[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)][Notices][Pages 76045-76047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30783]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0043]
TUV SUD America Inc.: Application for Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: In this notice, OSHA announces the application of TUV SUD
America Inc. for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL).
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 22, 2015.
ADDRESSES: Submit comments by any of the following methods:
1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2007-0043). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket 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 Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
6. Extension of comment period: Submit requests for an extension of
the comment period on or before December 22, 2015 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-3655, Washington, DC 20210, or by fax to (202) 693-
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, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
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, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email: firstname.lastname@example.org.
I. Notice of the Application for Expansion
The Occupational Safety and Health Administration is providing
notice that TUV SUD America Inc. (TUVAM) is applying for expansion of
its current recognition as an NRTL. TUVAM requests the addition of one
recognized testing and certification site and fifteen test standards to
its NRTL scope of recognition.
OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in Title 29, Code of Federal Regulations,
Section 1910.7 (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.
Recognition enables employers to use products approved by the NRTL to
meet OSHA standards that require product testing and certification.
The Agency processes applications by an 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 its preliminary finding. 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. 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 Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
Each NRTL's scope of recognition has three elements: (1) The type
of products the NRTL may test, with each type specified by its
applicable test standard; (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;
and (3) the supplemental program(s) that the NRTL may use. Each of
these elements allows the NRTL to rely on other parties to perform
activities necessary for product testing and certification.
TUVAM currently has three facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
TUD SUD America, Inc., 10 Centennial Drive, Peabody, MA 01960. A
complete list of TUVAM sites recognized by OSHA is available at
II. General Background on the Application
TUVAM submitted an application, dated October 16, 2014 (Exhibit 15-
3, Application to Add Test Site and Test Standards, OSHA-2007-0043), to
expand its recognition to include the addition of one recognized
testing and certification site located at: TUV SUD, 1229 Ringwell
Drive, Newmarket, ON, L3Y 8T8, Canada. Additionally, this application
seeks to expand its recognition to include fifteen additional test
standards. OSHA staff also performed an on-site review of TUVAM's
testing facilities in Newmarket, ON Canada on July 14-15, 2015, during
which the assessors found some nonconformances with the requirements of
29 CFR 1910.7. TUVAM addressed these issues sufficiently, and OSHA
staff preliminarily determined that OSHA should grant the application.
Table 1 below lists the appropriate test standards found in TUVAM's
application 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
Test standard Test standard title
UL 2202........................... Standard for Electric Vehicle (EV)
Charging System Equipment.
ANSI Z83.8........................ Gas Unit Heaters, Gas Utility
Heaters and Gas-Fired Duct
ANSI Z21.13....................... Gas-Fired Low Pressure Steam and Hot
UL 795............................ Standard for Commercial-Industrial
Gas Heating Equipment.
UL 726............................ Standard for Oil-Fired Boiler
UL 727............................ Standard for Oil-Fired Central
ANS Z21.10.3...................... Gas-Fired Water Heaters--Volume III,
Storage Water Heaters With Input
Ratings Above 75,000 BTU Per Hour,
Circulating and Instantaneous.
UL 484............................ Standard for Room Air Conditioners.
UL 705............................ Standard for Power Ventilators.
UL 1812........................... Standard for Ducted Heat Recovery
UL 1815........................... Standard for Non-ducted Heat
UL 412............................ Standard for Refrigeration Unit
UL 1042........................... Standard for Electric Baseboard
UL 1996........................... Standard for Electric Duct Heaters.
UL 2021........................... Standard for Fixed and Location-
Dedicated Electric Room Heaters.
III. Preliminary Finding on the Application
TUVAM submitted an acceptable application for expansion of its
scope of recognition. OSHA's review of the application file and its
detailed on-site assessment indicate that TUVAM can meet the
requirements prescribed by 29 CFR 1910.7 for expanding its recognition
to include the addition of one site and fifteen standards for NRTL
testing and certification. This preliminary finding does not constitute
an interim or temporary approval of TUVAM's application.
OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
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. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2007-0043.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant TUVAM's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. 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 this final decision in the
Authority and Signature
David Michaels, Ph.D., MPH, 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. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on December 2, 2015.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-30783 Filed 12-4-15; 8:45 am]
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