[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Notices]
[Pages 11345-11347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4966]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-92]


TUV Rheinland of North 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 Rheinland of 
North America, Inc., (TUV) for expansion 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 must be received no 
later than May 1, 2000.

ADDRESSES: Send comments concerning this notice to: 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, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program at the above 
address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that TUV Rheinland of North America, Inc., (TUV) has 
applied for expansion of its current recognition as a Nationally 
Recognized Testing Laboratory (NRTL). TUV's expansion request covers 
the use of additional test standards.
    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, OSHA can accept products ``properly certified'' by the 
NRTL. OSHA processes applications related to an NRTL's recognition 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish this public notice of the preliminary 
finding on an application.
    The most recent notices published by OSHA for the TUV recognition 
covered an expansion of recognition, which OSHA announced on January 8, 
1998 (63 FR 1127) and granted on April 2, 1998 (63 FR 16280).
    The current address of the TUV facility (site) recognized by OSHA 
is: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, 
Connecticut 06470.

General Background on the Application

    TUV has submitted a request, dated May 5, 1999 (see Exhibit 19A), 
to expand its recognition as an NRTL for one hundred forty (140) 
additional test standards. TUV also submitted information in support of 
its request with a letter, dated July 6, 1999 (see Exhibit 19B). OSHA 
has determined that twenty-one (21) of the standards that TUV requested 
are not ``appropriate test standards,'' as specified in 29 CFR 
1910.7(c). Therefore, the expansion will only cover the one hundred-
nineteen (119) test standards listed below.
    The NRTL has submitted documentation that shows its general 
capability for testing to the standards for which it seeks recognition. 
The testing capabilities required under these standards are very 
similar to those standards for which it is already recognized. TUV will 
develop more specific documentation for testing to the standards 
requested. Since the Agency has not yet reviewed these procedures, it 
has concerns regarding the actual procedures that TUV will develop and 
utilize for testing. In addition, OSHA temporarily withheld its 
consideration of TUV's expansion request due to discrepancies noted 
during a review of TUV's site. TUV has presented documentation to OSHA 
to address the issues raised by the review. Although OSHA has decided 
to proceed with this preliminary finding on the expansion request, the 
Agency is concerned that the NRTL's resolution to the issues will take 
some time to implement. Due to these concerns, OSHA plans to 
conditionally recognize TUV for the additional standards.
    TUV seeks recognition for testing and certification of products to 
demonstrate compliance to the 119 test standards listed below, and OSHA 
has determined the standards are appropriate, as prescribed by 29 CFR 
1910.7(c). OSHA's recognition of 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. As a result, the Agency's recognition of 
an NRTL for a test standard excludes any product(s), falling within the 
scope of the test standard, for which OSHA has no such requirements.

ANSI/UL 22 Amusement and Gaming Machines
ANSI/UL 48 Electric Signs
ANSI/UL 67 Panelboards
ANSI/UL 73 Motor-Operated Appliances
ANSI/UL 82 Electric Gardening Appliances
ANSI/UL 122 Photographic Equipment
ANSI/UL 130 Electric Heating Pads
ANSI/UL 136 Pressure Cookers
ANSI/UL 141 Garment Finishing Appliances
ANSI/UL 153 Portable Electric Lamps
ANSI/UL 174 Household Electric Storage Tank Water Heaters

[[Page 11346]]

ANSI/UL 197 Commercial Electric Cooking Appliances
ANSI/UL 250 Household Refrigerators and Freezers
ANSI/UL 298 Portable Electric Hand Lamps
ANSI/UL 430 Waste Disposers
ANSI/UL 443 Steel Auxiliary Tanks for Oil-Burner Fuel
UL 444 Communications Cables
ANSI/UL 448 Pumps for Fire Protection Service
ANSI/UL 452 Antenna-Discharge Units
ANSI/UL 469 Musical Instruments and Accessories
ANSI/UL 471 Commercial Refrigerators and Freezers
ANSI/UL 474 Dehumidifiers
ANSI/UL 482 Portable Sun/Heat Lamps
ANSI/UL 499 Electric Heating Appliances
ANSI/UL 506 Specialty Transformers
ANSI/UL 507 Electric Fans
ANSI/UL 508 Industrial Control Equipment
ANSI/UL 508C Power Conversion Equipment
ANSI/UL 541 Refrigerated Vending Machines
ANSI/UL 561 Floor Finishing Machines
ANSI/UL 583 Electric-Battery-Powered Industrial Trucks
ANSI/UL 621 Ice Cream Makers
ANSI/UL 696 Electric Toys
ANSI/UL 697 Toy Transformers
ANSI/UL 745-1 Portable Electric Tools
ANSI/UL 745-2-1 Particular Requirements of Drills
ANSI/UL 745-2-2 Particular Requirements for Screwdrivers and Impact 
Wrenches
ANSI/UL 745-2-3 Particular Requirements for Grinders, Polishers, and 
Disk-Type Sanders
ANSI/UL 745-2-4 Particular Requirements for Sanders
ANSI/UL 745-2-5 Particular Requirements for Circular Saws and Circular 
Knives
ANSI/UL 745-2-6 Particular Requirements for Hammers
ANSI/UL 745-2-8 Particular Requirements for Shears and Nibblers
ANSI/UL 745-2-9 Particular Requirements for Tappers
ANSI/UL 745-2-11 Particular Requirements for Reciprocating Saws
ANSI/UL 745-2-12 Particular Requirements for Concrete Vibrators
ANSI/UL 745-2-14 Particular Requirements for Planers
ANSI/UL 745-2-17 Particular Requirements for Routers and Trimmers
ANSI/UL 745-2-30 Particular Requirements for Staplers
ANSI/UL 745-2-31 Particular Requirements for Diamond Core Drills
ANSI/UL 745-2-32 Particular Requirements for Magnetic Drill Presses
ANSI/UL 745-2-33 Particular Requirements for Portable Bandsaws
ANSI/UL 745-2-34 Particular Requirements for Strapping Tools
ANSI/UL 745-2-35 Particular Requirements for Drain Cleaners
ANSI/UL 745-2-36 Particular Requirements for Hand Motor Tools
ANSI/UL 745-2-37 Particular Requirements for Plate Jointers
ANSI/UL 749 Household Dishwashers
ANSI/UL 751 Vending Machines
UL 763 Motor-Operated Commercial Food Preparing Machines
UL 775 Graphic Arts Equipment
ANSI/UL 778 Motor Operated Water Pumps
ANSI/UL 826 Household Electric Clocks
ANSI/UL 858 Household Electric Ranges
ANSI/UL 859 Household Electric Personal Grooming Appliance
ANSI/UL 867 Electrostatic Air Cleaners
ANSI/UL 875 Electric Dry Bath Heaters
ANSI/UL 921 Commercial Electric Dishwashers
ANSI/UL 923 Microwave Cooking Appliances
ANSI/UL 935 Fluorescent-Lamp Ballasts
ANSI/UL 961 Electric Hobby and Sports Equipment
ANSI/UL 982 Motor-Operated Household Food Preparing Machines
ANSI/UL 984 Hermetic Refrigerant Motor-Compressors
ANSI/UL 987 Stationary and Fixed Electric Tools
ANSI/UL 1004 Electric Motors
ANSI/UL 1005 Electric Flatirons
ANSI/UL 1012 Power Units Other than Class Two
ANSI/UL 1017 Vacuum Cleaning Machines and Blower Cleaners
ANSI/UL 1018 Electric Aquarium Equipment
ANSI/UL 1026 Electric Household Cooking and Food-Serving Appliances
ANSI/UL 1028 Hair Clipping and Shaving Appliances
ANSI/UL 1042 Electric Baseboard Heating Equipment
ANSI/UL 1081 Swimming Pool Pumps, Filters and Chlorinators
ANSI/UL 1082 Household Electric Coffee Makers and Brewing-Type 
Appliances
ANSI/UL 1083 Household Electric Skillets and Frying-Type Appliances
ANSI/UL 1230 Amateur Movie Lights
ANSI/UL 1236 Battery Chargers for Charging Engine-Starter Batteries
UL 1240 Electric Commercial Clothes-Drying Equipment
ANSI/UL 1278 Movable and Wall-or Ceiling-Hung Electric Room Heaters
ANSI/UL 1310 Class 2 Power Units
ANSI/UL 1409 Low-Voltage Video Products Without Cathode-Ray-Tube 
Displays
ANSI/UL 1411 Transformers and Motor Transformers for Use In Audio-, 
Radio-, and Television-Type Appliances
ANSI/UL 1418 Implosion-Protected Cathode-Ray Tubes for Television-Type 
Appliances
ANSI/UL 1419 Professional Video and Audio Equipment
ANSI/UL 1431 Personal Hygiene and Health Care Appliances
ANSI/UL 1445 Electric Water Bed Heaters
ANSI/UL 1459 Telephone Equipment
ANSI/UL 1559 Insect-Control Equipment, Electrocution Type
ANSI/UL 1561 Dry Type General Purpose and Power Transformers
ANSI/UL 1563 Electric Spas, Equipment Assemblies, and Associated 
Equipment
ANSI/UL 1564 Industrial Battery Chargers
ANSI/UL 1570 Fluorescent Lighting Fixtures
ANSI/UL 1571 Incandescent Lighting Fixtures
ANSI/UL 1572 High Intensity Discharge Lighting Fixtures
ANSI/UL 1573  Stage and Studio Lighting Units
ANSI/UL 1574  Track Lighting Systems
ANSI/UL 1585  Class 2 and Class 3 Transformers
UL 1594   Sewing and Cutting Machines
ANSI/UL 1647   Motor-Operated Massage and Exercise Machines
ANSI/UL 1693  Electric Radiant Heating Panels and Heating Panel Sets
ANSI/UL 1727  Commercial Electric Personal Grooming Appliances
ANSI/UL 1776  High-Pressure Cleaning Machines
ANSI/UL 1786  Nightlights
UL 1795  Hydromassage Bathtubs
UL 1838  Low Voltage Landscape Lighting Systems
ANSI/UL 1995  Heating and Cooling Equipment
UL 2021  Fixed and Location-Dedicated Electric Room Heaters
UL 8730-1  Electrical Controls for Household and Similar Use; Part 1: 
General Requirements
UL 8730-2-3  Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Thermal Motor Protectors for 
Ballasts for Tubular Fluorescent Lamps
UL 8730-2-4  Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Thermal Motor Protectors for 
Motor Compressors or Hermetic and Semi-Hermetic Type
UL 8730-2-8  Automatic Electrical Controls for Household and Similar

[[Page 11347]]

Use; Part 2: Particular Requirements for Electrically Operated Water 
Valves

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.

Conditions

    As indicated above, OSHA has concerns regarding the additional 
documentation and procedures that TUV will develop and utilize in 
testing products to the standards for which the NRTL seeks recognition. 
Also, the Agency is concerned about TUV's actual implementation of the 
resolution to the discrepancy noted during an on-site review of TUV's 
Newtown site. As a result, OSHA plans to recognize TUV subject to a 
later assessment of the relevant documentation and procedures.
    TUV has general ``procedures'' that it can adapt for each specific 
test standard covered by this notice, but it must have specific testing 
procedures for a test standard in-place before it undertakes any 
testing, and therefore before any certification, of products covered by 
the particular test standard. If these procedures are not in place, TUV 
would not meet the requirements for continued recognition of the 
particular test standard(s). As a result, OSHA plans to impose a 
condition on granting the expansion to ensure that TUV does develop and 
implement appropriate written procedures for testing to the test 
standards covered in this notice. During future on-site visits of the 
NRTL, the NRTL Program staff would audit for compliance to the 
condition. The Agency would commence the process to revoke recognition 
for any test standards for which TUV does not meet the condition.
    Similarly, OSHA wants assurance that TUV will properly implement 
its resolution to the discrepancy already mentioned. The Agency does 
not reveal the specific findings of its on-site reviews because they 
often contain specific details that may be confidential or privileged 
to the NRTL. For purposes of this notice, OSHA proposes the condition 
in terms that the Agency believes are fair to the NRTL and provide 
appropriate information to the public.
    The conditions that OSHA plans to impose are as follows:
    a. 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.
    b. TUV must restrict the administration, certification, and 
qualification activities that it performs in its capacity as an NRTL 
only to its Newtown facility. TUV must perform these activities in 
accordance with OSHA's relevant policies and criteria for these 
activities, and in accordance with its response, to the applicable on-
site review, that OSHA has accepted.

Preliminary Finding on the Application

    TUV has submitted an acceptable request for expansion of its 
recognition as an NRTL. In processing this request, OSHA performed an 
on-site assessment (review) of TUV's facility in Newtown, Connecticut, 
on July 12-14, 1999. TUV has addressed the discrepancies noted by the 
assessor during the on-site review, following the on-site evaluation. 
The resolution to the discrepancies are factored into the on-site 
review report (see Exhibit 20).
    Following a review of the application file, the on-site review 
report, and other pertinent documents, the NRTL Program staff has 
concluded that OSHA can grant to the TUV facility listed above the 
expansion of recognition to use the additional one hundred-nineteen 
(19) test standards, with the conditions to be applied as noted. The 
staff therefore recommended to the Assistant Secretary that the 
application be preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that the TUV Rheinland of North America, 
Inc., facility listed above can meet the recognition requirements, as 
prescribed by 29 CFR 1910.7, for the expansion of recognition, subject 
to the above conditions. This preliminary finding does not constitute 
an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, on whether TUV 
has met the requirements of 29 CFR 1910.7 for the expansion 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 
ADDRESS), no later than the last date for comments (see DATES above). 
You may obtain or review copies of the TUV request, 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. You 
should refer to Docket No. NRTL-3-92, the permanent record of public 
information on the TUV recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant the TUV expansion request. The Assistant Secretary will make 
the final decision on granting the expansion and, in making this 
decision, may undertake other proceedings 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, D.C. this 10th day of February, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-4966 Filed 3-1-00; 8:45 am]
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