[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9387-9389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03536]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0043]
TUV SUD America, Inc.: Application for Expansion of Recognition
and Proposed 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 the application of TUV SUD
America, Inc. (TUVAM) for expansion of recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the agency's
preliminary finding to grant the application.
Additionally, OSHA proposes to add two test standards to the NRTL
Program's List of Appropriate Test Standards.
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 March 7, 2022.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket are
listed in the https://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. Please
note: While OSHA's docket office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the rulemaking record by express delivery, hand delivery, and messenger
service.
Instructions: All submissions must include the agency name and OSHA
docket number for this Federal Register notice (OSHA-2007-0043). OSHA
places comments and other materials, including any personal
information, in the public docket without revision, and these materials
will be available online at https://www.regulations.gov. Therefore, the
agency cautions commenters about submitting statements they do not want
made available to the public, or submitting comments that contain
personal information (either about themselves or others) such as Social
Security numbers, birth dates and medical data.
Extension of comment period: Submit requests for an extension of
the comment period on or before March 7, 2022 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-3655, 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, U.S. Department of Labor by 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, U.S. Department of Labor by phone
(202) 693-2110 or email robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that TUV SUD America, Inc. (TUVAM) is
applying for expansion of the current recognition as a NRTL. TUVAM
requests the addition of eight test standards to their 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 its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
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 an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A, 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. 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,
including TUVAM, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at: https://www.osha.gov/dts/otpca/nrtl/index.html.
TUVAM currently has seven facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
TUV SUD America, Inc., 401 Edgewater Place, Suite 500, Wakefield, MA
01880. A complete list of TUVAM's scope of recognition (including
sites) recognized by OSHA is available at: https://www.osha.gov/dts/otpca/nrtl/tuvam.html.
II. General Background on the Application
TUVAM submitted an application, dated May 26, 2021 (OSHA-2007-0043-
0038), to expand their recognition to include eight additional test
standards. OSHA staff performed detailed analysis of the application
packet and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to this application.
Table 1 below lists the appropriate test standards found in TUVAM's
application for expansion for testing and certification of products
under the NRTL Program.
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
TUVAM's NRTL Scope of Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 698A...................... Industrial Control Panels Related to
Hazardous (Classified) Locations.
UL 1004-9.................... Standard for Form Wound and Medium
Voltage Rotating Electrical Machines.
UL 60947-1................... Low-voltage Switchgear and Controlgear--
Part 1: General Rules.
UL 60947-4-1................. Standard for Low-voltage Switchgear and
Controlgear--Part 4-1: Contactors and
Motor-Starters--Electromechanical
Contactors and Motor-Starters.
* UL 60947-4-2............... Low-voltage Switchgear and Controlgear--
Part 4-2: Contactors and Motor-Starters--
Electromechanical Contactors and Motor-
Starters.
UL 60947-5-1................. Low-voltage Switchgear and Controlgear--
Part 5-1: Control Circuit Devices and
Switching Elements--Electromechanical
Control Circuit Devices.
UL 60947-5-2................. Low-voltage Switchgear and Control Gear--
Part 5-2: Control Circuit Devices and
Switching Elements--Proximity Switches.
* UL 60947-5-5............... Standard for Low-voltage Switchgear and
Controlgear--Part 5-5: Control Circuit
Switches and Switching Elements--
Electrical Emergency Stop Device with
Mechanical Latching Function.
------------------------------------------------------------------------
* In this notice, OSHA also proposes to add this test standard to the
NRTL Program's List of Appropriate Test Standards.
III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards
Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
agency evaluates the document to: (1) Verify it represents a product
category for which OSHA requires certification by a NRTL; (2) verify
the document represents a product and not a component; and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become aware
of new test standards by: (1) Monitoring notifications issued by
certain Standards Development Organizations; (2) reviewing applications
by NRTLs or applicants seeking recognition to include new test
standards in their scopes of recognition; and (3) obtaining
notification from manufacturers, manufacturing organizations,
government agencies, or other parties. OSHA may determine to include a
new test standard in the list, for example, if the test standard is for
a particular type of product that another test standard also covers or
it covers a type of product that no standard previously covered.
In this notice, OSHA proposes to add two new test standards to the
NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standards that are new to the NRTL Program. OSHA
preliminarily determined that these test standards are appropriate test
standards. OSHA seeks public comment on this preliminary determination.
Table 2--Standards OSHA Is Proposing To Add to the NRTL Program's List
of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 60947-4-2................. Low-voltage Switchgear and Control Gear--
Part 4-2: Contactors and Motor-Starters--
Electromechanical Contactors and Motor-
Starters.
UL 60947-5-5................. Standard for Low-voltage Switchgear and
Controlgear--Part 5-5: Control Circuit
Switches and Switching Elements--
Electrical Emergency Stop Device with
Mechanical Latching Function.
------------------------------------------------------------------------
IV. Preliminary Findings on the Application
TUVAM submitted an acceptable application for expansion of the NRTL
scope of recognition. OSHA's review of the application file, and
pertinent documentation, indicate that TUVAM can meet the requirements
prescribed by 29 CFR 1910.7 for expanding their recognition to include
the addition of these eight test standards for NRTL testing and
certification listed above. This preliminary finding does not
constitute an interim or temporary approval of TUVAM's application.
OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of the recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, at the above address. These materials also
are available online at https://www.regulations.gov under Docket No.
OSHA-2007-0043.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health as to whether to grant TUVAM's
application for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of its final decision in the
Federal Register.
V. Authority and Signature
Douglas L. Parker, 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 Section 29 U.S.C. 657(g)(2), Secretary
of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020), and 29 CFR
1910.7.
Signed at Washington, DC.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-03536 Filed 2-17-22; 8:45 am]
BILLING CODE 4510-26-P
