• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    82:7866-7867
  • Standard Number:
  • Title:
    TUV Rheinland of North America, Inc.: Grant of Expansion of Recognition and Modification to the NRTL Program's List of Appropriate Test Standards
  [Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
  [Notices]
  [Pages 7866-7867]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-01409]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2007-0042]


  TUV Rheinland of North America, Inc.: Grant of Expansion of
  Recognition and Modification to the NRTL Program's List of Appropriate
  Test Standards

  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 Rheinland of North America, Inc. as a
  Nationally Recognized Testing Laboratory (NRTL) and to add one new
  standard to the NRTL Program's List of Appropriate Test Standards.

  DATES: The expansion of the scope of recognition becomes effective on
  January 23, 2017.

  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 Rheinland of North America, Inc. (TUVRNA) as an
  NRTL. TUVRNA's expansion covers the addition of three recognized
  testing standards and two recognized testing and certification sites to
  its NRTL scope of recognition. Additionally, OSHA announces a
  modification to the NRTL Program's List of Appropriate Test Standards
  to include one additional test standard.
      OSHA recognition of an 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 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.
      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.
      TUVRNA submitted five applications, dated April 1, 2015 (OSHA-2007-
  0042-0016), May 6, 2015 (OSHA-2007-0042-0017), August 20, 2015 (OSHA-
  2007-0042-0018), December 7, 2015 (OSHA-2007-0042-0019) and March 2,
  2016 (OSHA-2007-0042-0020), to expand its recognition to include three
  additional recognized test standards and two additional recognized
  sites. The two recognized testing sites are located at: TUV Rheinland
  Japan Ltd., Global Technology Assessment Center, 4-25-2 Kita-Yamata,
  Tsuzuki-ku, Yokohama, Kanagawa, 224-0021 JAPAN and TUV Rheinland LGA
  Products GmbH, Am Grauen Stein 29, Koln, NRW 51105 GERMANY. OSHA staff
  performed a detailed analysis of the applications and other pertinent
  information. OSHA staff also performed on-site reviews of TUV Yokohama
  on February 16-17, 2016, and TUV Cologne on June 9-10, 2016, and
  recommended expansion of TUVRNA's recognition to include these two
  sites. Further, OSHA staff recommended expansion of TUVRNA's
  recognition to include three test standards, including one OSHA has
  added to the NRTL Program's List of Appropriate Test Standards.
      OSHA published the preliminary notice announcing TUVRNA's expansion
  application and modification to the NRTL Program's List of Appropriate
  Test Standards in the Federal Register on October 31, 2016 (81 FR
  75444). The Agency requested comments by November 15, 2016, but it
  received no comments in response to this notice. OSHA now is proceeding
  with this final notice to grant expansion of TUVRNA's scope of
  recognition and to modify the NRTL Program's List of Appropriate Test
  Standards.
      To obtain or review copies of all public documents pertaining to
  the TUVRNA'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-2007-0042 contains all materials
  in the record concerning TUVRNA's recognition.

  II. Final Decision and Order

      OSHA staff examined TUVRNA's expansion application, conducted a
  detailed on-site assessment, and examined other pertinent information.
  Based on its review of this evidence, OSHA finds that TUVRNA meets the
  requirements of 29 CFR 1910.7 for expansion of its recognition, subject
  to the limitations and conditions listed below. OSHA, therefore, is
  proceeding with this final notice to grant TUVRNA's scope of
  recognition. OSHA limits the expansion of TUVRNA's recognition to
  include the sites at TUV Cologne, Germany and TUV Yokohama, Japan as
  listed above. OSHA's recognition of these sites limits TUVRNA 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 TUVRNA's scope of recognition. This
  limitation is consistent with the recognition that OSHA grants to other
  NRTLs that operate multiple sites. OSHA further limits the expansion of
  TUVRNA's recognition to testing and certification of products for
  demonstration of conformance to the test standards listed in Table 1
  below.
      Additionally, Table 2, below, lists the test standard new to the
  NRTL Program's List of Appropriate Test Standards. The Agency evaluated
  the standard to (1) verify it represents a product category for which
  OSHA requires certification by an 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). Based on this evaluation, OSHA
  finds that it is an appropriate test standard and has added the
  standard to the NRTL Program's List of Appropriate Test Standards.

    Table 1--List of Appropriate Test Standards for Inclusion in TUVRNA's
                          NRTL Scope of Recognition
  ------------------------------------------------------------------------
             Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 62368-1........................  Audio/video, information and
                                       technology equipment--Part 1:
                                       Safety Requirements.
  UL 1004-1.........................  Standard for Rotating Electrical
                                       Machines--General Requirements.
  UL 62109-1 *......................  Standard for Safety of power
                                       converters for use in photovoltaic
                                       power systems--Part 1: General
                                       requirements.
  ------------------------------------------------------------------------
  * Represents the standard that OSHA will add to the NRTL List of
    Appropriate Test Standards.


     Table 2--Test Standard OSHA Is Adding to the NRTL Program's List of
                         Appropriate Test Standards
  ------------------------------------------------------------------------
             Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 62109-1........................  Standard for Safety of power
                                       converters for use in photovoltaic
                                       power systems--Part 1: General
                                       requirements.
  ------------------------------------------------------------------------

      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,
  TUVRNA also must abide by the following conditions of the recognition:
      1. TUVRNA 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. TUVRNA must meet all the terms of its recognition and comply
  with all OSHA policies pertaining to this recognition; and
      3. TUVRNA must continue to meet the requirements for recognition,
  including all previously published conditions on TUVRNA'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
  recognition of TUVRNA, subject to the limitations and conditions
  specified above.

  III. 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 January 11, 2017.
  David Michaels,
  Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-01409 Filed 1-19-17; 8:45 am]
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