[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2650-2651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00621]


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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. (TUVAM) as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
January 16, 2024.

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) 693-1911; 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 for TUV SUD America Inc. (TUVAM). TUVAM's expansion covers 
the addition of two test 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 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 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 its 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 preliminarily determined that OSHA should grant the applications.
    OSHA published the preliminary notice announcing TUVAM's expansion 
applications in the Federal Register on November 22, 2023 (88 FR 
81436). The agency requested comments by December 7, 2023, but it 
received no comments in response to this notice. OSHA now is proceeding 
with this final notice to grant expansion of TUVAM's NRTL scope of 
recognition.
    To review copies of all public documents pertaining to TUVAM's 
applications, go to http://www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor at (202) 693-2350. Docket No. OSHA-2007-0043 contains all 
materials in the record concerning TUVAM's recognition. All 
submissions, including copyrighted material, are available for 
inspection through the OSHA Docket Office. Contact the OSHA Docket 
Office at (202) 693-2350 for assistance in locating docket submissions.

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion applications, conducted a 
detailed on-site assessment, and

[[Page 2651]]

examined 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. OSHA, therefore, is proceeding with this final notice to 
grant TUVAM's expanded scope of recognition. OSHA limits the expansion 
of TUVAM's recognition to include the site at Frankfurt, Germany listed 
above and the testing and certification of products for demonstration 
of conformance to the test standards shown 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 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.
------------------------------------------------------------------------

    OSHA's recognition of the site limits TUVAM to performing product 
testing and certifications only to the test standards for which the 
site has the proper capability and programs, and for test standards in 
TUVAM's scope of recognition. 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. 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 as a NRTL, 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; 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. 2024-00621 Filed 1-12-24; 8:45 am]
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