[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Notices]
[Pages 49043-49045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22866]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Grant of Expansion of 
Recognition and Notice of Voluntary Reduction in Scope

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for TUV Rheinland of North America, Inc. as a 
Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA 
announces the voluntary removal of a

[[Page 49044]]

test standard from TUV Rheinland of North America, Inc.'s scope of 
recognition.

DATES: The expansion of the scope of recognition becomes effective on 
October 23, 2017.

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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; 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, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; 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 its 
scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified by 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 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, or for 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 its preliminary finding and, in the second 
notice, the Agency provides its 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 that details its scope of recognition. These pages are 
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA submitted an application, dated September 30, 2015, (OSHA-
2007-0042-0022) to expand its recognition to include one additional 
test standard. OSHA staff performed a comparability analysis 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 July 27, 2017 (82 FR 34980). The 
Agency requested comments by August 11, 2017, 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 obtain or review copies of all public documents pertaining to 
TUVRNA's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 
20210. Docket No. OSHA-2007-0042 contains all materials in the record 
concerning TUVRNA's recognition.

II. Final Decision and Order

    OSHA staff examined TUVRNA'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 
TUVRNA meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the limitation 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 listed in Table 1 below.

 Table 1--Appropriate Test Standard for Inclusion in TUVRNA's NRTL Scope
                             of Recognition
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             Test standard                     Test standard title
------------------------------------------------------------------------
UL 2202................................  Electric Vehicle (EV) Charging
                                          System Equipment.
------------------------------------------------------------------------

    Additionally, TUVRNA submitted a voluntary withdrawal letter on 
April 7, 2017, (OSHA-2007-0042-0025) to reduce its scope of recognition 
by one test standard. Table 2 below lists the recognized test standard 
that will be removed from TUVRNA's scope of recognition.

 Table 2--Appropriate Test Standard for Removal From TUVRNA's NRTL Scope
                             of Recognition
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             Test standard                     Test standard title
------------------------------------------------------------------------
UL 913.................................  Standard for Intrinsically Safe
                                          Apparatus and Associated
                                          Apparatus for Use in Class I,
                                          II, III, Division 1, Hazardous
                                          (Classified) Location.
------------------------------------------------------------------------

    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 standard listed above in Table 1 as an American National Standard. 
However, for convenience, we 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 
1-0.3, Appendix C, paragraph XIV), 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

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVRNA must abide by the following conditions of the 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,

[[Page 49045]]

including all previously published conditions on TUVRNA'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 TUVRNA, subject to the limitation and 
conditions specified above. Additionally, pursuant to the authority in 
29 CFR 1910.7, OSHA further reduces the scope of recognition of TUVRNA 
per its request of voluntary withdrawal by removing the standard 
outlined in Table 2 above. TUVRNA has notified the NRTL clients for 
which TUVRNA certified products conforming to UL 913 of this reduction 
in NRTL scope.

III. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, 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. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on October 12, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-22866 Filed 10-20-17; 8:45 am]
 BILLING CODE 4510-26-P


