[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81436-81438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25758]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0043]
TUV SUD America, Inc.: Applications for Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the applications 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 applications.
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 December 7, 2023.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2007-0043). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket
(including this Federal Register notice) are listed in the http://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.
Extension of comment period: Submit requests for an extension of
the comment period on or before December 7, 2023 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-3653, 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) 693-1911 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Applications 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 two recognized testing standards and one
recognized testing site 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 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/nationally-recognized-testing-laboratory-program.
TUVAM currently has sixteen 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/nationally-recognized-testing-laboratory-program.
II. General Background on the Applications
TUVAM submitted two applications to OSHA for expansion of the NRTL
scope of recognition. The first application, dated June 8, 2020 (OSHA-
2007-0043-0051), requested the expansion of the NRTL scope of
recognition to include one additional test site located at: Daimlerstr,
40 Frankfurt am Main, Hessen 60314 Germany. The second application
dated July 12, 2021 (OSHA-2007-0043-0052), requested the expansion of
the NRTL scope of recognition to include two additional test standards
that were removed from another NRTL expansion application (see OSHA-
2007-0043-0042). In that application, TUVAM originally requested the
addition of five standards to their scope of recognition on July 12,
2021. That application was amended to remove two standards, and the
final Federal Register notice announcing the expansion of the NRTL
scope of recognition to include the other three standards was published
on June 29, 2022 (see 87 FR 38784). This notice covers the remaining
two standards from the July 12, 2021, expansion application and the
requested testing site. OSHA staff performed an on-site review of
TUVAM's testing facilities at TUVAM Frankfurt on June 14-15, 2023, in
which assessors found some nonconformances with the requirements of 29
CFR 1910.7. TUVAM has addressed these issues sufficiently, and OSHA
staff has preliminarily determined that OSHA should grant the
applications.
Table 1 below lists the appropriate test standards found in TUVAM's
applications 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
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Test standard Test standard title
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UL 61010-2-040....................... Safety Requirements for
Electrical Equipment for
Measurement, Control and
Laboratory Use--Part 2-040:
Particular Requirements for
Sterilizers and Washer-
Disinfectors Used to Treat
Medical Materials.
UL 61010-2-091....................... Standard for Safety Requirements
for Electrical Equipment for
Measurement, Control and
Laboratory Use--Part 2-091:
Particular Requirements for
Cabinet X-Ray Systems.
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III. Preliminary Findings on the Applications
TUVAM submitted acceptable applications 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 two additional testing standards and one additional
testing site for NRTL testing and certification. This preliminary
finding does not constitute an interim or temporary approval of TUVAM's
applications. OSHA seeks comment on this preliminary determination.
IV. Public Participation
OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of 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 by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online athttps://www.regulations.gov under Docket No. OSHA-2007-0043 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant TUVAM's
applications for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the applications. 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 the final decision in the
Federal Register.
V. 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 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.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-25758 Filed 11-21-23; 8:45 am]
BILLING CODE 4510-26-P
