[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39946-39949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16320]


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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 (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on 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. Four standards are granted 
interim approval subject to review.

EFFECTIVE DATE: This recognition becomes effective on June 28, 2000. 
And, unless modified in accordance with 29 CFR 1910.7, continues in 
effect while TUV remains recognized by OSHA as an NRTL.

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 Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of TUV Rheinland of North 
America, Inc., (TUV) , as a Nationally Recognized Testing Laboratory 
(NRTL). TUV's expansion request covers the use of the additional test 
standards listed below.
    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 its final 
decision on an application.
    TUV submitted a request, dated May 5, 1999 (see Exhibit 19A), to 
expand its recognition as an NRTL for 139 additional test standards. 
TUV also submitted information in support of its request with a letter, 
dated July 6, 1999 (see Exhibit 19B). In this submission, TUV also 
requested recognition for an additional 5 standards, bringing the total 
requested for the expansion to 144. The NRTL Program staff determined 
that 29 of the 144 standards were not ``appropriate test standards,'' 
within the meaning of 29 CFR 1910.7(c). The staff makes such 
determinations in processing expansion requests from any NRTL. 
Therefore, OSHA approved 115 test standards for the expansion. The 
staff temporarily withheld its consideration of TUV's expansion request 
due to findings noted during a review of TUV's site. TUV has provided 
documentation to OSHA to resolve the issues raised by the review. 
Although the NRTL Program staff has accepted the NRTL's resolution, we 
include a condition below related to this resolution. We also include a 
condition related to the documentation TUV submitted in support of its 
expansion request.
    OSHA published the required notice in the Federal Register (65 FR 
11345, 03/02/2000) to announce the TUV expansion request. The notice 
included a preliminary finding that TUV could meet the requirements for 
expansion of its recognition, subject to certain conditions, and OSHA 
invited public comment on the application by May 1, 2000. OSHA received 
no comments concerning this application.
    The preliminary notice listed 119 test standards, four of which TUV 
had not requested and OSHA had not approved for TUV: UL 443, UL 444, UL 
448, and UL 452. We exclude these standards from this final notice. 
However, as explained below, we include four other test standards in 
the list, bringing the total number of standards approved for the 
expansion to 119.
    In processing TUV's request, OSHA performed an on-site assessment 
(review) of TUV's facility in Newtown, Connecticut, on July 12-14, 
1999. In the final report of the on-site review (see Exhibit 20), the 
assessor recommended the expansion for the additional test standards.
    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).
    You may obtain or review copies of all public documents pertaining 
to the application by contacting the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW,

[[Page 39947]]

Room N2625, Washington, D.C. 20210, telephone: (202) 693-2350. You 
should refer to Docket No. NRTL-3-92, the permanent records of public 
information on the TUV recognition.
    The current address of the TUV facility (site) recognized by OSHA 
is: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, 
Connecticut 06470.

Interim Approval Subject To Review

    Some of the standards requested by TUV were not ``appropriate'' 
because the standards developing organization (SDO) had withdrawn the 
standard. Under our procedures for the NRTL Program, when an SDO 
withdraws a test standard, an NRTL may request recognition for a 
comparable standard, and OSHA will note the substitution if it 
determines the standard is appropriate and comparable. However, through 
no fault of TUV, it made such a request after publication of the 
preliminary notice (see Exh. 19C). OSHA has included in the list below 
UL 2157, UL 2158, and UL 3121-1, as replacement for UL 1092, UL 560, UL 
1555, and UL 1556, all of which TUV included in its original request of 
May 5. Also, in its May 5 request, TUV had applied for ``UL 335-1 
General Appliances, IEC based,'' which the NRTL staff did not find 
listed in UL's on-line catalog of standards. Therefore, the staff 
excluded this standard from the preliminary notice. After the 
publication of the notice, the staff learned that TUV had intended to 
apply for UL 60335-1 Safety of Household and Similar Electrical 
Appliances, Part 1; General Requirements. OSHA would have included this 
standard in the preliminary notice if the staff had known and reviewed 
the correct standard. OSHA is expanding the recognition of TUV to 
include the above four standards, which require the same type of 
capabilities as many other test standards approved for the expansion. 
However, since these standards were not included in the preliminary 
notice, the Agency will provide interested parties an opportunity to 
comment. Comments submitted by interested parties must be received no 
later than August 28, 2000. If we receive comments, OSHA will determine 
whether additional procedures are necessary.

Additional Conditions

    TUV has demonstrated its general capability for testing to the 
above standards. The testing capabilities required under these 
standards are very similar to those standards for which it is already 
recognized. TUV has general ``procedures'' that it can adapt for each 
specific test standard covered by this notice, and it will develop more 
specific testing procedures for each test standard. However, it must 
have these procedures in-place before it can undertake 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 recognizes TUV for the 
additional standards listed above subject to a later assessment of the 
relevant documentation and procedures for testing to these standards. 
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 properly meet the condition.
    As mentioned above, TUV submitted documentation to OSHA to resolve 
certain findings noted during a review of TUV's site. The NRTL Program 
staff withheld its consideration of TUV's expansion request until the 
NRTL submitted its resolution. Although the staff has accepted the 
resolution, it will take some time to implement. However, since the 
staff believes that TUV will make full implementation, OSHA has decided 
to proceed with the expansion but includes a condition to comply with 
our approval procedures. The condition provides the Agency with added 
assurance that TUV will properly implement its resolution. 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.
    Therefore, OSHA includes appropriate conditions below to address 
these matters. These conditions apply solely to the TUV operations as 
an NRTL and solely to those products that it certifies for purposes of 
enabling employers to meet OSHA product approval requirements. The 
conditions are in addition to the other conditions listed below, which 
OSHA normally imposes in its recognition of an organization as an NRTL. 
The NRTL Program staff includes these types of additional conditions on 
OSHA's informational web page for the NRTL. When the staff determines 
that a particular condition has been satisfied, not only for TUV but 
for any NRTL, they will remove the condition from the web page and 
notify the NRTL accordingly. OSHA has no requirement to publish a 
public notice to remove conditions it imposes as part of its NRTL 
recognition activities.

Final Decision and Order

    The NRTL Program staff has examined the application, the on-site 
review report, and other pertinent information. Based upon this 
examination and the staff's recommendation, OSHA finds that TUV 
Rheinland of North America, Inc., has met the requirements of 29 CFR 
1910.7 for expansion of its recognition to include the additional test 
standards, listed below, subject to the limitations and conditions 
listed below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby 
expands the recognition of TUV, subject to these limitations and 
conditions.

Limitations

    OSHA hereby expands the recognition of TUV for testing and 
certification of products to demonstrate conformance to the 119 
additional test standards listed below. OSHA has determined that each 
test standard meets the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).
    The Agency's recognition of TUV, or any NRTL, for a particular test 
standard is always limited to equipment or materials (products) for 
which OSHA standards require third party testing and certification 
before use in the workplace. As a result, OSHA'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.

UL 22 Amusement and Gaming Machines
UL 48 Electric Signs
UL 67 Panelboards
UL 73 Motor-Operated Appliances
UL 82 Electric Gardening Appliances
UL 122 Photographic Equipment
UL 130 Electric Heating Pads
UL 136 Pressure Cookers
UL 141 Garment Finishing Appliances
UL 153 Portable Electric Lamps
UL 174 Household Electric Storage Tank Water Heaters
UL 197 Commercial Electric Cooking Appliances
UL 250 Household Refrigerators and Freezers
UL 298 Portable Electric Hand Lamps
UL 430 Waste Disposers
UL 469 Musical Instruments and Accessories
UL 471 Commercial Refrigerators and Freezers

[[Page 39948]]

UL 474 Dehumidifiers
UL 482 Portable Sun/Heat Lamps
UL 499 Electric Heating Appliances
UL 506 Specialty Transformers
UL 507 Electric Fans
UL 508 Industrial Control Equipment
UL 508C Power Conversion Equipment
UL 541 Refrigerated Vending Machines
UL 561 Floor Finishing Machines
UL 583 Electric-Battery-Powered Industrial Trucks
UL 621 Ice Cream Makers
UL 696 Electric Toys
UL 697 Toy Transformers
UL 745-1 Portable Electric Tools
UL 745-2-1 Particular Requirements of Drills
UL 745-2-2 Particular Requirements for Screwdrivers and Impact Wrenches
UL 745-2-3 Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4 Particular Requirements for Sanders
UL 745-2-5 Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6 Particular Requirements for Hammers
UL 745-2-8 Particular Requirements for Shears and Nibblers
UL 745-2-9 Particular Requirements for Tappers
UL 745-2-11 Particular Requirements for Reciprocating Saws
UL 745-2-12 Particular Requirements for Concrete Vibrators
UL 745-2-14 Particular Requirements for Planers
UL 745-2-17 Particular Requirements for Routers and Trimmers
UL 745-2-30 Particular Requirements for Staplers
UL 745-2-31 Particular Requirements for Diamond Core Drills
UL 745-2-32 Particular Requirements for Magnetic Drill Presses
UL 745-2-33 Particular Requirements for Portable Bandsaws
UL 745-2-34 Particular Requirements for Strapping Tools
UL 745-2-35 Particular Requirements for Drain Cleaners
UL 745-2-36 Particular Requirements for Hand Motor Tools
UL 745-2-37 Particular Requirements for Plate Jointers
UL 749 Household Dishwashers
UL 751 Vending Machines
UL 763 Motor-Operated Commercial Food Preparing Machines
UL 775 Graphic Arts Equipment
UL 778 Motor Operated Water Pumps
UL 826 Household Electric Clocks
UL 858 Household Electric Ranges
UL 859 Household Electric Personal Grooming Appliance
UL 867 Electrostatic Air Cleaners
UL 875 Electric Dry Bath Heaters
UL 921 Commercial Electric Dishwashers
UL 923 Microwave Cooking Appliances
UL 935 Fluorescent-Lamp Ballasts
UL 961 Electric Hobby and Sports Equipment
UL 982 Motor-Operated Household Food Preparing Machines
UL 984 Hermetic Refrigerant Motor-Compressors
UL 987 Stationary and Fixed Electric Tools
UL 1004 Electric Motors
UL 1005 Electric Flatirons
UL 1012 Power Units Other than Class Two
UL 1017 Vacuum Cleaning Machines and Blower Cleaners
UL 1018 Electric Aquarium Equipment
UL 1026 Electric Household Cooking and Food-Serving Appliances
UL 1028 Hair Clipping and Shaving Appliances
UL 1042 Electric Baseboard Heating Equipment
UL 1081 Swimming Pool Pumps, Filters and Chlorinators
UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances
UL 1083 Household Electric Skillets and Frying-Type Appliances
UL 1230 Amateur Movie Lights
UL 1236 Battery Chargers for Charging Engine-Starter Batteries
UL 1240 Electric Commercial Clothes-Drying Equipment
UL 1278 Movable and Wall- or Ceiling-Hung Electric Room Heaters
UL 1310 Class 2 Power Units
UL 1409 Low-Voltage Video Products Without Cathode-Ray-Tube Displays
UL 1411 Transformers and Motor Transformers for Use In Audio-, Radio-, 
and Television-Type Appliances
UL 1418 Implosion-Protected Cathode-Ray Tubes for Television-Type 
Appliances
UL 1419 Professional Video and Audio Equipment
UL 1431 Personal Hygiene and Health Care Appliances
UL 1445 Electric Water Bed Heaters
UL 1459 Telephone Equipment
UL 1559 Insect-Control Equipment, Electrocution Type
UL 1561 Dry Type General Purpose and Power Transformers
UL 1563 Electric Spas, Equipment Assemblies, and Associated Equipment
UL 1564 Industrial Battery Chargers
UL 1570 Fluorescent Lighting Fixtures
UL 1571 Incandescent Lighting Fixtures
UL 1572 High Intensity Discharge Lighting Fixtures
UL 1573 Stage and Studio Lighting Units
UL 1574 Track Lighting Systems
UL 1585 Class 2 and Class 3 Transformers
UL 1594 Sewing and Cutting Machines
UL 1647 Motor-Operated Massage and Exercise Machines
UL 1693 Electric Radiant Heating Panels and Heating Panel Sets
UL 1727 Commercial Electric Personal Grooming Appliances
UL 1776 High-Pressure Cleaning Machines
UL 1786 Nightlights
UL 1795 Hydromassage Bathtubs
UL 1838 Low Voltage Landscape Lighting Systems
UL 1995 Heating and Cooling Equipment
UL 2021 Fixed and Location-Dedicated Electric Room Heaters
UL 2157 Electric Clothes Washing Machines and Extractors
UL 2158 Electric Clothes Dryers
UL 3121-1 Process Control Equipment
UL 60335-1 Safety of Household and Similar Electrical Appliances, Part 
1; General Requirements
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 
Use; Part 2: Particular Requirements for Electrically Operated Water 
Valves

    Many of the standards listed above are approved as American 
National Standards by the American National Standards Institute (ANSI). 
However, for convenience, the above list shows the designation of the 
standard developing organization (e.g., UL 22) for the standard, as 
opposed to the ANSI designation (e.g., ANSI/UL 22). Under our 
procedures, an NRTL that is approved for a particular test standard may 
use either the latest proprietary version of the test standard or the 
latest ANSI version of that standard, regardless of whether it is 
currently recognized for the proprietary or ANSI version. Contact ANSI 
or the ANSI web site to find out whether or not a standard is currently 
ANSI approved.
    None of the above standards had been withdrawn by the standards 
developing organization (SDO) at the time of the preparation of the 
notice of preliminary finding.

[[Page 39949]]

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:
    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;
    TUV must restrict the 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;
    OSHA must be allowed access to the TUV facilities 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 must 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 must 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 must inform OSHA as soon as possible, in writing, of any change 
of ownership, facilities, or key personnel, and of any major changes in 
its operations as an NRTL, including details;
    TUV will continue to meet all the terms of its recognition and will 
always comply with all OSHA policies pertaining to this recognition;
    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, DC this 20th day of June, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-16320 Filed 6-27-00; 8:45 am]
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