[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2640-2641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00678]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
January 17, 2023.

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 web page 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 test 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
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 applications by NRTLs or applicant 
organizations for initial recognition, as well as for expansion or 
renewal of 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

[[Page 2641]]

application and provides the 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 TUVRNA, which details that NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA submitted an application, dated February 22, 2022 (OSHA-
2007-0042-0060), to expand recognition to include the addition of one 
test standard to the 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 TUVRNA's expansion 
application in the Federal Register on November 22, 2022 (87 FR 71361). 
The agency requested comments by December 7, 2022, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of TUVRNA's scope of recognition.
    To review copies of all public documents pertaining to TUVRNA's 
application, go to www.regulations.gov or contact the OSHA Docket 
Office. Docket No. OSHA-2007-0042 contains all materials in the record 
concerning TUVRNA'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 TUVRNA's expansion application, their 
capability to meet the requirements of the test standard, and other 
pertinent information. Based on its review of this evidence, OSHA finds 
that TUVRNA meets the requirements of 29 CFR 1910.7 for expansion of 
its recognition, subject to the limitations and conditions listed 
below. OSHA, therefore, is proceeding with this final notice to grant 
TUVRNA's scope of recognition. OSHA limits the expansion of TUVRNA's 
recognition to testing and certification of products for demonstration 
of conformance to the test standard shown below in Table 1.

 Table 1--Appropriate Test Standard for Inclusion in TUVRNA's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 2580......................  Standard for Batteries for Use in
                                Electric Vehicles.
------------------------------------------------------------------------

    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

    Recognition is contingent on continued compliance with 29 CFR 
1910.7, including but not limited to, abiding by the following 
conditions of 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 its 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.
    OSHA hereby expands the scope of recognition of TUVRNA, 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 January 10, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-00678 Filed 1-13-23; 8:45 am]
BILLING CODE 4510-26-P