[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Notices]
[Pages 37030-37032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15631]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL3-92]


TUV Rheinland of North America, Inc., Expansion of Recognition; 
NSF International, Correction 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., for expansion of 
its recognition as a Nationally Recognized Testing Laboratory under 29 
CFR 1910.7. In an unrelated matter, this notice also includes a 
correction of recognition to include an additional test standard for 
NSF International.

EFFECTIVE DATE: This recognition becomes effective on June 20, 2003, 
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: 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 Rheinland of North 
America, Inc.(TUV), as a Nationally Recognized Testing Laboratory 
(NRTL). TUV's expansion 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, 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

[[Page 37031]]

NRTL's scope of recognition or modifications of this scope.
    TUV submitted its application to expand its recognition to use 132 
additional test standards on October 16, 2001 (see Exhibit 28). 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 is including 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).
    OSHA published the notice of its preliminary findings on the 
expansion request in the Federal Register on March 4, 2003 (68 FR 
10269). The notice requested submission of any public comments by March 
19, 2003. OSHA did not receive any comments pertaining to the 
application.
    The previous notice published by OSHA for TUV's recognition covered 
a renewal of recognition, which became effective on March 18, 2002 (67 
FR 12051).
    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 TUV's recognition.
    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.

Existing Condition

    Currently, OSHA imposes the following condition on its recognition 
of TUV. 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 TUV'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.

Final Decision and Order

    The NRTL Program staff has examined the applications, the on-site 
review report, and other pertinent information. Based upon this 
examination and the assessor'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 subject to the limitation and conditions listed below. 
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
recognition of TUV, 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 115 test standards, 
and OSHA has determined the standards are ``appropriate,'' within the 
meaning of 29 CFR 1910.7(c).

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
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

[[Page 37032]]

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 Wire 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

    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 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 1029) 
for the standard, as opposed to the ANSI designation (e.g., ANSI/UL 
1029). 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

    TUV 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;
    OSHA must be allowed access to TUV's facility 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 test standard 
developing organization 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 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.

Notice of Correction

    With respect to Docket No. NRTL2-98, NSF International (NSF) 
applied for a test standard listed below as part of their original 
expansion request but inadvertently left it out in the later version of 
that request. OSHA is expanding the recognition of NSF to include UL 
563 Ice Makers, which requires the same type of capabilities as other 
test standards approved for their expansion request dated June 25, 2002 
(see exhibit 10). This action is unrelated to our expansion of TUV's 
recognition. We include it herein only for convenience in processing.

    Signed at Washington, DC, this 11th day of June, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-15631 Filed 6-19-03; 8:45 am]
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