[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Notices]
[Pages 3564-3566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1602]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-2001]


TUV Product Services GmbH, 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 Product Services 
GmbH for expansion of its recognition as a Nationally Recognized 
Testing

[[Page 3565]]

Laboratory 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: You may submit comments in response to this notice, or any 
request for extension of the time to comment, by (1) regular mail, (2) 
express or overnight delivery service, (3) hand delivery, (4) messenger 
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of 
comments by regular mail. Comments (or any request for extension of the 
time to comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by February 10, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by February 10, 2003. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by February 10, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket NRTL1-2001, Room N-2625, U.S. 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA 
Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket 
NRTL1-2001, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Webpage 
http://www.osha.gov. Accordingly, OSHA cautions you about submitting 
information of a personal nature (e.g., social security number, date of 
birth). There may be a lag time between when comments and submissions 
are received and when they are placed on the Webpage. Please contact 
the OSHA Docket Office at (202)693-2350 for information about materials 
not available through the OSHA Webpage and for assistance in using the 
Webpage to locate docket submissions. Comments and submissions will 
also be available for inspection and copying at the OSHA Docket Office 
at the address above.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
address shown immediately above for the program, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that TUV Product Services GmbH (TUVPSG) has applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). TUVPSG's expansion request covers the use of 
additional test standards. OSHA's current scope of recognition for 
TUVPSG may be found in the following informational web page: http://www.osha-slc.gov/dts/otpca/nrtl/tuvpsg.html.
    OSHA recognition of any NRTL signifies that the organization has 
met the legal requirements in Sec.  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 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 an application. These notices set forth 
the NRTL's scope of recognition or modifications of this scope. We 
maintain an informational web page for each NRTL, which details its 
scope of recognition. These pages can be accessed from our Web site at 
http://www.osha-slc.gov/dts/otpca/nrtl/index.html.
    The most recent notices published by OSHA for TUVPSG's recognition 
covered its initial recognition, which became effective on July 20, 
2001 (66 FR 38032).
    The current address of the facility (site) that OSHA recognizes for 
TUVPSG is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, 
Munich, Germany.

General Background on the Application

    TUVPSG has submitted an application, dated August 1, 2002 (see 
Exhibit 7), to expand its recognition to use 46 additional test 
standards. The NRTL Program staff has determined that two test 
standards cannot be included in the expansion because they are not 
``appropriate test standards,'' within the meaning of 29 CFR 1910.7(c). 
The staff makes similar determinations in processing expansion requests 
from any NRTL. Therefore, OSHA would approve 44 test standards for the 
expansion, which are listed below. One of the test standards requested 
by TUVPSG, UL 3101-2-20, is listed below using its current designation, 
UL 61010A-2-020.
    As part of OSHA's regular audit of TUVPSG, NRTL Program assessment 
staff learned of TUVPSG's planned request for expansion and reviewed 
the NRTL's capability to test to the standards listed below. In a memo, 
dated July 31, 2002, (see Exhibit 8) the OSHA assessor recommended the 
expansion request.
    TUVPSG seeks recognition for testing and certification of products 
for demonstration of conformance to the following 44 additional test 
standards.

UL 197 Commercial Electric Cooking Appliances
UL 250 Household Refrigerators and Freezers
UL 429 Electrically Operated Valves
UL 474 Dehumidifiers
UL 484 Room Air Conditioners
UL 499 Electric Heating Appliances
UL 749 Household Dishwashers
UL 859 Household Electric Personal Grooming Appliance
UL 873 Temperature-Indicating and -Regulating Equipment
UL 921 Commercial Electric Dishwashers
UL 923 Microwave Cooking Appliances
UL 935 Fluorescent-Lamp Ballasts
UL 982 Motor-Operated Household Food Preparing Machines
UL 998 Humidifiers
UL 1004 Electric Motors
UL 1005 Electric Flatirons
UL 1026 Electric Household Cooking and Food Serving Appliances
UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances
UL 1083 Household Electric Skillets and Frying-Type Appliances

[[Page 3566]]

UL 1278 Movable and Wall- or Ceiling-Hung Electric Room Heaters
UL 1310 Class 2 Power Units
UL 1411 Transformers and Motor Transformers for Use In Audio-, 
Radio-, and Television-Type Appliances
UL 1431 Personal Hygiene and Health Care Appliances
UL 1492 Audio-Video Products and Accessories
UL 1594 Sewing and Cutting Machines
UL 1647 Motor-Operated Massage and Exercise Machines
UL 1993 Self-Ballasted Lamps and Lamp Adapters
UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements 
for Safety
UL 60335-1 Safety of Household and Similar Electrical Appliances, 
Part 1; General Requirements
UL 60335-8 Household and Similar Electrical Appliances, Part 2: 
Particular Requirements for Shavers, Hair Clippers, and Similar 
Appliances
UL 60335-2-34 Household and Similar Electrical Appliances, Part 2; 
Particular Requirements for Motor-Compressors
UL 60730-1A Automatic Electrical Controls for Household and Similar 
Use; Part 1: General Requirements
UL 60730-2-7 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Timers and Time Switches
UL 60730-2-10A Automatic Electrical Controls for Household and 
Similar Use; Part 2: Particular Requirements for Motor Starting 
Relays
UL 60730-2-11A Automatic Electrical Controls for Household and 
Similar Use; Part 2: Particular Requirements for Energy Regulators
UL 60730-2-12A Automatic Electrical Controls for Household and 
Similar Use; Part 2: Particular Requirements for Electrically 
Operated Door Locks
UL 60730-2-13A Automatic Electrical Controls for Household and 
Similar Use; Part 2: Particular Requirements for Humidity Sensing 
Controls
UL 60730-2-14 Automatic Electrical Controls for Household and 
Similar Use; Part 2: Particular Requirements for Electric Actuators
UL 60730-2-16A Automatic Electrical Controls for Household and 
Similar Use; Part 2: Particular Requirements for Automatic 
Electrical Water Level Controls
UL 61010A-2-010 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for the Heating of 
Materials
UL 61010A-2-020 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Centrifuges
UL 61010A-2-041 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves Using Steam for the Treatment 
of Medical Materials and for Laboratory Processes
UL 61010A-2-051 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for Mixing and 
Stirring
UL 61010A-2-061 Electrical Equipment for Laboratory Use; Part 2: 
Laboratory Atomic Spectrometers with Thermal Atomization and 
Ionization

    OSHA's recognition of TUVPSG, 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, any NRTL's scope of 
recognition excludes any product(s) that fall within the scope of a 
test standard, but for which OSHA standards do not require NRTL testing 
and certification.
    Many of the UL test standards listed above also are approved as 
American National Standards by the American National Standards 
Institute (ANSI). However, for convenience, we use the designation of 
the standards developing organization (e.g., UL 1026) for the standard, 
as opposed to the ANSI designation (e.g., ANSI/UL 1026). Under our 
procedures, any 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. (Contact ANSI or the ANSI Web 
site (http://www.ansi.org) and click ``NSSN'' to find out whether or 
not a test standard is currently ANSI-approved.)

Preliminary Finding

    TUVPSG has submitted an acceptable request for expansion of its 
recognition. As previously mentioned, in connection with the request, 
OSHA has performed an on-site review (evaluation) of TUVPSG's testing 
capability relative to the standards listed above. The NRTL has 
resolved any discrepancies noted by the assessor following the review, 
and the assessor factored such resolution into the memo on the 
recommendation (see Exhibit 8).
    Following a review of the application file, the assessor's memo, 
and other pertinent information, the NRTL Program staff has concluded 
that OSHA can grant to TUVPSG the expansion of recognition to include 
the test standards listed above. The staff therefore recommended to the 
Assistant Secretary that the application be preliminarily approved, 
subject to the above condition.
    Based upon the recommendations of the staff, the Assistant 
Secretary has made a preliminary finding that TUV Product Services GmbH 
can meet the requirements as prescribed by 29 CFR 1910.7 for the 
expansion of recognition, subject to the above condition. This 
preliminary finding, however, does not constitute an interim or 
temporary approval of the applications for TUVPSG.
    OSHA welcomes public comments, in sufficient detail, as to whether 
TUVPSG has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. To 
consider a comment, OSHA must receive it at the address provided above 
(see ADDRESSES), no later than the last date for comments (see DATES 
above). Should you need more time to comment, OSHA must receive your 
written request for extension at the address provided above no later 
than the last date for comments. You must include your reason(s) for 
any request for extension. OSHA will limit any extension to 30 days, 
unless the requester justifies a longer period. We may deny a request 
for extension if it is frivolous or otherwise unwarranted. You may 
obtain or review copies of TUVPSG's request, the assessor's memo, 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. Docket No. NRTL1-2001 
contains all materials in the record concerning TUVPSG's application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant TUVPSG's expansion request. The Assistant Secretary will make 
the final decision on granting the expansion, and in making this 
decision, may undertake other proceedings that are prescribed in 
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this 
final decision in the Federal Register.

    Signed in Washington, DC this 15th day of January, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-1602 Filed 1-23-03; 8:45 am]
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