[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57886-57887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23570]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Application for Expansion 
of Recognition

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces the application of TUV 
Rheinland of North America, Inc. (TUVRNA) for expansion of recognition 
as a Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant the application.

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 November 13, 2019.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0042, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210; 
telephone: (202) 693-2350. Note that security procedures may result in 
significant delays in receiving comments and other written materials by 
regular mail. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Docket Office's normal business hours, 
10:00 a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2007-0042). All comments, including any personal 
information you provide, are placed in the public docket without 
change, and may be made available online at http://www.regulations.gov.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) 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 website. 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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before November 13, 2019 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-3653, 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 by phone (202) 693-1999 or 
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 by phone 
(202) 693-2110 or email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    OSHA is providing notice that TUVRNA is applying for expansion of 
the scope of recognition as a NRTL. TUVRNA requests the addition of one 
test standard 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
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 an application by a NRTL for initial 
recognition and for an expansion or renewal of this recognition, 
following requirements in Appendix A, 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 a preliminary finding. In the second notice, 
the agency provides 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 website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has nine facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, 
Connecticut 06470. A complete list of TUVRNA sites recognized by OSHA 
is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Applications

    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 the scope of recognition to include the addition of four 
recognized testing and certification sites and the addition of two test 
standards to its scope of recognition. OSHA preliminarily determined 
that OSHA should grant the applications for expansion.
    OSHA published a Federal Register notice (83 FR 3662), July 20, 
2018 announcing these applications, but referenced one incorrect 
standard in the listing of appropriate test standards (UL 698A). OSHA 
further published a Federal Register notice (84 FR 26160 June 5, 2019) 
granting recognition for the four sites and the two additional

[[Page 57887]]

standards requested in the application. This notice is being issued to 
correct an incorrect standard referenced in FRN (83 FR 36625) and to 
allow for public comment on the one remaining standard (UL 698A).
    Table 1 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 List of Appropriate Test Standard for Inclusion in
                   TUVRNA's NRTL Scope of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 698A................................  Standard for Industrial Control
                                          Panels Relating to Hazardous
                                          (Classified) Locations.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    TUVRNA submitted an acceptable application for expansion of scope 
of recognition. OSHA's review of the application file and pertinent 
documentation indicates that TUVRNA can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding 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.
    OSHA welcomes public comment as to whether TUVRNA meets the 
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL. 
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, at the above address. These materials also 
are available online at http://www.regulations.gov under Docket No. 
OSHA-2007-0042.
    OSHA will review all comments to the docket submitted in a timely 
manner and, after addressing the issues raised by these comments, will 
make a recommendation 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

    Loren Sweatt, Principal Deputy 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 October 23, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-23570 Filed 10-28-19; 8:45 am]
 BILLING CODE 4510-26-P