[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19856-19858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9875]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-2001]


TUV Product Services GmbH, 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 Product Services GmbH for expansion of its 
recognition as a Nationally Recognized Testing Laboratory under 29 CFR 
1910.7. Also, eight standards are granted interim approval subject to 
review.

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 May 7, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by May 7, 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 May 7, 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 NRTL2-92, 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 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 
NRTL2-92, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Web 
page 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 Web page. Please contact 
the OSHA Docket Office at (202) 693-2350 for information about 
materials not available through the OSHA Web page and for assistance in 
using the Web page 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.

EFFECTIVE DATE: This recognition becomes effective on April 22, 2003, 
and, unless modified in accordance with 29 CFR 1910.7, continues in 
effect while TUVPSG remains recognized by OSHA as an NRTL.

FOR FURTHER INFORMATION CONTACT: 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 Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of TUV Product Services 
GmbH (TUVPSG) as a Nationally Recognized Testing Laboratory (NRTL). 
TUVPSG's expansion 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 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, 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 an application. These 
notices set forth the NRTL's scope of recognition or modifications of 
this scope.
    TUVPSG submitted its application to expand its recognition to use 
46 additional test standards on June 28, 2002 (see Exhibit 7), and 
submitted an amended application on August 1, 2002 (see Exhibit 7-1), 
which added 11 more test standards to its original request. In the 
preliminary notice, we inadvertently identified the August 1 amendment 
as the original application but omitted the additional standards. We 
have included them as explained below. The NRTL Program staff 
determined that 2 of the 46 test standards originally requested could 
not 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 is approving 44 of those 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.
    For purposes of the application, OSHA performed an onsite review of 
the NRTL in June 2002, in conjunction

[[Page 19857]]

with OSHA's regular audit of TUVPSG. In a memo, dated July 31, 2002 
(see Exhibit 8), the OSHA assessor recommended granting the expansion 
request. OSHA published the notice of its preliminary findings on the 
expansion request in the Federal Register on January 24, 2003 (68 FR 
3564). The notice requested submission of any public comments by 
February 10, 2003. OSHA did not receive any comments pertaining to the 
application.
    The previous notice published by OSHA for TUVPSG's recognition 
covered its initial recognition, which became effective on July 20, 
2001 (66 FR 38032).
    You may obtain or review copies of all public documents pertaining 
to the TUVPSG 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. NRTL1-2001, the permanent record of public 
information on the TUVPSG recognition.
    The current address of the facility (site) that OSHA recognizes for 
TUVPSG is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, 
Munich, Germany.

Interim Approval Subject to Review

    As mentioned above, TUVPSG submitted an amendment to the expansion 
request to use 11 additional test standards. Three of the standards 
requested by TUVPSG were not ``appropriate'' because the standards 
developing organization (SDO) had withdrawn the standards. Therefore, 
OSHA is expanding the recognition of TUVPSG to include the 8 standards 
listed below, which require the same type of capabilities as other test 
standards approved for the expansion. This brings the total to 52 test 
standards approved for the expansion.

UL 298 Portable Electric Hand Lamps
UL 588 Christmas-Tree and decorative Lighting Outfits
UL 676 Underwater Lighting Fixtures
UL 1230 Amateur Movie Lights
UL 1573 Stage and Studio Lighting Units
UL 1574 Track Lighting Systems
UL 1598 Luminaries
UL 1786 Nightlights

    Since these 8 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 May 7, 2003. If we receive comments, OSHA will determine 
whether additional procedures are necessary.

Existing Condition

    Currently, OSHA imposes a special condition on its recognition of 
TUVPSG. This condition is listed first under the ``Conditions'' 
section, which is the last section of this notice, and applies also to 
this expansion for additional test standards. As mentioned in previous 
notices, such a special condition applies solely to TUVPSG's NRTL 
operations, and it is in addition to any other condition that OSHA 
normally imposes in its recognition of any organization as an NRTL.
    The condition makes reference to TUV America, Inc. (TUVAM), which 
is another NRTL organization recognized by OSHA.

Final Decision and Order

    The NRTL Program staff has examined the applications, the 
assessor's report, and other pertinent information. Based upon this 
examination and the assessor's recommendation, OSHA finds that TUV 
Product Services GmbH has met the requirements of 29 CFR 1910.7 for 
expansion of its recognition to include the additional test standards 
subject to the limitation and conditions listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of 
TUVPSG, subject to this limitation and these conditions.

Limitation

    OSHA limits the expansion to testing and certification of products 
for demonstration of conformance to the following 52 test standards, 
and OSHA has determined the standards are ``appropriate,'' within the 
meaning of 29 CFR 1910.7(c).

UL 197 Commercial Electric Cooking Appliances
UL 250 Household Refrigerators and Freezers
UL 298 Portable Electric Hand Lamps
UL 429 Electrically Operated Valves
UL 474 Dehumidifiers
UL 484 Room Air Conditioners
UL 499 Electric Heating Appliances
UL 588 Christmas-Tree and decorative Lighting Outfits
UL 676 Underwater Lighting Fixtures
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
UL 1230 Amateur Movie Lights
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 1573 Stage and Studio Lighting Units
UL 1574 Track Lighting Systems
UL 1594 Sewing and Cutting Machines
UL 1598 Luminaries
UL 1647 Motor-Operated Massage and Exercise Machines
UL 1786 Nightlights
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 60335-2-8 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

[[Page 19858]]

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, 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 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 often 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, 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 
whether it is currently recognized for the proprietary or ANSI version. 
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.

Conditions

    TUVPSG must also abide by the following conditions of the 
recognition, in addition to those already required by 29 CFR 1910.7:
    Only TUV America, Inc. (TUVAM), or TUV Product Services GmbH 
(TUVPSG) may authorize the U.S. registered certification mark currently 
owned by TUV America, Inc. TUVPSG may authorize the use of this mark 
only at the facility recognized by OSHA;
    OSHA must be allowed access to TUVPSG's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If TUVPSG has reason to doubt the efficacy of any test standard it 
is using under this program, it must promptly inform the test standard 
developing organization of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    TUVPSG 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, TUVPSG 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;
    TUVPSG 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;
    TUVPSG will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    TUVPSG will continue to meet the requirements for recognition in 
all areas where it has been recognized.

    Signed in Washington, DC this 11th day of April, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-9875 Filed 4-21-03; 8:45 am]
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