[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34980-34981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15877]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Application for Expansion 
of Recognition and Application for Reduction in Scope of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of TUV 
Rheinland of North America, Inc. (TUVRNA), for expansion of its 
recognition as a Nationally Recognized Testing Laboratory (NRTL) and 
presents the Agency's preliminary finding to grant the application. 
Additionally, TUVRNA requests the removal of a test standard from its 
scope of recognition.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before August 11, 2017.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0042, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-3653, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 10:00 a.m.-3:00 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2007-0042). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before August 11, 2017 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that TUV Rheinland of North America, Inc., is applying for 
expansion of its current recognition as an NRTL. TUVRNA requests the 
addition of one test standard to its NRTL scope of recognition. TUVRNA 
is further requesting the removal of a recognized test standard from 
its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The Agency processes applications by an NRTL for initial 
recognition and for an 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. 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, 
including TUVRNA, which details the NRTL's scope of recognition. These 
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has five facilities (sites) recognized by OSHA for 
product testing and certification, with its

[[Page 34981]]

headquarters located at: TUV Rheinland of North America, Inc., 12 
Commerce Road, Newtown, Connecticut 06470. A complete list of TUVRNA's 
scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Application

    TUVRNA submitted an application, dated September 30, 2015 (OSHA-
2007-0042-0022), to expand its recognition to include one additional 
test standard. OSHA staff performed a comparability analysis and 
reviewed other pertinent information. OSHA did not perform any on-site 
reviews in relation to this application.
    Table 1 below lists the appropriate test standard found in TUVRNA's 
application for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed Appropriate Test Standard for Inclusion in TUVRNA's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
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UL 2202...........................  Electric Vehicle (EV) Charging
                                     System Equipment.
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    Additionally, TUVRNA submitted an application on April 7, 2017 
(OSHA-2007-0042-0025) to reduce their scope of recognition by one test 
standard. Table 2 below lists the recognized test standard that TUVRNA 
would like to remove from their scope of recognition.

  Table 2--Proposed Appropriate Test Standard for Removal From TUVRNA's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 913............................  Standard for Intrinsically Safe
                                     Apparatus and Associated Apparatus
                                     for Use in Class I, II, III
                                     Division 1, Hazardous (Classified)
                                     Location.
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III. Preliminary Findings on the Applications

    TUVRNA submitted an acceptable application for expansion of its 
scope of recognition. OSHA's review of the application file, and 
comparability analysis, indicate that TUVRNA can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding its recognition to include 
the addition of this one test standard for NRTL testing and 
certification listed above. This preliminary finding does not 
constitute an interim or temporary approval of TUVRNA's application. 
Further, TUVRNA submitted an acceptable request to remove a recognized 
test standard from their NRTL scope of recognition.
    OSHA welcomes public comment as to whether TUVRNA meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as an 
NRTL. Additionally, OSHA requests comments on the application to remove 
one test standard from TUVRNA's NRTL scope of recognition. Comments 
should consist of pertinent written documents and exhibits. Commenters 
needing more time to comment must submit a request in writing, stating 
the reasons for the request. Commenters must submit the written request 
for an extension by the due date for comments. OSHA will limit any 
extension to 10 days unless the requester justifies a longer period. 
OSHA may deny a request for an extension if the request is not 
adequately justified. To obtain or review copies of the exhibits 
identified in this notice, as well as comments submitted to the docket, 
contact the Docket Office, Room N-3653, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0042.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend to the Assistant Secretary for Occupational 
Safety and Health whether to grant TUVRNA's application for expansion 
of its scope of recognition. The Assistant Secretary will make the 
final decision on granting the application. In making this decision, 
the Assistant Secretary may undertake other proceedings prescribed in 
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the 
Federal Register.

IV. Authority and Signature

    Thomas M. Galassi, Acting Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 19, 2017.
Thomas M. Galassi,
Acting Deputy Assistant Secretary of Labor for Occupational Safety and 
Health.
[FR Doc. 2017-15877 Filed 7-26-17; 8:45 am]
 BILLING CODE 4510-26-P