[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81436-81438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25758]


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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

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.

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 December 7, 2023.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2007-0043). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 
(including this Federal Register notice) 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 at (202) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before December 7, 2023 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-3653, 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) 693-1911 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 two recognized testing standards and one 
recognized testing site 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

[[Page 81437]]

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/nationally-recognized-testing-laboratory-program.
    TUVAM currently has sixteen 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/nationally-recognized-testing-laboratory-program.

II. General Background on the Applications

    TUVAM submitted two applications to OSHA for expansion of the NRTL 
scope of recognition. The first application, dated June 8, 2020 (OSHA-
2007-0043-0051), requested the expansion of the NRTL scope of 
recognition to include one additional test site located at: Daimlerstr, 
40 Frankfurt am Main, Hessen 60314 Germany. The second application 
dated July 12, 2021 (OSHA-2007-0043-0052), requested the expansion of 
the NRTL scope of recognition to include two additional test standards 
that were removed from another NRTL expansion application (see OSHA-
2007-0043-0042). In that application, TUVAM originally requested the 
addition of five standards to their scope of recognition on July 12, 
2021. That application was amended to remove two standards, and the 
final Federal Register notice announcing the expansion of the NRTL 
scope of recognition to include the other three standards was published 
on June 29, 2022 (see 87 FR 38784). This notice covers the remaining 
two standards from the July 12, 2021, expansion application and the 
requested testing site. OSHA staff performed an on-site review of 
TUVAM's testing facilities at TUVAM Frankfurt on June 14-15, 2023, in 
which assessors found some nonconformances with the requirements of 29 
CFR 1910.7. TUVAM has addressed these issues sufficiently, and OSHA 
staff has preliminarily determined that OSHA should grant the 
applications.
    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
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            Test standard                     Test standard title
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UL 61010-2-040.......................  Safety Requirements for
                                        Electrical Equipment for
                                        Measurement, Control and
                                        Laboratory Use--Part 2-040:
                                        Particular Requirements for
                                        Sterilizers and Washer-
                                        Disinfectors Used to Treat
                                        Medical Materials.
UL 61010-2-091.......................  Standard for Safety Requirements
                                        for Electrical Equipment for
                                        Measurement, Control and
                                        Laboratory Use--Part 2-091:
                                        Particular Requirements for
                                        Cabinet X-Ray Systems.
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III. Preliminary Findings on the Applications

    TUVAM submitted acceptable applications 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 two additional testing standards and one additional 
testing site for NRTL testing and certification. This preliminary 
finding does not constitute an interim or temporary approval of TUVAM's 
applications. OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether TUVAM meets the 
requirements of 29 CFR 1910.7 for expansion of 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 by the due date for 
comments. OSHA will limit any extension to 10 days unless the requester 
justifies a longer time period. OSHA may deny a request for an 
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well 
as comments submitted to the docket, contact the Docket Office, 
Occupational Safety and Health Administration, U.S. Department of 
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0043 (for further 
information, see the ``Docket'' heading in the section of this notice 
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
staff will make a recommendation to the Assistant Secretary of Labor 
for Occupational Safety and Health on 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 the final decision in the 
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW, Washington, 
DC 20210,

[[Page 81438]]

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.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-25758 Filed 11-21-23; 8:45 am]
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