• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    82:34980-34981
  • Standard Number:
  • Title:
    TUV Rheinland of North America, Inc.: Application for Expansion of Recognition and Application for Reduction in Scope of Recognition
  [Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
  [Notices]
  [Pages 34980-34981]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-15877]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2007-0042]


  TUV Rheinland of North America, Inc.: Application for Expansion
  of Recognition and Application for Reduction in Scope of Recognition

  AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

  ACTION: Notice.

  -----------------------------------------------------------------------

  SUMMARY: In this notice, OSHA announces the application of TUV
  Rheinland of North America, Inc. (TUVRNA), for expansion of its
  recognition as a Nationally Recognized Testing Laboratory (NRTL) and
  presents the Agency's preliminary finding to grant the application.
  Additionally, TUVRNA requests the removal of a test standard from its
  scope of recognition.

  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 August 11, 2017.

  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
  (202) 693-1648.
      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-2007-0042, Technical Data Center, U.S.
  Department of Labor, 200 Constitution Avenue NW., Room N-3653,
  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 10:00 a.m.-3:00 p.m., e.t.
      4. Instructions: All submissions must include the Agency name and
  the OSHA docket number (OSHA-2007-0042). 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 August 11, 2017 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-
  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, 200 Constitution Avenue
  NW., Room N-3647, Washington, DC 20210; 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, 200
  Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
  (202) 693-2110 or email: robinson.kevin@dol.gov.

  SUPPLEMENTARY INFORMATION:

  I. Notice of the Application for Expansion

      The Occupational Safety and Health Administration is providing
  notice that TUV Rheinland of North America, Inc., is applying for
  expansion of its current recognition as an NRTL. TUVRNA requests the
  addition of one test standard to its NRTL scope of recognition. TUVRNA
  is further requesting the removal of a recognized test standard from
  its NRTL scope of recognition.
      OSHA recognition of an 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 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 TUVRNA, 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.
      TUVRNA currently has five facilities (sites) recognized by OSHA for
  product testing and certification, with its


  headquarters located at: TUV Rheinland of North America, Inc., 12
  Commerce Road, Newtown, Connecticut 06470. A complete list of TUVRNA's
  scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

  II. General Background on the Application

      TUVRNA submitted an application, dated September 30, 2015 (OSHA-
  2007-0042-0022), to expand its recognition to include one additional
  test standard. OSHA staff performed a comparability analysis and
  reviewed other pertinent information. OSHA did not perform any on-site
  reviews in relation to this application.
      Table 1 below lists the appropriate test standard found in TUVRNA's
  application for expansion for testing and certification of products
  under the NRTL Program.

    Table 1--Proposed Appropriate Test Standard for Inclusion in TUVRNA's
                          NRTL Scope of Recognition
  ------------------------------------------------------------------------
             Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 2202...........................  Electric Vehicle (EV) Charging
                                       System Equipment.
  ------------------------------------------------------------------------

      Additionally, TUVRNA submitted an application on April 7, 2017
  (OSHA-2007-0042-0025) to reduce their scope of recognition by one test
  standard. Table 2 below lists the recognized test standard that TUVRNA
  would like to remove from their scope of recognition.

    Table 2--Proposed Appropriate Test Standard for Removal From TUVRNA's
                          NRTL Scope of Recognition
  ------------------------------------------------------------------------
             Test standard                     Test standard title
  ------------------------------------------------------------------------
  UL 913............................  Standard for Intrinsically Safe
                                       Apparatus and Associated Apparatus
                                       for Use in Class I, II, III
                                       Division 1, Hazardous (Classified)
                                       Location.
  ------------------------------------------------------------------------

  III. Preliminary Findings on the Applications

      TUVRNA submitted an acceptable application for expansion of its
  scope of recognition. OSHA's review of the application file, and
  comparability analysis, indicate that TUVRNA can meet the requirements
  prescribed by 29 CFR 1910.7 for expanding its recognition to include
  the addition of this one test standard for NRTL testing and
  certification listed above. This preliminary finding does not
  constitute an interim or temporary approval of TUVRNA's application.
  Further, TUVRNA submitted an acceptable request to remove a recognized
  test standard from their NRTL scope of recognition.
      OSHA welcomes public comment as to whether TUVRNA meets the
  requirements of 29 CFR 1910.7 for expansion of its recognition as an
  NRTL. Additionally, OSHA requests comments on the application to remove
  one test standard from TUVRNA's NRTL scope of recognition. 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 the request 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-3653, 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-2007-0042.
      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 TUVRNA'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 its final decision in the
  Federal Register.

  IV. Authority and Signature

      Thomas M. Galassi, Acting 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. 1-2012 (77 FR 3912, Jan. 25,
  2012), and 29 CFR 1910.7.

      Signed at Washington, DC, on July 19, 2017.
  Thomas M. Galassi,
  Acting Deputy Assistant Secretary of Labor for Occupational Safety and
  Health.
  [FR Doc. 2017-15877 Filed 7-26-17; 8:45 am]
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