[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51373-51374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17183]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-2001]


TUV America, Inc., Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision expanding the recognition of TUV 
America, Inc., as a Nationally Recognized Testing Laboratory under 29 
CFR 1910.7.

DATES: The expansion of recognition becomes effective on August 30, 
2005.

FOR FURTHER INFORMATION CONTACT: 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 America, Inc., 
(TUVAM) as a Nationally Recognized Testing Laboratory (NRTL). This 
expansion covers the use of additional test standards. OSHA's current 
scope of recognition for TUVAM may be found in the following 
informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/tuvam.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'' \1\ by 
the NRTL to meet OSHA standards that require testing and certification.
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    \1\ Properly certified means, in part, that the product is 
labeled or marked with the NRTL's ``registered'' certification mark 
(i.e., the mark the NRTL uses for its NRTL work) and that the 
product certification falls within the scope of recognition of the 
NRTL.
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    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. 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.
    TUVAM submitted an application, dated August 1, 2003 (see Exhibits 
7 and 7-1), to expand its recognition to include 45 additional test 
standards. The NRTL Program staff determined that one of these 
standards is not an ``appropriate test standard'' within the meaning of 
29 CFR 1910.7(c). The staff makes this determination in processing the 
expansion request of any NRTL. Therefore, OSHA is approving 44 test 
standards for the expansion. Following review of the application, OSHA 
requested certain additional information from TUVAM and deferred action 
on the application pending receipt of this information. The NRTL 
adequately responded to that request prior to publication of the 
preliminary notice, permitting OSHA to resume processing of the 
application. The preliminary notice announcing the expansion 
application was published in the Federal Register on May 18, 2005 (70 
FR 28581). Comments were requested by June 2, but no comments were 
received in response to this notice.
    You may obtain or review copies of all public documents pertaining 
to the TUVAM 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. Docket No. 
NRTL2-2001 contains all materials in the record concerning TUVAM's 
application.
    The current addresses of the TUVAM facilities already recognized by 
OSHA are: TUV Product Services (TUVAM), 5 Cherry Hill Drive, Danvers, 
Massachusetts 01923; TUV Product Services (TUVAM), 10040 Mesa Rim Road, 
San Diego, California 92121; and TUV Product Services (TUVAM), 1775 Old 
Highway 8 NW., Suite 104, New Brighton (Minneapolis), Minnesota 55112.

[[Page 51374]]

Final Decision and Order

    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 TUVAM has met the 
requirements of 29 CFR 1910.7 for expansion of its recognition, subject 
to the limitation and conditions listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of 
TUVAM, subject to the following limitation and conditions.

Limitation

    OSHA limits the expansion of TUVAM's recognition to testing and 
certification of products for demonstration of conformance to the test 
standards listed below. OSHA has determined that each of these 
standards meets the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).

UL 22 Amusement and Gaming Machines
UL 197 Commercial Electric Cooking Appliances
UL 250 Household Refrigerators and Freezers
UL 291 Automated Teller Systems
UL 427 Refrigerating Units
UL 467 Electrical Grounding and Bonding Equipment
UL 471 Commercial Refrigerators and Freezers
UL 499 Electric Heating Appliances
UL 507 Electric Fans
UL 508a Industrial Control Panels
UL 508c Power Conversion Equipment
UL 541 Refrigerated Vending Machines
UL 551 Transformer-type Arc-welding Machines
UL 763 Motor-Operated Commercial Food Preparing Machines
UL 873 Temperature-Indicating and -Regulating Equipment
UL 923 Microwave Cooking Appliances
UL 963 Sealing, Wrapping, and Marking Machines
UL 982 Motor-operated Household Food Preparing Machines
UL 998 Humidifiers
UL 1004 Electric Motors
UL 1005 Electric Flatirons
UL 1017 Vacuum Cleaners, Blower Cleaners, and Household Floor Finishing 
Machines
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 1090 Electric Snow Movers
UL 1236 Battery Chargers for Charging Engine-Starter Batteries
UL 1278 Movable and Wall-or Ceiling-Hung Electric Room Heaters
UL 1310 Class 2 Power Units
UL 1448 Electric Hedge Trimmers
UL 1450 Motor-Operated Air Compressors, Vacuum Pumps and Painting 
Equipment
UL 1492 Audio-Video Products and Accessories
UL 1585 Class 2 and Class 3 Transformers
UL 1647 Motor-Operated Massage and Exercise Machines
UL 1662 Electric Chain Saws
UL 1740 Industrial Robots and Robotic Equipment
UL 1995 Heating and Cooling Equipment
UL 2200 Stationary Engine Generator Assemblies
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 Electric Shavers, Hair Clippers, and 
Similar Appliances
UL 60335-2-34 Household and Similar Electrical Appliances, Part 2: 
Particular Requirements for Motor-Compressors
UL 61010A-2-010 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for the Heating of 
Materials
UL 61010A-2-041 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves Using Steam for the Treatment of 
Medical Materials for Laboratory Processes
UL 61010A-2-051 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for Mixing and 
Stirring

    OSHA's recognition of TUVAM, 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 UL test standards 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 for the standard as opposed to the ANSI designation. 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. You may contact ANSI to find 
out whether or not a test standard is currently ANSI-approved.

Conditions

    TUVAM must also abide by the following conditions of the 
recognition, in addition to those already required by 29 CFR 1910.7:
    OSHA must be allowed access to TUVAM's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If TUVAM 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;
    TUVAM 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, TUVAM 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;
    TUVAM 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;
    TUVAM will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    TUVAM will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 15th day of August, 2005.
Jonathan L. Snare,
Deputy Assistant Secretary.
[FR Doc. 05-17183 Filed 8-29-05; 8:45 am]
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