[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Notices]
[Pages 11114-11115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03880]


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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 the 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 
February 26, 2020.

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; 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; 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 a NRTL. 
TUVRNA's expansion covers the addition of one recognized testing 
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, and is not a delegation or grant of government 
authority. As a result of 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 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 36625), July 30, 
2018, announcing these applications, but referenced the incorrect title 
of one of the standards 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 standards requested in the application, but again 
referenced the incorrect title one of the standards in the listing of 
appropriate test standards (UL 698A). This notice is being issued to 
grant recognition to the correct title of the standard requested in 
TUVRNA's application for expansion of the NRTL scope of recognition (UL 
698A).
    OSHA published the preliminary notice announcing TUVRNA's expansion 
application, reflecting the correct title of the standard in the 
Federal Register on October 29, 2019 (84 FR 57886). The agency 
requested comments by November 13, 2019, and the agency did not receive 
any comments regarding the application. OSHA now is proceeding with 
this final notice to correct the title of the standard previously 
granted to 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

[[Page 11115]]

Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3655, Washington, DC 20210; telephone: (202) 693-
2350. 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 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 
expansion of TUVRNA's scope of recognition. OSHA limits the expansion 
of TUVRNA's scope of recognition to testing and certification of 
products for demonstration of conformance to the test standard listed 
in Table 1.

         Table 1--List of Appropriate Test Standard for Inclusion in TUVRNA's NRTL Scope of Recognition
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                     Test  standard                                        Test standard title
----------------------------------------------------------------------------------------------------------------
UL 698A................................................  Standard for Industrial Control Panels Relating to
                                                          Hazardous (Classified) Locations.
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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.

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 a NRTL, and provide details of the 
change(s);
    2. TUVRNA must meet all the terms of the 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.

III. 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 February 19, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-03880 Filed 2-25-20; 8:45 am]
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