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• Publication Date: 05/18/2005
• Publication Type: Notice
• Fed Register #: 70:28581-28583
• Standard Number: 1910.7
• Title: TUV America, Inc., Application for Expansion of Recognition

[Federal Register: May 18, 2005 (Volume 70, Number 95)]
[Notices]               
[Page 28581-28583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my05-112]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-2001]

 
TUV America, Inc., Application for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of TUV America, Inc., 
(TUVAM) for expansion of its recognition to use additional test 
standards, and presents the Agency's preliminary finding. This 
preliminary finding does not constitute an interim or temporary 
approval of this application.

DATES: You must submit information or comments, or any request for 
extension of the time to comment, by the following dates:
     Hard copy: Your information or comments must be submitted 
(postmarked or sent) by June 2, 2005.
     Electronic transmission or facsimile: Your comments must 
be sent by June 2, 2005.

ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL2-2001--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. 
NRTL2-2001, 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., e.s.t.
    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 
submissions.
    Extension of Comment Period: Submit requests for extensions 
concerning 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. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room N3653, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that TUV America, Inc., (TUVAM) has applied for expansion 
of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). TUVAM's expansion request covers the use of 
additional test standards. OSHA's current scope of recognition for 
TUVAM may be found in the following informational Web page: 
http://www.osha.gov/dts/otpca/nrtl/tuvam.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 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 for TUVAM's recognition 
covered its initial recognition, which became effective on January 25, 
2002 (67 FR 3737).
    The current addresses of the TUVAM facilities already recognized by 
OSHA are: TUV Product Services (TUVAM), 5 Cherry Hill Drive, Danvers, 
Massachusetts 01923; TUV Product Services (TUVAM), 10040 Mesa Rim Road, 
San Diego, California 92121; and TUV Product Services (TUVAM), 1775 Old 
Highway 8 NW, Suite 104, New Brighton (Minneapolis), Minnesota 55112.

General Background on the Application

    TUVAM has submitted an application, dated August 1, 2003, (see 
Exhibits 7 and 7-1) to expand its recognition to include 45 additional 
test standards. The NRTL Program staff has determined that one of these 
standards is not an ``appropriate test standard'' within the meaning of 
29 CFR 1910.7(c). The staff makes this determination in processing the 
expansion request of any NRTL. Therefore, OSHA would approve 44 test 
standards for the expansion. Following review of the application, OSHA 
requested certain additional information from TUVAM and deferred action 
on the application pending receipt of this information. The NRTL 
adequately responded recently to that request, permitting OSHA to 
resume processing of the application.
    TUVAM seeks recognition for testing and certification of products 
for demonstration of conformance to the following 44 test standards:

UL 22 Amusement and Gaming Machines.
UL 197 Commercial Electric Cooking Appliances.
UL 250 Household Refrigerators and Freezers.
UL 291 Automated Teller Systems.
UL 427 Refrigerating Units.
UL 467 Electrical Grounding and Bonding Equipment.
UL 471 Commercial Refrigerators and Freezers.
UL 499 Electric Heating Appliances.
UL 507 Electric Fans.
UL 508a Industrial Control Panels.
UL 508c Power Conversion Equipment.
UL 541 Refrigerated Vending Machines.
UL 551 Transformer-Type Arc-Welding Machines.
UL 763 Motor-Operated Commercial Food Preparing Machines.
UL 873 Temperature-Indicating and -Regulating Equipment.
UL 923 Microwave Cooking Appliances.
UL 963 Sealing, Wrapping, and Marking Machines.
UL 982 Motor-operated Household Food Preparing Machines.
UL 998 Humidifiers.
UL 1004 Electric Motors.
UL 1005 Electric Flatirons.
UL 1017 Vacuum Cleaners, Blower Cleaners, and Household Floor Finishing 
Machines.
UL 1026 Electric Household Cooking and Food Serving Appliances.
UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances.
UL 1083 Household Electric Skillets and Frying-Type Appliances.
UL 1090 Electric Snow Movers.
UL 1236 Battery Chargers for Charging Engine-Starter Batteries.
UL 1278 Movable and Wall- or Ceiling-Hung Electric Room Heaters.
UL 1310 Class 2 Power Units.
UL 1448 Electric Hedge Trimmers.
UL 1450 Motor-Operated Air Compressors, Vacuum Pumps and Painting 
Equipment.
UL 1492 Audio-Video Products and Accessories.
UL 1585 Class 2 and Class 3 Transformers.
UL 164 Motor-Operated Massage and Exercise Machines.
UL 1662 Electric Chain Saws.
UL 1740 Industrial Robots and Robotic Equipment.
UL 1995 Heating and Cooling Equipment.
UL 2200 Stationary Engine Generator Assemblies.
UL 60335-1 Safety of Household and Similar Electrical Appliances, Part 
1: General Requirements.
UL 60335-2-8 Household and Similar Electrical Appliances, Part 2; 
Particular Requirements for Electric Shavers, Hair Clippers, and 
Similar Appliances.
UL 60335-2-34 Household and Similar Electrical Appliances, Part 2; 
Particular Requirements for Motor-Compressors.
UL 61010A-2-010 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for the Heating of 
Materials.
UL 61010A-2-041 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves Using Steam for the Treatment of 
Medical Materials for Laboratory Processes.
UL 61010A-2-051 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for Mixing and 
Stirring.

    OSHA's recognition of TUVAM, 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, any NRTL's scope of 
recognition excludes any product(s) that fall within the scope of a 
test standard, but for which OSHA standards do not require NRTL testing 
and certification.
    Many of the UL test standards listed above 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

    TUVAM has submitted an acceptable request for expansion of its 
recognition as an NRTL. In connection with this request, OSHA performed 
an on-site review of TUVAM's NRTL Danvers facility and, in the on-site 
review report, the assessor recommended the expansion for the 
additional standards (see Exhibit 8). Our review of the application 
file, the on-site review report, and other pertinent documents indicate 
that TUVAM can meet the requirements, as prescribed by 29 CFR 1910.7, 
for the expansion for the 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 
TUVAM 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 TUVAM's requests, the on-site review report, 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. NRTL2-2001 contains all 
materials in the record concerning TUVAM'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 TUVAM's expansion request. The Agency 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 9th day of May, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05-9868 Filed 5-17-05; 8:45 am]

BILLING CODE 4510-26-P

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