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    TUV SUD America, Inc.: Grant of Expansion of Recognition
[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01421]



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.


SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for TUV SUD America, Inc., as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
February 7, 2019.

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, phone: (202) 693-1999; email: 
    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; 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).


I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of TUV SUD America, Inc. (TUVAM), as a NRTL. TUVAM's 
expansion covers the addition of two test standards to the scope of 
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified by 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 approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    The Agency processes applications by a 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 a preliminary finding and, 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 that details the 
scope of recognition. These pages are available from the Agency's 
website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated June 12, 2017 (OSHA-2007-
0043-0023), to expand the recognition to include two additional test 
standards. OSHA staff performed a comparability analysis 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 July 24, 2018 (83 FR 35022). The 
Agency requested comments by August 8, 2018, and received one comment 
(OSHA-2007-0043-0025) in support of the application. OSHA now is 
proceeding with this final notice to grant expansion of TUVAM's scope 
of recognition.
    To obtain or review copies of all public documents pertaining to 
the TUVAM's application, go to www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW, Room N-2625, 
Washington, DC 20210. Docket No. OSHA-2007-0043 contains all materials 
in the record concerning TUVAM's recognition.

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability 
to meet the requirements of the test standards, and other pertinent 
information. Based on a review of this evidence, OSHA finds that TUVAM 
meets the requirements of 29 CFR 1910.7 for expansion of recognition, 
subject to the limitation and conditions outlined in this notice. OSHA, 
therefore, is proceeding with this final notice to grant TUVAM's scope 
of recognition. OSHA limits the expansion of TUVAM's recognition to 
testing and certification of products for demonstration of conformance 
to the test standards listed in Table 1.

  Table 1--List of Appropriate Test Standards for Inclusion in TUVAM's
                        NRTL Scope of Recognition
             Test standard                     Test standard title
UL 924.................................  Standard for Emergency Lighting
                                          and Power Equipment.
UL 2108................................  Standard for Low Voltage
                                          Lighting Systems.

    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, we 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 1-0.3, Appendix C, 
paragraph XIV), 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

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVAM must abide by the following conditions of the 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 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 recognized areas.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of TUVAM, subject to the limitation and conditions 
specified above.

III. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, 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 February 1, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-01421 Filed 2-6-19; 8:45 am]