[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Notices]
[Pages 16280-16281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8667]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-3-92]


TUV Rheinland of North America, Inc., Expansion of Recognition

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice of expansion of recognition as a Nationally Recognized 
Testing Laboratory (NRTL).

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SUMMARY: This notice announces the Agency's final decision on the 
application of TUV Rheinland of North America, Inc. for expansion of 
its recognition as a NRTL under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on April 2, 1998 
and will be valid until April 2, 2003, unless terminated or modified 
prior to that date, in accordance with 29 CFR 1910.7.

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, N.W., Room N3653 Washington, D.C. 20210, or phone (202) 219-
7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    Notice is hereby given that the Occupational Safety and Health 
Administration (OSHA) has expanded the recognition of TUV Rheinland of 
North America, Inc. (TUV) as a Nationally Recognized Testing Laboratory 
(NRTL) to include the 4 test standards (equipment and materials), and 
the 5 additional programs and procedures listed below. TUV applied for 
expansion of its current recognition as a NRTL, pursuant to 29 CFR 
1910.7, for equipment or materials and separately for programs and 
procedures. A notice for each application was published in the Federal 
Register on December 12, 1997 (62 FR 65446), and on January 8, 1998 (93 
FR 1127), respectively. Both notices included a preliminary finding 
that TUV could meet the requirements for recognition detailed in 29 CFR 
1910.7, and invited public comment on the application by February 10, 
1998, and by March 9, 1998, respectively. No comments were received 
concerning these requests for expansion. The December 12 notice 
included a condition on the recognition of the additional standards. 
However, this condition is no longer necessary since it was to be 
eliminated once OSHA granted, and OSHA is granting, TUV recognition for 
the additional programs and procedures.
    Copies of all documents (Docket No. NRTL-3-92) are available for 
inspection and duplication at the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, N.W., Room N2634, Washington, D.C. 20210.
    The address of the TUV laboratory covered by this application is: 
TUV Rheinland of North America, Inc., 12 Commerce Road, Newton, 
Connecticut 06470.

Background

    TUV submitted a request, dated January 13, 1997 (see Exhibit 13C), 
to expand its recognition as a Nationally Recognized Testing Laboratory 
for additional test standards. TUV's request also included a request 
for recognition of an additional site. TUV reiterated its request in a 
letter dated May 12, 1997 (see Exhibit 13A). However, in a letter to 
OSHA dated September 15, 1997 (see Exhibit 13B), TUV requested that the 
expansion for the standards be processed first since the recognition of 
the additional site required additional processing time on OSHA's part. 
In a request dated September 15, 1997 (see Exhibit 13D), TUV amended 
its application to include recognition for additional programs and 
procedures, and submitted materials in support of this request.
    In connection with the request for expansion, the NRTL Program 
staff performed an on-site survey (review) of TUV's Newton, CT facility 
on June 23-24, 1997. In the cover memo for the on-site review report, 
dated October 10, 1997 (see Exhibit 14), the NRTL Program staff 
recommended that TUV's recognition be expanded to include the 
additional test standards. In a recommendation dated November 25, 1997 
(see Exhibit 16), the NRTL Program staff recommended that TUV's 
recognition be expanded to include the additional programs and 
procedures.

Final Decision and Order

    Based upon a preponderance of the evidence resulting from an 
examination of the complete application, the supporting documentation, 
and the OSHA staff finding including the on-site review report, dated 
October 10, 1997(see Exhibit 14), and recommendation, dated November 
25, 1997 (see Exhibit 16), OSHA finds that TUV has met the requirements 
of 29 CFR 1910.7 for expansion of its present recognition to test and 
certify certain additional equipment or materials, and to use certain 
additional programs and procedures. Pursuant to the authority in 29 CFR 
1910.7, TUV's recognition is hereby expanded to include the 4 test 
standards, and the 5 programs and procedures listed below, subject to 
the following limitations and condition.

Limitations

Additional Test Standards
    This recognition is limited to equipment or materials that, under 
Title 29, require or permit testing, listing, labeling, approval, 
acceptance, or certification, by a Nationally Recognized Testing 
Laboratory. This recognition is further limited to the use of the 
following test standards for the testing and certification of equipment 
or materials included within the scope of these standards.
    TUV asserts by its application that the following standards pertain 
to equipment or materials that will be used in environments under 
OSHA's jurisdiction, and OSHA has determined they are appropriate 
within the meaning of 29 CFR 1910.7(c):

UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 3101-1 Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 3111-1 Electrical Measuring and Test Equipment; Part 1: General 
Requirements
UL 6500 Audio/Video and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use
Additional Programs and Procedures
    This recognition is also limited to the use of each of the 
following programs and procedures in compliance with their specific 
requirements, as described in the March 9, 1995 Federal Register notice 
(60 FR 12980 entitled, ``Nationally Recognized Testing Laboratories; 
Clarification of the Types of Programs and Procedures'').
    1. Acceptance of testing data from independent organizations, other 
than NRTLs.
    2. Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    3. Acceptance of witnessed testing data.
    4. Acceptance of product evaluations from organizations that 
function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme.
    5. Acceptance of services (other than testing or evaluation) 
performed by subcontractors or agents.

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Conditions

    TUV Rheinland of North America, Inc. must also abide by the 
following conditions of the recognition, in addition to those already 
required by 29 CFR 1910.7:
    OSHA shall be allowed access to TUV's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If TUV has reason to doubt the efficacy of any test standard it is 
using under this program, it shall promptly inform the test standard 
developing organization 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 an 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 or key personnel, including details;
    TUV will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    TUV will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.

    Signed at Washington, D.C., this 27 day of March, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-8667 Filed 4-1-98; 8:45 am]
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