[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8039-8041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02211]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


TUV SUD America, Inc.: Application for Expansion 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 SUD 
America, Inc. (TUVAM) 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 February 18, 2021.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: https://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-2007-0043 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
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. Please note: While OSHA's docket office is continuing 
to accept and process submissions by regular mail, due to the COVID-19 
pandemic, the Docket Office is closed to the public and not able to 
receive submissions to the rulemaking record by express delivery, hand 
delivery, and messenger service.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2007-0043). All comments, including any personal 
information you provide, such as social security numbers and date of 
births, are placed in the public docket without change, and may be made 
available online at https://www.regulations.gov. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to https://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 https://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 and 
copying through the OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before February 18, 2021 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

[[Page 8040]]

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 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 TUV SUD America, Inc. (TUVAM) is 
applying for expansion of the current recognition as a NRTL. TUVAM 
requests the addition of eight test standards to their 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 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 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 its preliminary finding. 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, 
including TUVAM, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at: https://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM currently has six facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
TUV SUD America, Inc., 10 Technology Drive, Peabody, MA 01960. A 
complete list of TUVAM's scope of recognition (including sites) 
recognized by OSHA is available at: https://www.osha.gov/dts/otpca/nrtl/tuvam.html.

II. General Background on the Application

    TUVAM submitted an application, dated August 29, 2019 (OSHA-2007-
0043-0032), to expand their recognition to include eight additional 
test standards. OSHA staff performed detailed analysis of the 
application packet 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 standards found in TUVAM's 
application for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                    TUVAM's NRTL Scope of Recognition
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            Test standard                     Test standard title
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ASME A17.5..........................  Elevators and Escalator Electrical
                                       Equipment.
UL 2738.............................  Standard for Induction Power
                                       Transmitters and Receivers for
                                       Use With Low Energy Products.
UL 60745-2-1........................  Particular Requirements for Drills
                                       and Impact Drills.
UL 60745-2-3........................  Particular Requirements for
                                       Grinders, Polishers and Disk-Type
                                       Sanders.
UL 60745-2-5........................  Particular Requirements for
                                       Circular Saws.
UL 60745-2-14.......................  Particular Requirements for
                                       Planers.
UL 60745-2-17.......................  Particular Requirements for
                                       Routers and Trimmers.
UL 61800-5-1........................  Adjustable Speed Electrical Power
                                       Drive Systems--Part 5-1: Safety
                                       Requirements--Electrical, Thermal
                                       and Energy.
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III. Preliminary Findings on the Application

    TUVAM submitted an acceptable application for expansion of the NRTL 
scope of recognition. OSHA's review of the application file, and 
pertinent documentation, indicate that TUVAM can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding their recognition to include 
the addition of these eight test standards for NRTL testing and 
certification listed above. This preliminary finding does not 
constitute an interim or temporary approval of TUVAM's application.
    OSHA welcomes public comment as to whether TUVAM meets the 
requirements of 29 CFR 1910.7 for expansion of the 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 https://www.regulations.gov under Docket No. 
OSHA-2007-0043.
    OSHA staff 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 as to whether to grant TUVAM's 
application for expansion of the 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.

[[Page 8041]]

    OSHA will publish a public notice of its final decision in the 
Federal Register.

IV. Authority and Signature

    Amanda L. Edens, 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 Section 29 U.S.C. 655(6)(d), 
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020), 
and 29 CFR 1905.11.

    Signed at Washington, DC, on January 28, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-02211 Filed 2-2-21; 8:45 am]
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