[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6554-6556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01978]
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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
February 1, 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 three test 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 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 an application, dated November 22, 2021 (OSHA-2007-
0043-0049), to expand their recognition to include three additional
test standards to the NRTL scope of recognition. 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 November 7, 2023 (88 FR 76860).
The agency requested comments by November 22, 2023, and it received one
comment in response to this notice. The comment, OSHA-2007-0043-0053
questioned whether TUVAM has the capability of meeting the testing
requirement in clause 13.1 of UL 2054. In response to this comment,
OSHA reviewed the documentation submitted with the application and
determined that TUVAM meets the OSHA requirements for the full testing
capability for UL 2054. 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
application, 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 application 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 listed in
this notice. 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 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 1973...................... Batteries for Use in Stationary, Vehicle
Auxiliary Power and Light Electric Rail
(LER) Applications.
UL 2054...................... Household and Commercial Batteries.
UL 2271...................... Batteries for Use in Light Electric
Vehicle (LEV) Applications.
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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, OSHA may use the designation of the standards-
developing organization for the standard as opposed to the ANSI
designation. Under the NRTL Program's policy (see OSHA Instruction CPL
01-00-004, Chapter 2, Section VIII), 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
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, on January 26, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-01978 Filed 1-31-24; 8:45 am]
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