[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6554-6556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01978]


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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 
February 1, 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

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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 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 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 an application, dated November 22, 2021 (OSHA-2007-
0043-0049), to expand their recognition to include three additional 
test standards 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 TUVAM's expansion 
application in the Federal Register on November 7, 2023 (88 FR 76860). 
The agency requested comments by November 22, 2023, and it received one 
comment in response to this notice. The comment, OSHA-2007-0043-0053 
questioned whether TUVAM has the capability of meeting the testing 
requirement in clause 13.1 of UL 2054. In response to this comment, 
OSHA reviewed the documentation submitted with the application and 
determined that TUVAM meets the OSHA requirements for the full testing 
capability for UL 2054. 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 
application, 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 application and 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 listed in 
this notice. 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 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 1973......................  Batteries for Use in Stationary, Vehicle
                                Auxiliary Power and Light Electric Rail
                                (LER) Applications.
UL 2054......................  Household and Commercial Batteries.
UL 2271......................  Batteries for Use in Light Electric
                                Vehicle (LEV) Applications.
------------------------------------------------------------------------

    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, OSHA may use the designation of the standards-
developing organization for the standard as opposed to the ANSI 
designation. Under the NRTL Program's policy (see OSHA Instruction CPL 
01-00-004, Chapter 2, Section VIII), 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.

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.

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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, on January 26, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-01978 Filed 1-31-24; 8:45 am]
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