[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 51009-51011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20169]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


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., (TUVAM) as a Nationally Recognized Testing Laboratory 
under 29 CFR 1910.7.

DATES: The expansion of recognition becomes effective on August 29, 
2008.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of

[[Page 51010]]

Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210, 
or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that it is expanding recognition of TUV America, Inc., 
(TUVAM) as a Nationally Recognized Testing Laboratory (NRTL). TUVAM's 
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.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 approved 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 the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages can be 
accessed from the Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    In an earlier action involving TUVAM, OSHA issued a Federal 
Register notice modifying its recognition, along with the recognition 
of other NRTLs, by replacing or deleting test standards that standards-
developing organizations previously revised or withdrew (70 FR 11273, 
March 8, 2005). In a subsequent Federal Register notice, OSHA granted 
TUVAM's most recent application, which was for an expansion of 
recognition (70 FR 51373, August 30, 2005).
    TUVAM submitted an application, dated October 6, 2005 (see Exhibit 
11-1, as cited in the preliminary notice), to expand its recognition to 
include 142 additional test standards. It amended its application on 
February 17, 2006, to add two more test standards, and then in June 
2006 and July 2007 further amended its application to reduce its 
request to 89 test standards (see Exhibits 11-2 through 11-4). One 
standard, however, has been withdrawn by the standards-developing 
organization. Thus, TUVAM's request includes 88 standards. The NRTL 
Program staff has determined that the remaining 88 standards are 
``appropriate test standards'' within the meaning of 29 CFR 1910.7(c). 
In connection with this request, OSHA staff performed an on-site review 
of TUVAM's Massachusetts testing facility and recommended that TUVAM's 
recognition be expanded to include the additional 88 test standards 
listed below (see Exhibit 11-5).
    Based on the review, OSHA published a preliminary notice announcing 
the expansion application in the Federal Register on February 7, 2008 
(73 FR 7325). Comments were requested by February 22, 2008, but no 
comments were received in response to this notice. OSHA is now 
proceeding with this final notice to grant TUVAM's expansion 
application.
    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 N-2625, Washington, DC 20210. Docket No. 
OSHA-2007-0043 (formerly NRTL2-2001) contains all materials in the 
record concerning TUVAM's recognition.
    The current addresses of the TUVAM's facilities (sites) already 
recognized by OSHA are: TUV Product Services (TUVAM), 5 Cherry Hill 
Drive, Danvers, MA 01923; TUV Product Services (TUVAM), 10040 Mesa Rim 
Road, San Diego, CA 92121; and TUV Product Services (TUVAM), 1775 Old 
Highway 8 NW, Suite 104, New Brighton (Minneapolis), MN 55112.

Final Decision and Order

    NRTL Program staff examined the TUVAM's application, the assessor's 
recommendation, 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 this limitation and these conditions.

Limitation

    OSHA limits the expansion of TUVAM's recognition to testing and 
certification of products for demonstration of conformance to the 
following test standards, each of which OSHA has determined is an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c):

UL 48 Electric Signs
UL 69 Electric-Fence Controllers
UL 82 Electric Gardening Appliances
UL 201 Garage Equipment
UL 325 Door, Drapery, Gate, Louver, and Window Operators and Systems
UL 399 Drinking-Water Coolers
UL 474 Dehumidifiers
UL 482 Portable Sun/Heat Lamps
UL 497A Secondary Protectors for Communication Circuits
UL 506 Specialty Transformers
UL 561 Floor-Finishing Machines
UL 563 Ice Makers
UL 588 Seasonal and Holiday Decorative Products
UL 676 Underwater Luminaires and Submersible Junction Boxes
UL 696 Electric Toys
UL 697 Toy Transformers
UL 745-1 Portable Electric Tools
UL 745-2-1 Particular Requirements for Drills
UL 745-2-2 Particular Requirements for Screwdrivers and Impact Wrenches
UL 745-2-3 Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4 Particular Requirements for Sanders
UL 745-2-5 Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6 Particular Requirements for Hammers
UL 745-2-8 Particular Requirements for Shears and Nibblers
UL 745-2-9 Particular Requirements for Tappers
UL 745-2-11 Particular Requirements for Reciprocating Saws
UL 745-2-12 Particular Requirements for Concrete Vibrators
UL 745-2-14 Particular Requirements for Planers
UL 745-2-17 Particular Requirements for Routers and Trimmers
UL 745-2-30 Particular Requirements for Staplers
UL 745-2-31 Particular Requirements for Diamond Core Drills
UL 745-2-32 Particular Requirements for Magnetic Drill Presses
UL 745-2-33 Particular Requirements for Portable Bandsaws

[[Page 51011]]

UL 745-2-34 Particular Requirements for Strapping Tools
UL 745-2-35 Particular Requirements for Drain Cleaners
UL 745-2-36 Particular Requirements for Hand Motor Tools
UL 745-2-37 Particular Requirements for Plate Jointers
UL 749 Household Dishwashers
UL 775 Graphic Arts Equipment
UL 778 Motor-Operated Water Pumps
UL 826 Household Electric Clocks
UL 858 Household Electric Ranges
UL 859 Household Electric Personal Grooming Appliances
UL 867 Electrostatic Air Cleaners
UL 875 Electric Dry-Bath Heaters
UL 921 Commercial Dishwashers
UL 935 Fluorescent-Lamp Ballasts
UL 969 Marking and Labeling Systems
UL 977 Fused Power-Circuit Devices
UL 979 Water Treatment Appliances
UL 984 Hermetic Refrigerant Motor-Compressors
UL 987 Stationary and Fixed Electric Tools
UL 1018 Electric Aquarium Equipment
UL 1028 Hair Clipping and Shaving Appliances
UL 1030 Sheathed Heating Elements
UL 1086 Household Trash Compactors
UL 1088 Temporary Lighting Strings
UL 1097 Double Insulation Systems for Use in Electrical Equipment
UL 1206 Electric Commercial Clothes-Washing Equipment
UL 1230 Amateur Movie Lights
UL 1240 Electric Commercial Clothes-Drying Equipment
UL 1411 Transformers and Motor Transformers for Use In Audio-, Radio-, 
and Television-Type Appliances
UL 1419 Professional Video and Audio Equipment
UL 1431 Personal Hygiene and Health Care Appliances
UL 1449 Surge Protective Devices
UL 1484 Residential Gas Detectors
UL 1559 Insect-Control Equipment--Electrocution Type
UL 1561 Dry-Type General Purpose and Power Transformers
UL 1563 Electric Spas, Equipment Assemblies, and Associated Equipment
UL 1573 Stage and Studio Luminaires and Connector Strips
UL 1574 Track Lighting Systems
UL 1594 Sewing and Cutting Machines
UL 1598 Luminaires
UL 1741 Inverters, Converters, Controllers and Interconnection System 
Equipment for Use With Distributed Energy Resources
UL 1778 Uninterruptible Power Supply Equipment
UL 1786 Direct Plug-In Nightlights
UL 1838 Low Voltage Landscape Lighting Systems
UL 1963 Refrigerant Recovery/Recycling Equipment
UL 1993 Self-Ballasted Lamps and Lamp Adapters
UL 2044 Commercial Closed-Circuit Television Equipment
UL 2111 Overheating Protection for Motors
UL 2157 Electric Clothes Washing Machines and Extractors
UL 2158 Electric Clothes Dryers
UL 60335-2-3 Household and Similar Electrical Appliances, Part 2: 
Particular Requirements for Electric Irons
UL 60745-1 Hand-Held Motor-Operated Electric Tools--Safety--Part 1: 
General Requirements
UL 61010A-2-020 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Centrifuges
UL 61010A-2-061 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Atomic Spectrometers with 
Thermal Atomization and Ionization
UL 61010B-2-031 Electrical Equipment for Measurement, Control, and 
Laboratory Use; Part 2: Particular Requirements for Hand-Held Probe 
Assemblies for Electrical Measurement and Test

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    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, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    Test standards listed above may be approved as an American National 
Standard 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 a test standard is currently ANSI-approved.

Conditions

    TUVAM must also abide by the following conditions of the 
recognition, in addition to those conditions already required by 29 CFR 
1910.7:
    OSHA must be allowed access to TUVAM's facilities and records to 
ascertain continuing compliance with the terms of its recognition and 
to perform investigations 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 concern and provide that organization 
with appropriate relevant information upon which its concern is 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 
applies, and also clearly indicating 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 of these 
changes;
    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 22nd day of August, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-20169 Filed 8-28-08; 8:45 am]
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