[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42594-42596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20258]
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DEPARTMENT OF LABOR
[Docket No. NRTL-3-92]
TUV Rheinland of North America, Inc.
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Notice of Recognition as a Nationally Recognized Testing
Laboratory.
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SUMMARY: This notice announces the Agency's final decision on the
application of TUV Rheinland of North America as a Nationally
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.
EFFECTIVE DATE: This recognition will become effective on August 16,
1995 and will be valid for a period of five years from that date, until
August 16, 2000, unless terminated prior to that date, in accordance
with 29 CFR 1910.7.
FOR FURTHER INFORMATION CONTACT:
NRTL Recognition Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue,
N.W., Room N3653, Washington, D.C. 20210 .
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
Notice is hereby given that TUV Rheinland of North America, Inc.
(TUV), which made application for recognition pursuant to 29 CFR 1910.7
for recognition as a Nationally Recognized Testing Laboratory, has been
recognized as a Nationally Recognized Testing Laboratory for the
equipment or material listed below.
The address of the laboratory covered by this recognition is: TUV
Rheinland of North America, Inc., 12 Commerce Road, Newtown,
Connecticut 06470.
Background
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 Rheinland of North America, Inc. is
wholly owned by TUV Rheinland e. V. of Cologne, Germany. The only
facility for which TUV has requested recognition is its North American
Headquarters located in Newtown, Connecticut (see Exhibit 2. C., p 2 of
cover letter, and Attachments 2, 3, and 4). TUV Rheinland of North
America, Inc. is a U.S. corporation incorporated in the state of
Delaware in 1983. (See Ex. 2. E., Att. 5).
On November 19, 1993, the Occupational Safety and Health
Administration published a notice of application for recognition as a
nationally recognized testing laboratory of TUV Rheinland of North
America, Inc. in the Federal Register, pursuant to 29 CFR 1910.7 (58 FR
61101). The notice included a preliminary finding that TUV could meet
the requirements for recognition detailed in 29 CFR 1910.7 and it
invited public comment on the application by January 18, 1994.
On January 6, 1994, MET Laboratories, Inc. (MET) submitted comments
in response to the preliminary finding (58 FR 61101) opposing TUV's
recognition as a NRTL primarily based upon OSHA's not having referenced
a determination of TUV/NA's status as either a foreign entity or
foreign based. (See Ex. 4-1).
On January 12, 1994, ACIL (formerly, the American Council of
Independent Laboratories, Inc.) requested an extension of time in which
to submit comments on the application (Ex. 4-2). The ACIL claimed that
its preliminary investigation had uncovered ``substantial
deficiencies'' in the application and that more time was necessary to
submit pertinent documentation related to the instant application. ACIL
raised the issue of whether the applicant is completely independent
from the parent organization. According to the ACIL, the resolution of
the questions raised would require, among other things, the study and
analysis of relevant German laws and requested additional time until
March 18, 1994, to file its comments on TUV's application. (See Ex. 4-
2).
The applicant responded to ACIL's comments on February 8, 1994,
refuting ACIL's statement that TUV Rheinland of North America, Inc. may
not be able to operate independently of TUV Rheinland of Cologne. (See
Ex. 5).
After a careful review of all comments, the request for an
extension of time for comment was accepted by OSHA, and the comment
period was actually extended until April 4, 1994, (59 FR 10432). (See
Ex. 6).
Two comments were received in response to 59 FR 10432, the Federal
Register notice of extension of the comment period.
One comment, dated March 3, 1994, was from MET Laboratories, Inc.
(MET), and discussed TUV/NA's application for a registered
certification mark and the status of TUV as a U.S. corporation. (See
Ex. 7-2).
The other comment was from ACIL, and was dated March 4, 1994. The
major issues raised pertained to the status of TUV as ``foreign
based''; the improper use of a certification mark; and TUV Rheinland as
an association consisting, in part, of manufacturers. (See Ex. 7-1).
After a thorough review of the comments and TUV's response, dated
July 28, 1994 (Ex. 8), by both OSHA and the Office of the Solicitor of
the U.S. Department of Labor, the determination was made that the
applicant is independent in the sense that it is not a foreign entity
or foreign based. While TUV Rheinland of North America, Inc., which is
incorporated in the United States, is a subsidiary of TUV Rheinland e.
V., which is based in Cologne, Germany, it is no different from other
NRTLs which are incorporated in the U.S. and owned by foreign entities,
and which are not considered as foreign based. Further, the decision
whether or not to certify a product under the NRTL program is made
solely by TUV
[[Page 42595]]
Rheinland of North America, Inc. If a formal interpretation of any
portion of a standard used to certify a product in conjunction with the
Nationally Recognized Testing Laboratory (NRTL) program is necessary,
it will be determined by means of internal staff meetings among senior
engineers of TUV Rheinland of North America, Inc. In the event that an
interpretation issue remains after such a meeting, it will be referred
to the appropriate Technical Advisory Group (TAG) which, for the ANSI/
UL 1950 test standard, is the U.S. TAG Technical Committee (TC) 74 of
the International Electrotechnical Commission (IEC). (See Ex. 9).
With regard to its application to the U.S. Patent and Trademark
Office for a certified registration mark, TUV Rheinland of North
America, Inc. has filed an application for a certification mark
registration which, in addition to a design, will also contain the name
of the organization, i.e., `` TUV Rheinland of North America, Inc.''.
(See Ex's. 8 and 10).
The Occupational Safety and Health Administration has evaluated the
entire record in relation to the regulations set out in 29 CFR 1910.7
and makes the following findings:
Capability
Section 1910.7(b)(1) states that for each specified item of
equipment or material to be listed, labeled or accepted, the laboratory
must have the capability (including proper testing equipment and
facilities, trained staff, written testing procedures, and calibration
and quality control programs) to perform appropriate testing.
The on-site review report indicates that TUV does have testing
equipment and facilities appropriate for the areas of recognition it
seeks. The laboratory has available all the general test equipment
required to perform the testing required by the standards.
TUV's laboratory has adequate floor space for testing and
evaluation and an adequate number of technical and professional
personnel to accomplish the services required for the present workload
in the areas of recognition it seeks. Environmental conditions in the
laboratory are adequately controlled for the type of testing performing
in the laboratory.
OSHA has determined that TUV has appropriate written test
procedures, and calibration and quality control programs to enable it
to adequately perform appropriate testing.
Creditable Reports/Complaint Handling
Section 1910.7(b)(4) provides that an OSHA recognized NRTL must
maintain effective procedures for producing creditable findings and
reports that are objective and without bias. TUV Rheinland of North
America, Inc. meets these criteria.
TUV's application as well as the on-site review report indicate
that the applicant does maintain effective procedures for producing
creditable findings and reports that are objective. The laboratory
maintains a written procedure for identifying product samples submitted
for testing to ensure that there is no confusion regarding the identity
of the samples or the results of the measurement. These procedures
include the receipt, retention, and disposal of products submitted for
testing.
TUV also has a procedure for handling complaints from any
interested parties as well as clients.
Type of Testing
The standard contemplates that testing done by NRTLs fall into one
of two categories: Testing to determine conformance with appropriate
test standards, or experimental testing where there might not be one
specific test standard covering the new product or material. TUV has
applied for recognition in the first category.
Follow-Up Procedures
Section 1910.7(b)(2) requires that the NRTL provide certain follow-
up procedures, to the extent necessary, for the particular equipment or
material to be listed, labeled, or accepted. These include
implementation of control procedures for identifying the listed or
labeled equipment or materials, inspecting the production run at
factories to assure conformance with test standards, and conducting
field inspections to monitor and assure the proper use of the label.
TUV has a written procedure making its clients subject to four
unannounced on-site follow-up inspections annually. This formal
inspection procedure includes standardized inspection forms. Listed
products are also subject to field audits. TUV reserves the right to
conduct field audits on any certified or listed product by purchasing
the product from the manufacturer, distributor, or retailer. The audit
procedure is the same that for a follow-up inspection.
Test Standards
Section 1910.7 requires that an NRTL use ``appropriate test
standards'', which are defined, in part, to include any standard that
is currently designated as an American National Standards Institute
(ANSI) safety designated product standard or an American Society for
Testing and Materials (ASTM) test standard used for evaluation of
products or materials.
The standard that TUV has requested is an ANSI/UL standard and,
therefore, meets the requirements of section 1910.7(c).
Final Decision and Order
Based upon a preponderance of evidence resulting from an
examination of the complete application, the supporting documentation,
the comments and rebuttal from TUV, and the OSHA staff finding
including the on-site report, OSHA finds that TUV Rheinland of North
America, Inc. has met the requirements of 29 CFR 1910.7 to be
recognized by OSHA as a Nationally Recognized Testing Laboratory to
test and certify certain equipment or materials.
Pursuant to the authority in 29 CFR 1910.7, TUV Rheinland of North
America, Inc., is hereby recognized as a Nationally Recognized Testing
Laboratory subject to the limitations and conditions listed below:
Limitations
This recognition is limited to equipment or materials which, under
29 CFR Part 1910, require testing, listing, labeling, approval,
acceptance, or certification, by a Nationally Recognized Testing
Laboratory. This recognition is limited to the use of the following
test standard for the testing and certification of equipment or
materials included within the scope of this standard:
TUV has stated that the standard is used to test and
certify equipment or materials which may be used in environments under
OSHA's jurisdiction. This standard is considered an appropriate test
standard under 29 CFR 1910.7(c):
ANSI/UL 1950--Information Technology Equipment Including Electrical
Business Equipment
Conditions
TUV Rheinland of North America, Inc. shall also abide by the
following conditions of its recognition, in addition to those already
required by 29 CFR 1910.7:
The Occupational Safety and Health Administration shall be
allowed access to TUV's facilities and records for purposes of
ascertaining continuing compliance with the terms of its recognition
and to investigate as OSHA deems necessary;
[[Page 42596]]
Because of the interval between the on-site assessment and
this recognition, those procedures authorized by the ``Nationally
Recognized Testing Laboratories; Clarification of the Types of Programs
and Procedures,'' 60 FR 12980, dated March, 9, 1995, must be applied
for in accordance with the requirements specified therein;
If TUV has reason to doubt the efficacy of any test
standard it is using under this program, it shall promptly inform the
organization that developed the test standard of this fact and provide
that organization with appropriate relevant information upon which its
concerns are based;
TUV shall not engage in or permit others to engage in any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, TUV agrees that it will allow no representation
that it is either a recognized or accredited Nationally Recognized
Testing Laboratory (NRTL) without clearly indicating the specific
equipment or material to which this recognition is tied, or that its
recognition is limited to certain products;
TUV shall inform OSHA as soon as possible, in writing, of
any change of ownership, facilities, or key personnel, including
details;
TUV shall continue to meet the requirements for
recognition in all areas where it has been recognized; and
TUV shall continue to cooperate with OSHA to assure
compliance with the spirit as well as the letter of its recognition and
29 CFR 1910.7.
Effective Date: This recognition will become effective on August
16, 1995 and will be valid for a period of five years from that date,
until August 16, 2,000, unless terminated prior to that date, in
accordance with 29 CFR 1910.7.
Signed at Washington, D.C. this 10 day of August, 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-20258 Filed 8-15-95; 8:45 am]
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