[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 12051-12054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6448]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL3-92]


TUV Rheinland of North America, Inc., Renewal 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 the TUV Rheinland of North America, Inc. (TUV), for 
renewal of its recognition as a Nationally Recognized Testing 
Laboratory under 29 CFR 1910.7.

EFFECTIVE DATE: The renewal becomes effective on March 18, 2002 and 
will be valid until March 19, 2007, unless terminated or modified prior 
to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet or Sherrey Nicolas, 
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 Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the renewal of recognition of TUV Rheinland of North 
America, Inc. (TUV), as a Nationally Recognized Testing Laboratory 
(NRTL). The NRTL's scope of recognition may be found in OSHA's 
informational web page for the NRTL (http://www.osha-slc.gov/dts/otpca/nrtl/tuv.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.
    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 is wholly owned by TUV Rheinland e. V. of 
Cologne, Germany. TUV is a U.S. corporation incorporated in the state 
of Delaware in 1983.
    TUV received its recognition as an NRTL on August 16, 1995 (60 FR 
42594), for a period of five years ending August 16, 2000. Appendix A 
to 29 CFR 1910.7 stipulates that the period of recognition of an NRTL 
is five years and that an NRTL may renew its recognition by applying 
not less than nine months, nor more than one year, before the 
expiration date of its current recognition. TUV submitted its renewal

[[Page 12052]]

request on November 16, 1999 (see Exhibit 23), within the time 
allotted, and TUV retains its recognition pending OSHA's final decision 
in this renewal process.
    In processing TUV's request, OSHA performed an on-site review of 
TUV's facility listed below. Following the on-site evaluation, NRTL 
Program staff recommended the renewal of TUV's recognition (see Exhibit 
24).
    OSHA published the required notice in the Federal Register on 
January 28, 2002 (67 FR 3913), to announce TUV's renewal request. This 
notice included a preliminary finding that TUV could meet the 
requirements in 29 CFR 1910.7 for renewal of its recognition and 
invited public comment by February 15. OSHA received no comments 
concerning this notice.
    The previous notice published by OSHA for TUV's recognition covered 
a modification to its scope of recognition, which became effective on 
September 12, 2001 (66 FR 47505). The following Federal Register 
notices related to TUV's recognition have also been published by OSHA 
to address an expansion of its recognition for additional standards or 
programs: a request announced on March 2, 2000 (65 FR 11197), and 
granted on June 8, 2000 (65 FR 39946); and requests announced on 
December 12, 1997 (62 FR 65446), and January 8, 1998 (63 FR 1127), and 
granted on April 2, 1998 (63 FR 16280). The renewal incorporates all 
recognitions granted to TUV through the date of publication of the 
preliminary finding.
    You may obtain or review copies of all public documents pertaining 
to the TUV application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N2625, Washington, DC 20210. You should 
refer to Docket No. NRTL3-92, the permanent record of public 
information on the TUV recognition.
    The current address of the TUV testing facility already recognized 
by OSHA is: TUV Rheinland of North America, Inc., 12 Commerce Road, 
Newtown, Connecticut 06470.

Programs and Procedures

    The renewal of recognition includes TUV's continued use of the 
following supplemental programs and procedures, based upon the criteria 
detailed in the March 9, 1995 Federal Register notice (60 FR 12980, 3/
9/95). This notice lists nine (9) programs and procedures 
(collectively, programs), eight of which an NRTL may use to control and 
audit, but not actually to generate, the data relied upon for product 
certification. An NRTL's initial recognition will always include the 
first or basic program, which requires that all product testing and 
evaluation be performed in-house by the NRTL that will certify the 
product. OSHA has already recognized TUV for these programs, which are 
listed, as shown below, in OSHA's informational web page on the TUV 
recognition (http://www.osha-slc.gov/dts/otpca/nrtl/tuv.html).
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 8: Acceptance of product evaluations from organizations 
that function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.
    OSHA developed these programs to limit how an NRTL may perform 
certain aspects of its work and to permit the activities covered under 
a program only when the NRTL meets certain criteria. In this sense, 
they are special conditions that the Agency places on an NRTL's 
recognition. OSHA does not consider these programs in determining 
whether an NRTL meets the requirements for recognition under 29 CFR 
1910.7. However, these programs help to define the scope of that 
recognition.

Existing Condition

    Currently, OSHA imposes the following condition on its recognition 
of TUV as an NRTL, and continues to impose the condition as part of the 
renewal. This condition applies solely to TUV's operations as an NRTL 
and is in addition to any other condition that OSHA normally imposes in 
its recognition of an organization as an NRTL. This condition is listed 
first under the ``Conditions'' section below and provides as follows:
    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.

Final Decision and Order

    The NRTL Program staff has examined the application, the assessor's 
report, and other pertinent information. Based upon this examination 
and the assessor's recommendation, OSHA finds that the TUV Rheinland of 
North America, Inc., has met the requirements of 29 CFR 1910.7 for 
renewal of its NRTL recognition. The renewal applies to the site listed 
above. In addition, it covers the test standards listed below, and it 
is subject to the limitations and conditions, also listed below. 
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the 
recognition of TUV, subject to these limitations and conditions.

Limitations

    OSHA limits the renewal of recognition of TUV to the site listed 
above. OSHA further limits the renewal of recognition of TUV to testing 
and certification of products for demonstration of conformance to the 
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).

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
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 544  Electric Medical and Dental Equipment
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

[[Page 12053]]

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  Electrc 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 1598  Luminaries
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
ANSI/UL 1950  Information Technology Equipment Including Electrical 
Business Equipment
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 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 3121-1  Process Control Equipment
UL 6500  Audio/Video and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use
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
UL 60335-1  Safety of Household and Similar Electrical Appliances, 
Part 1; General Requirements

    At the time of preparation of the preliminary notice, some of the 
test standards for which OSHA currently recognizes TUV, and which are 
listed above, have been withdrawn or replaced by the standards 
developing organization. Under OSHA policy regarding such withdrawn or 
replaced test standards, OSHA can no longer recognize the NRTL for the 
test standards but the NRTL may request recognition for comparable test 
standards, i.e., other appropriate test standards covering similar 
types of product testing. However, a number of other NRTLs also are 
recognized for these withdrawn or replaced standards. As a result, OSHA 
will publish a separate notice to make the appropriate substitutions 
for TUV and the other NRTLs that were recognized for these standards.
    OSHA's recognition of TUV, 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, an NRTL's scope of 
recognition excludes any product(s) falling within the scope of a test 
standard for which OSHA has no NRTL testing and certification 
requirements.
    Many of the test standards listed above are approved as American 
National Standards by the American National Standards Institute (ANSI). 
However, for convenience in compiling the list, we use the designation 
of the standards developing organization (e.g., UL 1004) for the 
standard, as opposed to the ANSI designation (e.g., ANSI/UL 1004). 
Under our procedures, an 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, regardless of 
which version appears in the list of test standards found in OSHA's 
informational web page for the NRTL. Contact ANSI or the ANSI web site 
(http://www.ansi.org) and click ``NSSN'' to find out whether or not a 
test standard currently is ANSI-approved.

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:

[[Page 12054]]

    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;
    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; 
and
    TUV will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 8th day of March, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 02-6448 Filed 3-15-02; 8:45 am]
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