
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22319-22320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08761]


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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 its final decision to expand 
the scope of recognition for TUV SUD America Inc. as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
April 15, 2016.

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: meilinger.francis2@dol.gov.
    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: robinson.kevin@dol.gov. 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 SUD America Inc. (TUVAM) as an NRTL. TUVAM's 
expansion covers the addition of one test standard to its scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified by 29 CFR 1910.7. Recognition is an

[[Page 22320]]

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 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. 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.
    TUVAM submitted an application, dated August 10, 2015 (OSHA-2007-
0043-0018) 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 TUVAM's expansion 
application in the Federal Register on January 22, 2016 (81 FR 3833). 
The Agency requested comments by February 8, 2016, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of TUVAM's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
TUVAM'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-2625, Washington, DC 
20210. Docket No. OSHA-2007-0043 contains all materials in the record 
concerning TUVAM's recognition.

II. Final Decision and Order

    OSHA staff examined TUVAM'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 
TUVAM 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 TUVAM's 
scope of recognition. OSHA limits the expansion of TUVAM'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 TUVAM's NRTL Scope
                             of Recognition
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           Test standard                     Test standard title
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UL 62368-1........................  Audio/Video, information and
                                     communication technology equipment--
                                     Part 1: Safety Requirements.
------------------------------------------------------------------------

    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, an 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standard listed above 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, 
TUVAM must abide by the following conditions of the 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 an 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, subject to the limitation and conditions 
specified above.

Authority and Signature

    David Michaels, Ph.D., MPH, 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. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on April 12, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-08761 Filed 4-14-16; 8:45 am]
 BILLING CODE 4510-26-P


