[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38784-38785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13896]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


TUV SUD 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 SUD America, Inc. as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
June 29, 2022.

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, phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of TUV SUD America, Inc. (TUVAM) as a NRTL. TUVAM's 
expansion covers the addition of three test standards 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 of the products.
    The agency processes applications by a NRTL for initial recognition 
and for an 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 a 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 submitted an application, dated July 12, 2021, to expand 
their recognition as a NRTL to include five additional test standards 
(OSHA-2007-0043-0042). This application was amended on February 12, 
2022, to remove two standards from the original application. The 
expansion will cover the addition of three test standards to TUVAM's 
NRTL scope of recognition. OSHA staff performed a detailed analysis of 
the application packet and reviewed other pertinent information. OSHA 
did not perform any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing TUVAM's expansion 
application in the Federal Register on May 27, 2022 (87 FR 32192). The 
agency requested comments by June 13, 2022, but it received no comments 
in response to this notice. OSHA is now proceeding with this final 
notice to grant expansion of TUVAM's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
TUVAM's application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor. Docket No. OSHA-2007-0043 contains all materials 
in the record concerning TUVAM's recognition. Please note: Due to the 
COVID-19 pandemic, the Docket Office is closed to the public at this 
time but can be contacted at (202) 693-2350 (TTY (877) 889-5627).

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability 
to meet the requirements of the test standards, and other pertinent 
information. Based on its review of this evidence, OSHA finds that 
TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the limitations and conditions listed in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
TUVAM's scope of recognition. OSHA limits the expansion of TUVAM's 
recognition to testing and certification of products for demonstration 
of conformance to the test standards listed below in Table 1.

  Table 1--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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UL 104............................  Elevator Door Locking Devices and
                                     Contacts.
UL 583............................  Electric-Battery Powered Industrial
                                     Trucks.
UL 61010-031......................  Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 031: Safety Requirements
                                     for Hand-Held and Hand-Manipulated
                                     Probe Assemblies for Electrical
                                     Measurement and Test.
------------------------------------------------------------------------

    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.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, the use of the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation may 
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-
004, Chapter 2, Section VIII), only standards determined to be 
appropriate test standards may be approved for NRTL recognition. Any 
NRTL recognized for a particular test standard may use either the 
proprietary version of the test standard or the ANSI version of that 
standard. Contact ANSI to determine whether a test standard is 
currently ANSI-approved.

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A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVAM must abide by the following conditions of the recognition:
    1. TUVAM 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. TUVAM must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. TUVAM must continue to meet the requirements for recognition, 
including all previously published conditions on TUVAM'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 TUVAM, subject to the limitations and 
conditions specified above.

III. Authority and Signature

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

    Signed at Washington, DC, on June 21, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-13896 Filed 6-28-22; 8:45 am]
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