[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Notices]
[Pages 10269-10272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5051]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL3-92]


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., for expansion of its recognition as a Nationally 
Recognized Testing 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 the 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 March 19, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by March 19, 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 March 19, 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 NRTL3-92, 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

[[Page 10270]]

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 
NRTL3-92, 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: Sherry Nicolas, 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 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's current scope of 
recognition for TUV may be found in the following informational web 
page: 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 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, OSHA can accept products ``properly certified'' by the 
NRTL.
    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 notice published by OSHA for TUV's recognition 
covered a renewal of recognition, which became effective on March 18, 
2002 (67 FR 12051).
    The current address of the testing facility (site) that OSHA 
recognizes for TUV is: TUV Rheinland of North America, Inc., 12 
Commerce Road, Newtown, Connecticut 06470.

General Background on the Application

    TUV has submitted a request, dated October 16, 2001 (see Exhibit 
28), to expand its recognition to use 132 additional test standards. 
The NRTL Program staff has determined that 17 of the 132 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 such determinations in processing expansion requests from any 
NRTL. Therefore, OSHA would include 115 standards in the expansion, as 
listed below. OSHA performed an on-site review of the NRTL in June 2002 
and recommended the expansion in a memo dated October 17, 2002 (see 
Exhibit 29).
    The NRTL Program staff found that a few of the standards requested 
by TUV have been withdrawn or replaced by the standards developing 
organization. Under OSHA policy, we can no longer recognize the NRTL 
for such test standards but the NRTL may request or OSHA can provide 
recognition for comparable test standards, i.e., other appropriate test 
standards covering similar types of product testing. The appropriate 
deletions and substitutions are reflected in the listing below.

ANSI A17.5 Elevators and Escalator Electrical Equipment
ANSI A90.1 Safety Standard for Belt Manlifts
ANSI C12.1 Code for Electricity Meters
ANSI C37.21 Control Switchboards
ANSI Z8.1 Commercial Laundry and Dry-cleaning Equipment and 
Operations
ANSI/NFPA 72 Installation, Maintenance, and Use of Protective 
Signaling Systems
UL 44 Rubber-Insulated Wires and Cables Thermoset-Insulated Wires 
and Cables
UL 45 Portable Electric Tools
UL 50 Enclosures for Electrical Equipment
UL 62 Flexible Cord and Fixture Wire
UL 65 Wired Cabinets
UL 69 Electric-Fence Controllers
UL 83 Thermoplastic-Insulated Wires and Cables
UL 150 Antenna Rotators
UL 187 X-Ray Equipment
UL 201 Garage Equipment
UL 224 Extruded Insulating Tubing
UL 231 Power Outlets
UL 234 Low Voltage Lighting Fixtures for Use in Recreational 
Vehicles
UL 244A Solid-State Controls for Appliances
UL 291 Automated Teller Systems
UL 294 Access Control System Units
UL 325 Door, Drapery, Gate, Louver, and Window Operators and Systems
UL 347 High-Voltage Industrial Control Equipment
UL 416 Refrigerated Medical Equipment
UL 427 Refrigerating Units
UL 429 Electrically Operated Valves
UL 444 Communications Cables
UL 466 Electric Scales
UL 467 Electrical Grounding and Bonding Equipment
UL 484 Room Air Conditioners
UL 496 Edison Base Lampholders
UL 498 Attachment Plugs and Receptacles
UL 508A Industrial Control Panels
UL 542 Lampholders, Starters, and Starter Holders for Fluorescent 
Lamps
UL 551 Transformer-Type Arc-Welding Machines
UL 563 Ice Makers
UL 574 Electric Oil Heaters
UL 588 Christmas-Tree and Decorative-Lighting Outfits
UL 603 Power Supplies for Use with Burglar-Alarm Systems
UL 606 Linings and Screens for Use with Burglar-Alarm Systems
UL 609 Local Burglar-Alarm Units and Systems
UL 632 Electrically Actuated Transmitters
UL 634 Connectors and Switches for Use with Burglar-Alarm Systems
UL 636 Holdup Alarm Units and Systems
UL 639 Intrusion-Detection Units
UL 664 Commercial Dry-Cleaning Machines (Type IV)
UL 676 Underwater Lighting Fixtures
UL 681 Installation and Classification of Burglar and Holdup Alarm 
Systems
UL 756 Coin and Currency Changers and Actuators
UL 773 Plug-In Locking-Type Photocontrols for Use With Area Lighting
UL 773A Nonindustrial Photoelectric Switches for Lighting Control
UL 813 Commercial Audio Equipment

[[Page 10271]]

UL 817 Cord Sets and Power-Supply Cords
UL 827 Central Station Alarm Services
UL 834 Heating, Water Supply, and Power Boilers--Electric
UL 845 Motor Control Centers
UL 869A Standard for Service Equipment
UL 884 Underfloor Raceways and Fittings
UL 916 Energy Management Equipment
UL 917 Clock-Operated Switches
UL 924 Emergency Lighting and Power Equipment
UL 983 Surveillance Cameras Units
UL 998 Humidifiers
UL 1008 Transfer Switch Equipment
UL 1023 Household Burglar-Alarm System Units
UL 1029 High-Intensity Discharge Lamp Ballasts
UL 1030 Sheathed Heater Elements
UL 1034 Burglary Resistant Electric Locking Mechanisms
UL 1054 Special-Use Switches
UL 1076 Proprietary Burglar-Alarm Units and Systems
UL 1077 Supplementary Protectors for Use in Electrical Equipment
UL 1086 Household Trash Compactors
UL 1088 Temporary Lighting Strings
UL 1090 Electric Snow Movers
UL 1097 Double Insulation Systems for Use in Electrical Equipment
UL 1206 Electric Commercial Clothes-Washing Equipment
UL 1241 Junction Boxes for Swimming Pool Lighting Fixtures
UL 1261 Electric Water Heaters for Pools and Tubs
UL 1283 Electromagnetic-Interference Filter
UL 1286 Office Furnishings
UL 1414 Across-the-Line, Antenna-Coupling, and Line-by-Pass 
Capacitors for Radio-Television-Type Appliances
UL 1433 Control Centers for Changing Message Type Electric Signs
UL 1447 Electric Lawn Mowers
UL 1448 Electric Hedge Trimmers
UL 1450 Motor Operated Air Compressors, Vacuum Pumps and Painting 
Equipment
UL 1472 Solid-State Dimming Controls
UL 1565 Positioning Devices
UL 1581 Standard for Electrical Wires, Cables, and Flexible Cords
UL 1610 Central-Station Burglar-Alarm Units
UL 1637 Home Health Care Signaling Equipment
UL 1638 Visual Signaling Appliances
UL 1740 Industrial Robots and Robotic Equipment
UL 1778 Uninterruptible Power Supply Equipment
UL 1951 Electric Plumbing Accessories
UL 1993 Self-Ballasted Lamps and Lamp Adapters
UL 1994 Low-Level Path Marking and Lighting Systems
UL 1996 Duct Heaters
UL 2044 Commercial Closed Circuit Television Equipment
UL 2097 Double Insulation Systems for Use in Electronic Equipment
UL 2106 Field Erected Boiler Assemblies
UL 2111 Overheating Protection for Motors
UL 3044 Surveillance Closed Circuit Television Equipment
UL 60335-2-8 Household and Similar Electric Appliances, Part 2; 
Particular Requirements for Electric Shavers, Hair Clippers and 
Similar Appliances
UL 60335-2-34 Household and Similar Electrical Appliances, Part 2; 
Particular Requirements for Motor-Compressors
UL 60730-1 Automatic Electrical Controls for Household and Similar 
Use; Part 1: General Requirements
UL 60730-2-6 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Automatic Electrical 
Pressure Sensing Controls Including Mechanical 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 61058-1 Switch for Appliances for Household and Similar 
Applications

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    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) 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 1008) for the standard, 
as opposed to the ANSI designation (e.g., ANSI/UL 1008). 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 ``NSSN'' (http://www.nssn.org), an organization partially sponsored by ANSI, to find out 
whether or not a test standard is currently ANSI-approved.

Existing Condition

    Currently, OSHA imposes the following condition on its recognition 
of TUV. This condition would apply also to the recognition of the 
additional test standards and applies solely to TUV's NRTL operations. 
It is in addition to any other condition that OSHA normally imposes in 
its recognition of an organization as an NRTL.

    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.

Preliminary Finding on the Application

    TUV has submitted an acceptable request for expansion of its 
recognition as an NRTL. As mentioned, in connection with this request, 
OSHA has performed an on-site review of TUV's NRTL testing facility. 
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 29).
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA can grant to TUV the expansion of recognition 
as an NRTL to use the additional test standards listed above, subject 
to the conditions as noted. The staff, therefore, recommended to the 
Assistant Secretary that the application be preliminarily approved.
    Based upon the recommendations of the staff, the Assistant 
Secretary has made a preliminary finding that the TUV Rheinland of 
North America, Inc., can meet the 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, as to whether 
TUV 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

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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 TUV's requests, the on-site review 
reports, 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. NRTL3-92 contains all materials in the record concerning TUV'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 TUV's expansion request. The Agency 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 at Washington, DC, this 25th day of February, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-5051 Filed 3-3-03; 8:45 am]
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