[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17339-17340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06411]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0043]
TUV SUD 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.
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SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for TUV SUD America, Inc. as a Nationally
Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the
final decision to add two test standards to the NRTL Program's list of
appropriate test standards.
DATES: The expansion of the scope of recognition becomes effective on
March 28, 2022.
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, 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, phone:
(202) 693-2110 or email: robinson.kevin@dol.gov.
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 a NRTL. TUVAM's
expansion covers the addition of eight test standards to the NRTL scope
of recognition, two of which OSHA will add to the NRTL Program's List
of Appropriate Test Standards.
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 of the products.
The agency processes applications by a NRTL for initial recognition
and for an 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 a 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 http://www.osha.gov/dts/otpca/nrtl/index.html.
TUVAM submitted an application, dated May 26, 2021, to expand their
recognition as a NRTL to include eight additional test standards (OSHA-
2007-0043-0038). OSHA staff performed a detailed analysis of the
application packet and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to this application.
OSHA published the preliminary notice announcing TUVAM's expansion
application in the Federal Register on February 18, 2022 (87 FR 9387).
The agency requested comments by March 7, 2022, but it received no
comments in response to this notice. OSHA is now proceeding with this
final notice to grant expansion of TUVAM's scope of recognition and
modification to the NRTL Program's List of Appropriate Test Standards.
To obtain or review copies of all public documents pertaining to
TUVAM's application, go to https://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2007-0043 contains all materials
in the record concerning TUVAM's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at (202) 693-2350 (TTY (877) 889-5627).
II. Final Decision and Order
OSHA staff examined TUVAM's expansion application, its capability
to meet the requirements of the test standards, and 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 limitations and conditions listed in this
notice. 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 below in Table 1.
Table 1--List of Appropriate Test Standards for Inclusion in TUVAM's
NRTL Scope of Recognition
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Test standard Test standard title
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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.
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* Represents the standards that OSHA is adding to the NRTL Program's
List of Appropriate Test Standards.
In this notice, OSHA also announces the final decision to add two
new test standards to the NRTL Program's List of Appropriate Test
Standards. Table 2 below lists the standards that are new to the NRTL
Program. OSHA has determined that these test standards are appropriate
test standards and will add them to the NRTL Program's List of
Appropriate Test Standards.
Table 2--Standards OSHA Is Adding to the NRTL Program's List of
Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
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UL 60947-4-2.................... Low-voltage Switchgear and
Controlgear--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.
------------------------------------------------------------------------
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 01-00-
004, Chapter 2, Section VIII), only standards determined to be
appropriate test standards may be approved for NRTL recognition. 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 a 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 limitations and
conditions specified above. OSHA also adds two standards to the NRTL
Program's List of Appropriate Test Standards.
III. Authority and Signature
James S. Frederick, Deputy 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. 8-2020 (85 FR 58393, September 18, 2020)
and 29 CFR 1910.7.
Signed at Washington, DC, on March 22, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-06411 Filed 3-25-22; 8:45 am]
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