[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35347-35349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14143]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


TUV SUD America, Inc.: Applications for Expansion of Recognition 
and Proposed Modification to the NRTL Program's List of Appropriate 
Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications 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 applications. Additionally, OSHA 
proposes to add one additional test standard to the NRTL Program's List 
of Appropriate Test Standards.

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 July 19, 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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. 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 website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2007-0043). 
OSHA will

[[Page 35348]]

place comments and requests to speak, including personal information, 
in the public docket, which may be available online. Therefore, OSHA 
cautions interested parties about submitting personal information such 
as Social Security numbers and birthdates. For further information on 
submitting comments, see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before July 19, 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 
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 Applications 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 eighteen 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: http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM currently has seven facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
TUV SUD America, Inc., 401 Edgewater Place, Suite #500 Wakefield, 
Massachusetts 01880. 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 Applications

    TUVAM submitted an application, dated June 8, 2020 (OSHA-2007-0043-
0036), to expand their recognition to include six 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. Additionally, 
TUVAM submitted an application on May 19, 2015 (OSHA-2007-0043-0020) to 
expand their recognition to include two additional recognized test 
sites and twelve additional test standards. Due to an error, OSHA 
published preliminary and final Federal Register notices (82 FR 13143, 
March 9, 2017; 82 FR 28359, June 21, 2017) announcing the application 
and grant of expansion for the two recognized test sites, but not the 
twelve test standards. Those twelve standards are included in this 
notice. The expansion announced in this notice will cover eighteen 
standards, including one which OSHA proposes to add to the NRTL 
Program's List of Appropriate Test Standards.
    Table 1 below lists the appropriate test standards found in TUVAM's 
applications 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
------------------------------------------------------------------------
         Test standard                     Test standard title
------------------------------------------------------------------------
*UL 347A......................  Medium Voltage Power Conversion
                                 Equipment.
UL 1004-1.....................  Rotating Electrical Machines--General
                                 Requirements.
UL 2594.......................  Standard for Electric Vehicle Supply
                                 Management.
UL 61010-2-030................  Safety Requirements for Electrical
                                 Equipment for Measurement, Control and
                                 Laboratory Use--Part 2-030: Particular
                                 Requirements for Testing and Measuring
                                 Circuits.
UL 61010-2-81.................  Standard for Safety Requirements for
                                 Electrical Equipment for Measurement,
                                 Control and Laboratory Use--Part 2-081:
                                 Particular Requirements for Automatic
                                 and Semi-Automatic Laboratory Equipment
                                 for Analysis and Other Purposes.
UL 61010-2-101................  Safety Requirements for Electrical
                                 Equipment for Measurement, Control and
                                 Laboratory Use--Part 2-101: Particular
                                 Requirements for In Vitro Diagnostic
                                 (IVD) Medical Equipment.
UL 122........................  Photographic Equipment.
UL 153........................  Portable Electric Luminaires.
UL 429........................  Electrically Operated Valves.
UL 1776.......................  High-Pressure Cleaning Machines.
UL 60730-1A...................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 1:
                                 General Requirements.
UL 60730-2-7..................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for Timers and
                                 Time Switches.

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UL 60730-2-10A................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for Motor
                                 Starting Relays.
UL 60730-2-11A................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for Energy
                                 Regulators.
UL 60730-2-12A................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for
                                 Electrically Operated Door Locks.
UL 60730-2-13A................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for Humidity
                                 Sensing Controls.
UL 60730-2-14.................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for Electric
                                 Actuators.
UL 60730-2-16A................  Automatic Electrical Controls for
                                 Household and Similar Use; Part 2:
                                 Particular Requirements for Automatic
                                 Electrical Water Level Controls.
------------------------------------------------------------------------
* Represents Test Standard new to the NRTL Program.

III. Proposal To Add New Test Standards to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL list of appropriate test standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
agency evaluates the document to: (1) Verify it represents a product 
category for which OSHA requires certification by a NRTL; (2) verify 
the document represents a product and not a component; and (3) verify 
the document defines safety test specifications (not installation or 
operational performance specifications). OSHA becomes aware of new test 
standards through various avenues. For example, OSHA may become aware 
of new test standards by: (1) Monitoring notifications issued by 
certain Standards Development Organizations; (2) reviewing applications 
by NRTLs or applicants seeking recognition to include new test standard 
in their scopes of recognition; and (3) obtaining notification from 
manufacturers, manufacturing organizations, government agencies, or 
other parties. OSHA may determine to include a new test standard in the 
list, for example, if the test standard is for a particular type of 
product that another test standard also covers or it covers a type of 
product that no standard previously covered.
    In this notice, OSHA proposes to add one new test standard to the 
NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standard that is new to the NRTL Program. OSHA 
preliminarily determined that this test standard is appropriate and 
proposes to include it in the NRTL Program's list of appropriate test 
standards. OSHA seeks public comment on this preliminary determination.

Table 2--Standard OSHA Is Proposing to Add to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
         Test standard                     Test standard title
------------------------------------------------------------------------
UL 347A.......................  Medium Voltage Power Conversion
                                 Equipment.
------------------------------------------------------------------------

III. Preliminary Findings on the Applications

    TUVAM submitted acceptable applications for expansion of the NRTL 
scope of recognition. OSHA's review of the application files, 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 the eighteen test standards for NRTL testing and 
certification listed above. This preliminary finding does not 
constitute an interim or temporary approval of TUVAM's applications.
    OSHA welcomes public comment as to whether TUVAM meets the 
requirements of 29 CFR 1910.7 for expansion of their 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-2007-0043.
    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 
applications for expansion of the scope of recognition. The Assistant 
Secretary will make the final decision on granting the applications. 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

    James S. Frederick, Acting 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. 657(g)(2), 
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020), 
and 29 CFR 1910.7.

    Signed at Washington, DC, on June 25, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-14143 Filed 7-1-21; 8:45 am]
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