[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26160-26162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11741]
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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
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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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).
DATES: The expansion of the scope of recognition becomes effective on
June 5, 2019.
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 website 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 four recognized testing
and certification sites and two recognized testing standards to the
NRTL scope of recognition.
OSHA 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, 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 a 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 the preliminary finding and, in the second
notice, the agency provides the 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 the scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
TUVRNA submitted two applications, one dated March 30, 2016 (OSHA-
2007-0042-0030), and another dated April 19, 2017 (OSHA-2007-0042-
0031), to expand recognition to include the addition of four recognized
testing and certification sites. The sites are located at: TUV
Rheinland (Shenzhen) Co, Ltd, 1F East & 2-4F, Cybio Technology Building
No. 1, No. 16, Keibei 2nd Road, High-Tech Industrial Park North, Nashan
District, 518057 Shenzhen, China; TUV Rheinland (Shanghai) Co, Ltd, TUV
Rheinland Building No. 177, Lane 777, West Guangzhong Road, Zhabei
District, Shanghai 200072, P.R. China; TUV Rheinland Taiwan Ltd., 11F,
No. 758, Sec. 4, Bade Rd., Songshan District, Taipei City 105, Taiwan;
and TUV Rheinland Taiwan Ltd., Taichung Branch Office, No. 9, Lane 36,
Minsheng Rod., Sec. 3, Daya District, Taichung City 428, Taiwan.
TUVRNA's applications also requested the addition of two test standards
to the scope of recognition. OSHA staff performed a detailed analysis
of the application and other pertinent information. OSHA staff also
performed an on-site review of TUVRNA's testing facilities on August 7-
8, 2017, at TUV Rheinland Shanghai, August 10-11, 2017, at TUV
Rheinland Shenzhen, August 14-15, 2017, at TUV Rheinland Taipei, and
August 16, 2017, at TUV Rheinland Taichung, in which the assessors
found some nonconformances with the requirements of 29 CFR 1910.7.
TUVRNA addressed these issues sufficiently. OSHA staff recommended that
OSHA should grant the applications for expansion to include these four
sites and two test standards.
OSHA published the preliminary notice announcing TUVRNA's expansion
application in the Federal Register on July 30, 2018 (83 FR 36625). The
agency requested comments by August 14, 2018, 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.
To obtain or review copies of all public documents pertaining to
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-3655, 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 two
detailed on-site assessments, and examined other pertinent information.
Based on a review of this evidence, OSHA finds that TUVRNA meets the
requirements of 29 CFR 1910.7 for expansion of recognition, subject to
the limitation 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 four test sites at TUVRNA Shenzhen, China;
Shanghai, China; Taipei, Taiwan; and Taichung, Taiwan 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.
Additionally, OSHA is proceeding with this final notice to expand
TUVRNA's scope to include two additional test standards to the scope of
recognition. OSHA 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.
Table 1--List of Appropriate Test Standards for Inclusion in TUVRNA's
NRTL Scope of Recognition
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Test standard Test standard title
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NFPA 496.................................. Purged and Pressurized
Enclosures for Electrical
Equipment.
UL 698A................................... Industrial and
Classification of
Mercantile and Bank Burglar-
Alarm Systems.
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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, a
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, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. 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 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
scope of recognition of TUVRNA, subject to the limitation and
conditions specified above.
III. Authority and Signature
Loren Sweatt, Acting 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 May 30, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-11741 Filed 6-4-19; 8:45 am]
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