[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2650-2651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00621]
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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
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. (TUVAM) as a
Nationally Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of recognition becomes effective on
January 16, 2024.
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; telephone:
(202) 693-1911; 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 for TUV SUD America Inc. (TUVAM). TUVAM's expansion covers
the addition of two test 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 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 its 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 preliminarily determined that OSHA should grant the applications.
OSHA published the preliminary notice announcing TUVAM's expansion
applications in the Federal Register on November 22, 2023 (88 FR
81436). The agency requested comments by December 7, 2023, but it
received no comments in response to this notice. OSHA now is proceeding
with this final notice to grant expansion of TUVAM's NRTL scope of
recognition.
To review copies of all public documents pertaining to TUVAM's
applications, go to http://www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor at (202) 693-2350. Docket No. OSHA-2007-0043 contains all
materials in the record concerning TUVAM's recognition. All
submissions, including copyrighted material, are available for
inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 for assistance in locating docket submissions.
II. Final Decision and Order
OSHA staff examined TUVAM's expansion applications, conducted a
detailed on-site assessment, and
examined 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. OSHA, therefore, is proceeding with this final notice to
grant TUVAM's expanded scope of recognition. OSHA limits the expansion
of TUVAM's recognition to include the site at Frankfurt, Germany listed
above and the testing and certification of products for demonstration
of conformance to the test standards shown 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 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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OSHA's recognition of the site limits TUVAM 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
TUVAM's scope of recognition. 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.
A. Conditions
Recognition is contingent on continued compliance with 29 CFR
1910.7, including but not limited to, abiding by the following
conditions of 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 as a NRTL, subject to the limitations and
conditions specified above.
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; 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. 2024-00621 Filed 1-12-24; 8:45 am]
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