Federal Registers - Table of Contents|
| Publication Date:||01/28/2002|
| Publication Type:||Notice|
| Fed Register #:||67:3913-3916|
| Standard Number:||1910.7|
| Title:||TUV Rheinland of North America, Inc.; Application for Renewal of Recognition|
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL3-92]
TUV Rheinland of North America, Inc.; Application for Renewal of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the application of TUV Rheinland of North America, Inc., for renewal of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents the Agency's preliminary finding. This preliminary finding does not constitute an interim or temporary approval of this application.
DATES: Comments submitted by interested parties, or any request for extension of the time to comment, must be received no later than February 15, 2002.
ADDRESSES: Submit written comments concerning this notice to: Docket Office, Docket NRTL3-92, U.S. Department of Labor, Occupational Safety and Health Administration, Room N2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-2350. Commenters may transmit written comments of 10 pages or less in length by facsimile to (202) 693-1648. Submit request for extension of the comment period for this notice to: Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, Room N3653, 200 Constitution Avenue, NW., Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical Programs and Coordination Activities, NRTL Program, Room N3653 at the above address, or phone (202) 693-2110.
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby gives notice that TUV Rheinland of North America, Inc. (TUV), has applied for renewal of its current recognition as a Nationally Recognized Testing Laboratory (NRTL). TUV requests renewal for its existing scope of recognition. 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" by the NRTL to meet OSHA standards that require testing and certification.
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 an application. These notices set forth the NRTL's scope of recognition or modifications of this scope.
The most recent notice published by OSHA for TUV's recognition covered a modification to its scope of recognition, which became effective on September 12, 2001 (66 FR 47505). The following Federal Register notices related to TUV's recognition have also been published by OSHA to address an expansion of their recognition for additional standards or programs: a request announced on March 2, 2000 (65 FR 11197) and granted on June 8, 2000 (65 FR 39946); requests announced on December 12, 1997 (62 FR 65446) and January 8, 1998 (63 FR 1127) and granted on April 2, 1998 (63 FR 16280).
The current address of the testing facility (site) that OSHA recognizes for TUV is: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, Connecticut 06470.
General Background on the Applicant and the Application
TUV Rheinland of North America, Inc., is a privately held Product Safety and Quality Assurance Testing firm with offices throughout the United States and Canada. TUV is wholly owned by TUV Rheinland e. V. of Cologne, Germany. TUV is a U.S. corporation incorporated in the state of Delaware in 1983.
TUV received its recognition as an NRTL on August 16, 1995 (60 FR 42594), for a period of five years ending August 16, 2000. Appendix A to 29 CFR 1910.7 stipulates that the period of recognition of an NRTL is five years and that an NRTL may renew its recognition by applying not less than nine months, nor more than one year, before the expiration date of its current recognition. TUV submitted a request to renew its recognition on November 16, 1999 (see Exhibit 23), within the time allotted, and retains its recognition pending OSHA's final decision in this renewal process.
TUV's request covers only renewal of its existing scope of recognition, which includes the facility listed above, and 126 test standards and 5 supplemental programs.
TUV seeks renewal of its recognition for testing and certification of products for demonstration of conformance to the following 126 test standards, all of which OSHA has determined are appropriate, within the meaning of 29 CFR 1910.7(c).
UL 22 Amusement and Gaming Machines
Note -- Testing and certification of gas operated equipment is limited to equipment for use with "liquefied petroleum gas" ("LPG" or "LP-Gas").
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, an NRTL's scope of recognition excludes any product(s) falling within the scope of a test standard for which OSHA has no NRTL testing and certification requirements.
Many of the test standards listed above are approved as American National Standards by the American National Standards Institute (ANSI). However, for convenience in compiling the list, we show the designation of the standards developing organization (e.g., UL 1028) for the standard, as opposed to the ANSI designation (e.g., ANSI/UL 1028). Under our procedures, an 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, regardless of which version appears in the list of test standards found in OSHA's informational web page for the NRTL. Contact ANSI or the ANSI web site (www.ansi.org) and click "NSSN" to find out whether or not a standard is currently ANSI-approved.
Programs and Procedures
TUV's renewal also would cover use of the supplemental programs listed below. OSHA has described these "supplemental" programs in a March 9, 1995 Federal Register notice (60 FR 12980, 3/9/95). This notice described nine (9) programs and procedures (collectively, programs), eight of which (called supplemental programs) an NRTL may use to control, audit, and accept the data relied upon for product certification. Such data is not normally generated at the NRTL's facility or by NRTL personnel. The notice also includes the criteria for the use by the NRTL of these eight, or supplemental, programs. An NRTL's initial recognition will always include the first or basic program, which requires that all of these activities be performed in-house by the NRTL that will certify the product. OSHA previously granted TUV recognition to use these programs, which currently are listed on OSHA's informational Web page for TUV's recognition (see: http://www.osha.gov/dts/otpca/nrtl/tuv.html)
Program 2: Acceptance of testing data from independent organizations, other than NRTLs.
Program 3: Acceptance of product evaluations from independent organizations, other than NRTLs.
Program 4: Acceptance of witnessed testing data.
Program 8: Acceptance of product evaluations from organizations that function as part of the International Electrotechnical Commission Certification Body (IEC-CB) Scheme.
Program 9: Acceptance of services other than testing or evaluation performed by subcontractors or agents.
OSHA developed these programs to limit how an NRTL may perform certain aspects of its work and to permit the activities covered under a program only when the NRTL meets certain criteria. In this sense, they are special conditions that the Agency places on an NRTL's recognition. OSHA does not consider these programs in determining whether an NRTL meets the requirements for recognition under 29 CFR 1910.7. However, these programs are one of the three elements that define the scope of that recognition.
Currently, OSHA imposes the following condition on its recognition of TUV as an NRTL. This condition would apply to the renewal of recognition.
TUV must have specific written testing procedures in place before testing products covered by any test standard for which it is recognized and must use these procedures in testing and certifying those products.
Preliminary Finding on the Application
TUV has submitted an acceptable request for renewal of its recognition as an NRTL. While processing this request, OSHA performed an on-site review of TUV's NRTL testing facilities. TUV has addressed any discrepancies noted by the assessor following the on-site evaluation, and the assessor has recommended renewal of TUV's recognition (see Exhibit 24).
Following a review of the application file, the assessor's recommendation, and other pertinent documents, the NRTL Program staff has concluded that OSHA can grant to TUV the renewal of its recognition as an NRTL to use the facilities, test standards, and programs listed above, subject to the condition noted. The staff, therefore, recommended to the Assistant Secretary that the application be preliminarily approved.
Based upon the recommendation of the staff, the Agency has made a preliminary finding that TUV Rheinland of North America, Inc., can meet the requirements, as prescribed by 29 CFR 1910.7, for the renewal of its recognition, subject to the condition noted. This preliminary finding, however, 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 renewal of its recognition as a Nationally Recognized Testing Laboratory. Your comment should consist of pertinent written documents and exhibits. To consider it, OSHA must receive the comment at the address provided above see ADDRESSES) no later than the last date for comments see DATES above). Should you need more time to comment, OSHA must receive your written request for extension at the address provided above (also see ADDRESSES) no later than the last date for comments (also see DATES above). You must include your reason(s) for any request for extension. OSHA will limit an extension to 15 days unless the requester justifies a longer period. We may deny a request for extension if it is frivolous or otherwise unwarranted. You may obtain or review copies of TUV's request, the memo on the 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. You should refer to Docket No. NRTL3-92, the permanent record of public information on TUV's recognition.
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 application for renewal of recognition. The Agency will make the final decision on granting the renewal 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 17th day of January, 2002.
John L. Henshaw,
[FR Doc. 02-1934 Filed 1-25-02; 8:45 am]
BILLING CODE 4510-26-P
Federal Registers - Table of Contents|