

[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Notices]               
[Page 7325-7328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe08-97]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

 
TUV America, Inc.; Application for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of TUV America, Inc., 
(TUVAM) for expansion of its recognition and presents the Agency's 
preliminary finding to grant this request. This preliminary finding 
does not constitute an interim or temporary approval of this 
application.

DATES: You must submit information or comments, or any request for 
extension of the time to comment, by the following dates:
     Hard copy: postmarked or sent by February 22, 2008.
     Electronic transmission or facsimile: sent by February 22, 
2008.

ADDRESSES: You may submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 

eRulemaking Portal. Follow the instructions online for making 
electronic submissions.
    Fax: If your submissions, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
You must submit three copies of your comments and attachments to the 
OSHA Docket Office, Docket No. OSHA-2007-0043 (formerly, NRTL2-2001), 
U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., 
Washington, DC 20210. Deliveries (hand, express mail, messenger and 
courier service) are accepted during the Department of Labor's and 
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number for this notice (OSHA Docket No. OSHA-2007-0043). 
Submissions, including any personal information you provide, are placed 
in the public docket without change and may be made available online at 
http://www.regulations.gov.

    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 

the address above. All documents in the docket 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 Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to the Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-3655, Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N3655, Washington, DC 20210, 
or phone (202) 693-2110. Our Web page includes information about the 
NRTL Program (see http://www.osha.gov and select ``N'' in the site 

index).

SUPPLEMENTARY INFORMATION: 

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives

[[Page 7326]]

notice that TUV America, Inc., (TUVAM) has applied for expansion of its 
current recognition as a Nationally Recognized Testing Laboratory 
(NRTL). TUVAM's expansion request covers the use of additional test 
standards. OSHA's current scope of recognition for TUVAM may be found 
in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/tuvam.html
.

    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Section 1910.7 of Title 29, Code of Federal 
Regulations (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.
    The Agency processes applications by an 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. We maintain an informational Web page for 
each NRTL that details its scope of recognition. These pages can be 
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html
.

    The most recent application processed by OSHA specifically related 
to TUVAM's recognition granted an expansion, and the final notice for 
this expansion was published on August 30, 2005 (70 FR 51373).
    The current addresses of the TUVAM facilities already recognized by 
OSHA are: TUV Product Services (TUVAM), 5 Cherry Hill Drive, Danvers, 
MA 01923; TUV Product Services (TUVAM), 10040 Mesa Rim Road, San Diego, 
CA 92121; and TUV Product Services (TUVAM), 1775 Old Highway 8, NW., 
Suite 104, New Brighton (Minneapolis), MN 55112.

General Background on the Application

    TUVAM submitted an application, dated October 6, 2005 (see Exhibit 
11-1), to expand its recognition to include 142 additional test 
standards. It amended its application on February 17, 2006, to add two 
more test standards, and then in June 2006 and July 2007 further 
amended its application to reduce its request to 89 test standards (see 
Exhibits 11-2 through 11-4), one of which, however, has been withdrawn 
by the standards developing organization. Thus, TUVAM's request 
includes 88 standards. The NRTL Program staff has determined that each 
of the remaining standards is an ``appropriate test standard'' within 
the meaning of 29 CFR 1910.7(c). In connection with this request, NRTL 
Program assessment staff performed an on-site review of TUVAM's 
Massachusetts testing facility and recommended that TUVAM's recognition 
be expanded to include the additional test standards listed below (see 
Exhibit 11-5). As a result, the Agency would approve the 88 test 
standards for the expansion.
    TUVAM seeks recognition for testing and certification of products 
for demonstration of conformance to the following test standards:

UL 48.................................  Electric Signs.
UL 69.................................  Electric-Fence Controllers.
UL 82.................................  Electric Gardening Appliances.
UL 201................................  Garage Equipment.
UL 325................................  Door, Drapery, Gate, Louver, and
                                         Window Operators and Systems.
UL 399................................  Drinking-Water Coolers.
UL 474................................  Dehumidifiers.
UL 482................................  Portable Sun/Heat Lamps.
UL 497A...............................  Secondary Protectors for
                                         Communication Circuits.
UL 506................................  Specialty Transformers.
UL 561................................  Floor-Finishing Machines.
UL 563................................  Ice Makers.
UL 588................................  Seasonal and Holiday Decorative
                                         Products.
UL 676................................  Underwater Luminaires and
                                         Submersible Junction Boxes.
UL 696................................  Electric Toys.
UL 697................................  Toy Transformers.
UL 745-1..............................  Portable Electric Tools.
UL 745-2-1............................  Particular Requirements for
                                         Drills.
UL 745-2-2............................  Particular Requirements for
                                         Screwdrivers and Impact
                                         Wrenches.
UL 745-2-3............................  Particular Requirements for
                                         Grinders, Polishers, and Disk-
                                         Type Sanders.
UL 745-2-4............................  Particular Requirements for
                                         Sanders.
UL 745-2-5............................  Particular Requirements for
                                         Circular Saws and Circular
                                         Knives.
UL 745-2-6............................  Particular Requirements for
                                         Hammers.
UL 745-2-8............................  Particular Requirements for
                                         Shears and Nibblers.
UL 745-2-9............................  Particular Requirements for
                                         Tappers.
UL 745-2-11...........................  Particular Requirements for
                                         Reciprocating Saws.
UL 745-2-12...........................  Particular Requirements for
                                         Concrete Vibrators.
UL 745-2-14...........................  Particular Requirements for
                                         Planers.
UL 745-2-17...........................  Particular Requirements for
                                         Routers and Trimmers.
UL 745-2-30...........................  Particular Requirements for
                                         Staplers.
UL 745-2-31...........................  Particular Requirements for
                                         Diamond Core Drills.
UL 745-2-32...........................  Particular Requirements for
                                         Magnetic Drill Presses.
UL 745-2-33...........................  Particular Requirements for
                                         Portable Bandsaws.
UL 745-2-34...........................  Particular Requirements for
                                         Strapping Tools.
UL 745-2-35...........................  Particular Requirements for
                                         Drain Cleaners.
UL 745-2-36...........................  Particular Requirements for Hand
                                         Motor Tools.
UL 745-2-37...........................  Particular Requirements for
                                         Plate Jointers.
UL 749................................  Household Dishwashers.
UL 775................................  Graphic Arts Equipment.

[[Page 7327]]


UL 778................................  Motor-Operated Water Pumps.
UL 826................................  Household Electric Clocks.
UL 858................................  Household Electric Ranges.
UL 859................................  Household Electric Personal
                                         Grooming Appliances.
UL 867................................  Electrostatic Air Cleaners.
UL 875................................  Electric Dry-Bath Heaters.
UL 921................................  Commercial Dishwashers.
UL 935................................  Fluorescent-Lamp Ballasts.
UL 969................................  Marking and Labeling Systems.
UL 977................................  Fused Power-Circuit Devices.
UL 979................................  Water Treatment Appliances.
UL 984................................  Hermetic Refrigerant Motor-
                                         Compressors.
UL 987................................  Stationary and Fixed Electric
                                         Tools.
UL 1018...............................  Electric Aquarium Equipment.
UL 1028...............................  Hair Clipping and Shaving
                                         Appliances.
UL 1030...............................  Sheathed Heating Elements.
UL 1086...............................  Household Trash Compactors.
UL 1088...............................  Temporary Lighting Strings.
UL 1097...............................  Double Insulation Systems for
                                         Use in Electrical Equipment.
UL 1206...............................  Electric Commercial Clothes-
                                         Washing Equipment.
UL 1230...............................  Amateur Movie Lights.
UL 1240...............................  Electric Commercial Clothes-
                                         Drying Equipment.
UL 1411...............................  Transformers and Motor
                                         Transformers for Use In Audio-,
                                         Radio-, and Television-Type
                                         Appliances.
UL 1419...............................  Professional Video and Audio
                                         Equipment.
UL 1431...............................  Personal Hygiene and Health Care
                                         Appliances.
UL 1449...............................  Surge Protective Devices.
UL 1484...............................  Residential Gas Detectors.
UL 1559...............................  Insect-Control Equipment--
                                         Electrocution Type.
UL 1561...............................  Dry-Type General Purpose and
                                         Power Transformers.
UL 1563...............................  Electric Spas, Equipment
                                         Assemblies, and Associated
                                         Equipment.
UL 1573...............................  Stage and Studio Luminaires and
                                         Connector Strips.
UL 1574...............................  Track Lighting Systems.
UL 1594...............................  Sewing and Cutting Machines.
UL 1598...............................  Luminaires.
UL 1741...............................  Inverters, Converters, and
                                         Controllers and Interconnection
                                         System Equipment for Use With
                                         Distributed Energy Resources.
UL 1778...............................  Uninterruptible Power Supply
                                         Equipment.
UL 1786...............................  Direct Plug-In Nightlights.
UL 1838...............................  Low Voltage Landscape Lighting
                                         Systems.
UL 1963...............................  Refrigerant Recovery/Recycling
                                         Equipment.
UL 1993...............................  Self-Ballasted Lamps and Lamp
                                         Adapters.
UL 2044...............................  Commercial Closed-Circuit
                                         Television Equipment.
UL 2111...............................  Overheating Protection for
                                         Motors.
UL 2157...............................  Electric Clothes Washing
                                         Machines and Extractors.
UL 2158...............................  Electric Clothes Dryers.
UL 60335-2-3..........................  Household and Similar Electrical
                                         Appliances, Part 2: Particular
                                         Requirements for Electric
                                         Irons.
UL 60745-1............................  Hand-Held Motor-Operated
                                         Electric Tools--Safety--Part 1:
                                         General Requirements.
UL 61010A-2-020.......................  Electrical Equipment for
                                         Laboratory Use; Part 2:
                                         Particular Requirements for
                                         Laboratory Centrifuges.
UL 61010A-2-061.......................  Electrical Equipment for
                                         Laboratory Use; Part 2:
                                         Particular Requirements for
                                         Laboratory Atomic Spectrometers
                                         with Thermal Atomization and
                                         Ionization.
UL 61010B-2-031.......................  Electrical Equipment for
                                         Measurement, Control, and
                                         Laboratory Use; Part 2:
                                         Particular Requirements for
                                         Hand-Held Probe Assemblies for
                                         Electrical Measurement and
                                         Test.


    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    OSHA's recognition of TUVAM, or any NRTL, for a particular test 
standard is limited to equipment or materials (i.e., products) for 
which OSHA standards require third-party testing and certification 
before use in the workplace. Consequently, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    A test standard listed above may also be approved as an American 
National Standard by the American National Standards Institute (ANSI). 
However, for convenience, we use the designation of the standards 
developing organization for the standard as opposed to the ANSI 
designation. Under our procedures, any NRTL recognized for an ANSI-
approved test standard may use either the latest proprietary version of 
the test standard or the latest ANSI version of that standard. You may 
contact ANSI to find out whether or not a test standard is currently 
ANSI-approved.

Preliminary Finding on the Application

    TUVAM has submitted an acceptable request for expansion of its 
recognition as an NRTL. Our review of the application file, the 
assessor's recommendation, and other pertinent documents indicate that 
TUVAM can meet the requirements, as prescribed by 29 CFR 1910.7, for 
the expansion for the additional test standards listed above. This 
preliminary finding does not constitute an interim or temporary 
approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
TUVAM has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. 
Should you need more time to comment, you must request it in writing, 
including reasons for the request. OSHA must receive your written 
request for extension at the address provided above no later than the 
last date for comments. OSHA will limit any extension to 30 days, 
unless

[[Page 7328]]

the requester justifies a longer period. You may obtain or review 
copies of TUVAM's requests, the assessor's recommendation, and all 
submitted comments, as received, by contacting the Docket Office, Room 
N-2625, Occupational Safety and Health Administration, U.S. Department 
of Labor, at the above address. Docket No. OSHA-2007-0043 (formerly, 
NRTL2-2001) contains all materials in the record concerning TUVAM's 
application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant TUVAM's expansion request. The Assistant Secretary will make 
the final decision on granting the expansion and, in making this 
decision, may undertake other proceedings that are prescribed in 
Appendix A to 29 CFR Section 1910.7. OSHA will publish a public notice 
of this final decision in the Federal Register.

    Signed at Washington, DC, this 1st day of February, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. E8-2200 Filed 2-6-08; 8:45 am]

BILLING CODE 4510-26-P
