[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9387-9389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03536]


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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 
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 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.

[[Page 9388]]

Additionally, OSHA proposes to add two test standards 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 March 7, 2022.

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 https://www.regulations.gov. Documents in the docket 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 through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions. 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 for this Federal Register notice (OSHA-2007-0043). OSHA 
places comments and other materials, including any personal 
information, in the public docket without revision, and these materials 
will be available online at https://www.regulations.gov. Therefore, the 
agency cautions commenters about submitting statements they do not want 
made available to the public, or submitting comments that contain 
personal information (either about themselves or others) such as Social 
Security numbers, birth dates and medical data.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before March 7, 2022 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 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 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, MA 
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 Application

    TUVAM submitted an application, dated May 26, 2021 (OSHA-2007-0043-
0038), 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
------------------------------------------------------------------------
UL 698A......................  Industrial Control Panels Related to
                                Hazardous (Classified) Locations.
UL 1004-9....................  Standard for Form Wound and Medium
                                Voltage Rotating Electrical Machines.
UL 60947-1...................  Low-voltage Switchgear and Controlgear--
                                Part 1: General Rules.
UL 60947-4-1.................  Standard for Low-voltage Switchgear and
                                Controlgear--Part 4-1: Contactors and
                                Motor-Starters--Electromechanical
                                Contactors and Motor-Starters.

[[Page 9389]]

 
* UL 60947-4-2...............  Low-voltage Switchgear and Controlgear--
                                Part 4-2: Contactors and Motor-Starters--
                                Electromechanical Contactors and Motor-
                                Starters.
UL 60947-5-1.................  Low-voltage Switchgear and Controlgear--
                                Part 5-1: Control Circuit Devices and
                                Switching Elements--Electromechanical
                                Control Circuit Devices.
UL 60947-5-2.................  Low-voltage Switchgear and Control Gear--
                                Part 5-2: Control Circuit Devices and
                                Switching Elements--Proximity Switches.
* UL 60947-5-5...............  Standard for Low-voltage Switchgear and
                                Controlgear--Part 5-5: Control Circuit
                                Switches and Switching Elements--
                                Electrical Emergency Stop Device with
                                Mechanical Latching Function.
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* In this notice, OSHA also proposes to add this test standard to the
  NRTL Program's List of Appropriate Test Standards.

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 
standards 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 two new test standards to the 
NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standards that are new to the NRTL Program. OSHA 
preliminarily determined that these test standards are appropriate test 
standards. OSHA seeks public comment on this preliminary determination.

 Table 2--Standards OSHA Is Proposing To Add to the NRTL Program's List
                      of Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60947-4-2.................  Low-voltage Switchgear and Control Gear--
                                Part 4-2: Contactors and Motor-Starters--
                                Electromechanical Contactors and Motor-
                                Starters.
UL 60947-5-5.................  Standard for Low-voltage Switchgear and
                                Controlgear--Part 5-5: Control Circuit
                                Switches and Switching Elements--
                                Electrical Emergency Stop Device with
                                Mechanical Latching Function.
------------------------------------------------------------------------

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

V. Authority and Signature

    Douglas L. Parker, 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.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-03536 Filed 2-17-22; 8:45 am]
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