[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26160-26162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11741]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Grant of Expansion of 
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for TUV Rheinland of North America, Inc. as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
June 5, 2019.

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; telephone: 
(202) 693-2110; email: [email protected]. OSHA's website includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of TUV Rheinland of North America, Inc. (TUVRNA) as an 
NRTL. TUVRNA's expansion covers the addition of four recognized testing 
and certification sites and two recognized testing standards to the 
NRTL scope of recognition.
    OSHA recognition of a 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 the 
scope of recognition, and is not a delegation or grant of government 
authority. As a result of

[[Page 26161]]

recognition, employers may use products properly approved by the NRTL 
to meet OSHA standards that require testing and certification.
    The agency processes applications by a 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 the preliminary finding and, in the second 
notice, the agency provides the 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 the scope of recognition. These pages are 
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA submitted two applications, one dated March 30, 2016 (OSHA-
2007-0042-0030), and another dated April 19, 2017 (OSHA-2007-0042-
0031), to expand recognition to include the addition of four recognized 
testing and certification sites. The sites are located at: TUV 
Rheinland (Shenzhen) Co, Ltd, 1F East & 2-4F, Cybio Technology Building 
No. 1, No. 16, Keibei 2nd Road, High-Tech Industrial Park North, Nashan 
District, 518057 Shenzhen, China; TUV Rheinland (Shanghai) Co, Ltd, TUV 
Rheinland Building No. 177, Lane 777, West Guangzhong Road, Zhabei 
District, Shanghai 200072, P.R. China; TUV Rheinland Taiwan Ltd., 11F, 
No. 758, Sec. 4, Bade Rd., Songshan District, Taipei City 105, Taiwan; 
and TUV Rheinland Taiwan Ltd., Taichung Branch Office, No. 9, Lane 36, 
Minsheng Rod., Sec. 3, Daya District, Taichung City 428, Taiwan. 
TUVRNA's applications also requested the addition of two test standards 
to the scope of recognition. OSHA staff performed a detailed analysis 
of the application and other pertinent information. OSHA staff also 
performed an on-site review of TUVRNA's testing facilities on August 7-
8, 2017, at TUV Rheinland Shanghai, August 10-11, 2017, at TUV 
Rheinland Shenzhen, August 14-15, 2017, at TUV Rheinland Taipei, and 
August 16, 2017, at TUV Rheinland Taichung, in which the assessors 
found some nonconformances with the requirements of 29 CFR 1910.7. 
TUVRNA addressed these issues sufficiently. OSHA staff recommended that 
OSHA should grant the applications for expansion to include these four 
sites and two test standards.
    OSHA published the preliminary notice announcing TUVRNA's expansion 
application in the Federal Register on July 30, 2018 (83 FR 36625). The 
agency requested comments by August 14, 2018, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of TUVRNA's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
TUVRNA's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW, Room N-3655, Washington, DC 
20210. Docket No. OSHA-2007-0042 contains all materials in the record 
concerning TUVRNA's recognition.

II. Final Decision and Order

    OSHA staff examined TUVRNA's expansion application, conducted two 
detailed on-site assessments, and examined other pertinent information. 
Based on a review of this evidence, OSHA finds that TUVRNA meets the 
requirements of 29 CFR 1910.7 for expansion of recognition, subject to 
the limitation and conditions listed below.
    OSHA, therefore, is proceeding with this final notice to grant 
TUVRNA's scope of recognition. OSHA limits the expansion of TUVRNA's 
recognition to include the four test sites at TUVRNA Shenzhen, China; 
Shanghai, China; Taipei, Taiwan; and Taichung, Taiwan as listed above. 
OSHA's recognition of these sites limits TUVRNA to performing product 
testing and certifications only to the test standards for which the 
site has the proper capability and programs, and for test standards in 
TUVRNA's scope of recognition. This limitation is consistent with the 
recognition that OSHA grants to other NRTLs that operate multiple 
sites.
    Additionally, OSHA is proceeding with this final notice to expand 
TUVRNA's scope to include two additional test standards to the scope of 
recognition. OSHA limits the expansion of TUVRNA's recognition to 
testing and certification of products for demonstration of conformance 
to the test standards listed in Table 1.

  Table 1--List of Appropriate Test Standards for Inclusion in TUVRNA's
                        NRTL Scope of Recognition
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               Test standard                     Test standard title
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NFPA 496..................................  Purged and Pressurized
                                             Enclosures for Electrical
                                             Equipment.
UL 698A...................................  Industrial and
                                             Classification of
                                             Mercantile and Bank Burglar-
                                             Alarm Systems.
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    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, the use of the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation may 
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, 
Appendix C, paragraph XIV), any NRTL recognized for a particular test 
standard may use either the proprietary version of the test standard or 
the ANSI version of that standard. Contact ANSI to determine whether a 
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVRNA must abide by the following conditions of the recognition:
    1. TUVRNA must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. TUVRNA must meet all the terms of its recognition and comply 
with all OSHA policies pertaining to this recognition; and
    3. TUVRNA must continue to meet the requirements for recognition, 
including all previously published conditions on TUVRNA's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of TUVRNA, subject to the limitation and 
conditions specified above.

[[Page 26162]]

III. Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational 
Safety and Health, 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 May 30, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-11741 Filed 6-4-19; 8:45 am]
 BILLING CODE 4510-26-P