[Federal Register: July 24, 2006 (Volume 71, Number 141)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL3-92]
TUV Rheinland of North America, Inc., Application for Expansion
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the application of TUV Rheinland of
North America, Inc., (TUV) for expansion of its recognition to use
additional test standards, and presents the Agency's preliminary
finding to grant this request for expansion. This preliminary finding
does not constitute an interim or temporary approval of this
DATES: You must submit information or comments, or any request for
extension of the time to comment, by the following dates:
Hard copy: postmarked or sent by August 8, 2006.
Electronic transmission or facsimile: sent by August 8,
ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL3-92--by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: http://ecomments.osha.gov. Follow the
instructions for submitting comments on OSHA's Web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery and courier
service: Submit three copies to the OSHA Docket Office, Docket No.
NRTL3-92, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY
number is (877) 889-5627). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
Instructions: All comments received will be posted without change
to http://dockets.osha.gov, including any personal information
provided. OSHA cautions you about submitting personal information such
as social security numbers and birth dates.
Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA
Docket Office for information about materials not available through the
OSHA Web page and for assistance in using the Web page to locate docket
Extension of Comment Period: Submit requests for extensions
concerning this notice to the Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3655, Washington, DC 20210. Or, fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: Director, Office of Technical Programs
and Coordination Activities, NRTL Program, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room N-3655, Washington, DC 20210, or phone (202) 693-
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that TUV Rheinland of North America, Inc., (TUV) has applied
for expansion of its current recognition as a Nationally Recognized Testing
Laboratory (NRTL). TUV's expansion request covers the use of additional test
standards. OSHA's current scope of recognition for TUV may be found in the
following informational Web page: http://www.osha.gov/dts/otpca/nrtl/tuv.html.
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (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 and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products ``properly certified'' \1\ by
the NRTL to meet OSHA standards that require testing and certification.
\1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
The Agency processes applications by an NRTL for initial
recognition or for 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 its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
The most recent notice published by OSHA specifically related to
TUV's recognition granted an expansion of its NRTL scope, which became
effective on June 20, 2003 (68 FR 37030).
The current address of the TUV facility already recognized by OSHA
TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, CT
General Background on the Application
TUV has submitted an application, dated December 20, 2004 (see
Exhibit 32-1) to expand its recognition to include 5 additional test
standards. TUV then amended its application through follow-up requests
to add 4 more test standards to its request (see Exhibit 32-2). The
NRTL Program staff has determined that each of these nine standards is
an ``appropriate test standard'' within the meaning of 29 CFR
1910.7(c). However, one of the standards is already in TUV's scope.
Therefore, OSHA would approve eight test standards for the expansion.
Following review of the application, OSHA deferred action on this
notice pending resolution by the NRTL of certain findings from our on-
site visit of the NRTL. These findings have been satisfactorily
resolved, permitting this notice to be processed. This notice has also
been delayed through no fault of the NRTL.
TUV seeks recognition for testing and certification of products for
demonstration of conformance to the following test standards:
UL 943 Ground-Fault Circuit-Interrupters
UL 991 Tests for Safety-Related Controls Employing Solid-State Devices
UL 1047 Isolated Power Systems Equipment
UL 1363 Relocatable Power Taps
UL 1662 Electric Chain Saws
UL 1664 Immersion-Detection Circuit-Interrupters
UL 1741 Inverters, Converters, Controllers and Interconnection System
Equipment for Use With Distributed Energy Resources
UL 1863 Communications-Circuit Accessories
The designations and titles of the above test standards were
current at the time of the preparation of this notice.
OSHA's recognition of TUV, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third party testing and certification
before use in the workplace. Consequently, if a test standard also
covers any product(s) for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
Many UL test standards also are approved as American National
Standards by the American National Standards Institute (ANSI). However,
for convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.
Preliminary Finding on the Application
TUV has submitted an acceptable request for expansion of its
recognition as an NRTL. In connection with this request, NRTL Program
assessment staff evaluated information pertinent to the request during
an on-site visit of the NRTL and recommended that TUV's recognition be
expanded to include the additional test standards (see Exhibit 32-3).
Our review of the application file, the staff's recommendation, and
other pertinent documents indicate that TUV can meet the requirements,
as prescribed by 29 CFR 1910.7, for the expansion for the eight
additional test standards listed above. This preliminary finding does
not constitute an interim or temporary approval of the application.
OSHA welcomes public comments, in sufficient detail, as to whether
TUV has met the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits.
Should you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. We may deny a request
for extension if it is not adequately justified. You may obtain or
review copies of TUV's requests, the staff's recommendation, and all
submitted comments, as received, by contacting the Docket Office, Room
N2625, Occupational Safety and Health Administration, U.S. Department
of Labor, at the above address. Docket No. NRTL3-92 contains all
materials in the record concerning TUV's application.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant TUV's expansion request. The Assistant Secretary will make the
final decision on granting the expansion and, in making this decision,
may undertake other proceedings that are prescribed in Appendix A to 29
CFR Section 1910.7. OSHA will publish a public notice of this final
decision in the Federal Register.
Signed at Washington, DC, this 15th day of June, 2006.
Edwin G. Foulke, Jr.,
[FR Doc. E6-11676 Filed 7-21-06; 8:45 am]
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