test standards listed in Table 1 below. Further, OSHA limits the
expansion of TUVAM's recognition to include the site at TUV SUD,
Newmarket, ON Canada as listed above. OSHA's recognition of this site
limits TUVAM to performing product testing and certifications only to
the test standards for which the site has the proper capability and
programs, and for test standards in TUVAM's scope of recognition. These
limitations are consistent with the recognition that OSHA grants to
other NRTLs that operate multiple sites.
Table 1--List Appropriate Test Standards for Inclusion in TUVAM's NRTL
Scope of Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 2202.......................... Standard for Electric Vehicle (EV)
Charging System Equipment.
ANSI Z83.8....................... Gas Unit Heaters, Gas Utility Heaters
and Gas-Fired Duct Furnaces.
ANSI Z21.13...................... Gas-Fired Low Pressure Steam and Hot
Water Boilers.
UL 795........................... Standard for Commercial-Industrial
Gas Heating Equipment.
UL 726........................... Standard for Oil-Fired Boiler
Assemblies.
UL 727........................... Standard for Oil-Fired Central
Furnaces.
ANS Z21.10.3..................... Gas-Fired Water Heaters--Volume III,
Storage Water Heaters With Input
Ratings Above 75,000 BTU Per Hour,
Circulating and Instantaneous.
UL 484........................... Standard for Room Air Conditioners.
UL 705........................... Standard for Power Ventilators.
UL 1812.......................... Standard for Ducted Heat Recovery
Ventilators.
UL 1815.......................... Standard for Non-ducted Heat Recovery
Ventilators.
UL 412........................... Standard for Refrigeration Unit
Coolers.
UL 1042.......................... Standard for Electric Baseboard
Heating Equipment.
UL 1996.......................... Standard for Electric Duct Heaters.
UL 2021.......................... Standard for Fixed and Location-
Dedicated Electric Room Heaters.
------------------------------------------------------------------------
OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.
A. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
TUVAM must abide by the following conditions of the recognition:
1. TUVAM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
2. TUVAM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. TUVAM must continue to meet the requirements for recognition,
including all previously published conditions on TUVAM's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of TUVAM, subject to the limitation and conditions
specified above.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, 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 February 25, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-04526 Filed 3-1-16; 8:45 am]
BILLING CODE 4510-26-P
