80 FR 76045 - TUV SUD America Inc.: Application for Expansion of Recognition
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 80, Issue 234 (December 7, 2015)
Occupational Safety and Health Administration
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 76045-76047 | |
| FR Document | 2015-30783 |
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)] [Notices] [Pages 76045-76047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30783] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0043] TUV SUD America Inc.: Application for Expansion of Recognition AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this notice, OSHA announces the application of TUV SUD America Inc. for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL). DATES: Submit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before December 22, 2015. ADDRESSES: Submit comments by any of the following methods: 1. Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions. 2. Facsimile: If submissions, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693-1648. 3. Regular or express mail, hand delivery, or messenger (courier) service: Submit comments, requests, and any attachments to the OSHA Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889- 5627). Note that security procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express mail, hand delivery, or messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t. 4. Instructions: All submissions must include the Agency name and the OSHA docket number (OSHA-2007-0043). OSHA places comments and other materials, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data. 5. 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 [[Page 76046]] read or download through the Web site. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions. 6. Extension of comment period: Submit requests for an extension of the comment period on or before December 22, 2015 to the 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, or by fax to (202) 693- 1644. 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; phone: (202) 693-2110 or email: [email protected]. SUPPLEMENTARY INFORMATION: I. Notice of the Application for Expansion The Occupational Safety and Health Administration is providing notice that TUV SUD America Inc. (TUVAM) is applying for expansion of its current recognition as an NRTL. TUVAM requests the addition of one recognized testing and certification site and fifteen test standards to its NRTL scope of recognition. OSHA recognition of an NRTL signifies that the organization meets the requirements specified in Title 29, Code of Federal Regulations, Section 1910.7 (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. Recognition enables employers to use products approved by the NRTL to meet OSHA standards that require product testing and certification. The Agency processes applications by an NRTL for initial recognition and for an 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. 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, including TUVAM, which details the NRTL's scope of recognition. These pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html. Each NRTL's scope of recognition has three elements: (1) The type of products the NRTL may test, with each type specified by its applicable test standard; (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; and (3) the supplemental program(s) that the NRTL may use. Each of these elements allows the NRTL to rely on other parties to perform activities necessary for product testing and certification. TUVAM currently has three facilities (sites) recognized by OSHA for product testing and certification, with its headquarters located at: TUD SUD America, Inc., 10 Centennial Drive, Peabody, MA 01960. A complete list of TUVAM sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html. II. General Background on the Application TUVAM submitted an application, dated October 16, 2014 (Exhibit 15- 3, Application to Add Test Site and Test Standards, OSHA-2007-0043), to expand its recognition to include the addition of one recognized testing and certification site located at: TUV SUD, 1229 Ringwell Drive, Newmarket, ON, L3Y 8T8, Canada. Additionally, this application seeks to expand its recognition to include fifteen additional test standards. OSHA staff also performed an on-site review of TUVAM's testing facilities in Newmarket, ON Canada on July 14-15, 2015, during which the assessors found some nonconformances with the requirements of 29 CFR 1910.7. TUVAM addressed these issues sufficiently, and OSHA staff preliminarily determined that OSHA should grant the application. Table 1 below lists the appropriate test standards found in TUVAM's application for expansion for testing and certification of products under the NRTL Program. Table 1--Proposed List of Appropriate Test Standards for Inclusion in TUVAM's NRTL Scope of Recognition ------------------------------------------------------------------------ Test standard Test standard title ------------------------------------------------------------------------ UL 2202........................... Standard for Electric Vehicle (EV) Charging System Equipment. ANSI Z83.8........................ Gas Unit Heaters, Gas Utility Heaters and Gas-Fired Duct Furnaces. ANSI Z21.13....................... Gas-Fired Low Pressure Steam and Hot Water Boilers. UL 795............................ Standard for Commercial-Industrial Gas Heating Equipment. UL 726............................ Standard for Oil-Fired Boiler Assemblies. UL 727............................ Standard for Oil-Fired Central Furnaces. ANS Z21.10.3...................... Gas-Fired Water Heaters--Volume III, Storage Water Heaters With Input Ratings Above 75,000 BTU Per Hour, Circulating and Instantaneous. UL 484............................ Standard for Room Air Conditioners. UL 705............................ Standard for Power Ventilators. UL 1812........................... Standard for Ducted Heat Recovery Ventilators. UL 1815........................... Standard for Non-ducted Heat Recovery Ventilators. UL 412............................ Standard for Refrigeration Unit Coolers. UL 1042........................... Standard for Electric Baseboard Heating Equipment. UL 1996........................... Standard for Electric Duct Heaters. UL 2021........................... Standard for Fixed and Location- Dedicated Electric Room Heaters. ------------------------------------------------------------------------ [[Page 76047]] III. Preliminary Finding on the Application TUVAM submitted an acceptable application for expansion of its scope of recognition. OSHA's review of the application file and its detailed on-site assessment indicate that TUVAM can meet the requirements prescribed by 29 CFR 1910.7 for expanding its recognition to include the addition of one site and fifteen standards for NRTL testing and certification. This preliminary finding does not constitute an interim or temporary approval of TUVAM's application. OSHA welcomes public comment as to whether TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its recognition as an NRTL. Comments should consist of pertinent written documents and exhibits. Commenters needing more time to comment must submit a request in writing, stating the reasons for the request. Commenters must submit the written request for an extension by the due date for comments. OSHA will limit any extension to 10 days unless the requester justifies a longer period. OSHA may deny a request for an extension if it is not adequately justified. To obtain or review copies of the exhibits identified in this notice, as well as comments submitted to the docket, contact the Docket Office, Room N-2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. These materials also are available online at http://www.regulations.gov under Docket No. OSHA-2007-0043. OSHA staff will review all comments to the docket submitted in a timely manner and, after addressing the issues raised by these comments, will recommend to the Assistant Secretary for Occupational Safety and Health whether to grant TUVAM's application for expansion of its scope of recognition. The Assistant Secretary will make the final decision on granting the application. In making this decision, the Assistant Secretary may undertake other proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this final decision in the Federal Register. 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 December 2, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2015-30783 Filed 12-4-15; 8:45 am] BILLING CODE 4510-26-P
![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76045
all materials in the record concerning standards, and other pertinent proceeding with this final notice to
CSA’s recognition. information. Based on its review of this grant CSA’s scope of recognition. OSHA
evidence, OSHA finds that CSA meets limits the expansion of CSA’s
II. Final Decision and Order
the requirements of 29 CFR 1910.7 for recognition to testing and certification
OSHA staff examined CSA’s expansion of its recognition, subject to of products for demonstration of
expansion application, its capability to the specified limitation and conditions conformance to the test standards listed
meet the requirements of the test listed below. OSHA, therefore, is in Table 1 below.
TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN CSA’S NRTL SCOPE OF RECOGNITION
Test standard Test standard title
UL 1004–1 ...................................... Standard for Rotating Electrical Machines—General Requirements.
AAMI ES 60601–1: 2005/(R) 2012 Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance.
OSHA’s recognition of any NRTL for limitation and conditions specified instructions online for making
a particular test standard is limited to above. electronic submissions.
equipment or materials for which OSHA 2. Facsimile: If submissions,
Authority and Signature including attachments, are not longer
standards require third-party testing and
certification before using them in the David Michaels, Ph.D., MPH, than 10 pages, commenters may fax
workplace. Consequently, if a test Assistant Secretary of Labor for them to the OSHA Docket Office at (202)
standard also covers any products for Occupational Safety and Health, 200 693–1648.
which OSHA does not require such Constitution Avenue NW., Washington, 3. Regular or express mail, hand
testing and certification, an NRTL’s DC 20210, authorized the preparation of delivery, or messenger (courier) service:
scope of recognition does not include this notice. Accordingly, the Agency is Submit comments, requests, and any
these products. issuing this notice pursuant to 29 U.S.C. attachments to the OSHA Docket Office,
The American National Standards 657(g)(2), Secretary of Labor’s Order No. Docket No. OSHA–2007–0043,
Institute (ANSI) may approve the test 1–2012 (77 FR 3912, Jan. 25, 2012), and Technical Data Center, U.S. Department
standards listed above as American 29 CFR 1910.7. of Labor, 200 Constitution Avenue NW.,
National Standards. However, for Room N–2625, Washington, DC 20210;
Signed at Washington, DC, on December 2,
convenience, we may use the 2015. telephone: (202) 693–2350 (TTY
designation of the standards-developing number: (877) 889–5627). Note that
David Michaels,
organization for the standard as opposed security procedures may result in
Assistant Secretary of Labor for Occupational
to the ANSI designation. Under the significant delays in receiving
Safety and Health.
NRTL Program’s policy (see OSHA comments and other written materials
[FR Doc. 2015–30784 Filed 12–4–15; 8:45 am]
Instruction CPL 1–0.3, Appendix C, by regular mail. Contact the OSHA
BILLING CODE 4510–26–P
paragraph XIV), any NRTL recognized Docket Office for information about
for a particular test standard may use security procedures concerning delivery
either the proprietary version of the test of materials by express mail, hand
DEPARTMENT OF LABOR
standard or the ANSI version of that delivery, or messenger service. The
standard. Contact ANSI to determine Occupational Safety and Health hours of operation for the OSHA Docket
whether a test standard is currently Administration Office are 8:15 a.m.–4:45 p.m., e.t.
4. Instructions: All submissions must
ANSI-approved.
[Docket No. OSHA–2007–0043] include the Agency name and the OSHA
A. Conditions docket number (OSHA–2007–0043).
TUV SUD America Inc.: Application for OSHA places comments and other
In addition to those conditions
Expansion of Recognition materials, including any personal
already required by 29 CFR 1910.7, CSA
information, in the public docket
must abide by the following conditions AGENCY: Occupational Safety and Health without revision, and these materials
of the recognition: Administration (OSHA), Labor. will be available online at http://
1. CSA must inform OSHA as soon as ACTION: Notice. www.regulations.gov. Therefore, the
possible, in writing, of any change of Agency cautions commenters about
ownership, facilities, or key personnel, SUMMARY: In this notice, OSHA
submitting statements they do not want
and of any major change in its announces the application of TUV SUD
made available to the public, or
operations as an NRTL, and provide America Inc. for expansion of its
submitting comments that contain
details of the change(s); recognition as a Nationally Recognized
personal information (either about
2. CSA must meet all the terms of its Testing Laboratory (NRTL).
themselves or others) such as Social
recognition and comply with all OSHA DATES: Submit comments, information, Security numbers, birth dates, and
policies pertaining to this recognition; and documents in response to this medical data.
and notice, or requests for an extension of 5. Docket: To read or download
3. CSA must continue to meet the time to make a submission, on or before
mstockstill on DSK4VPTVN1PROD with NOTICES
submissions or other material in the
requirements for recognition, including December 22, 2015. docket, go to http://www.regulations.gov
all previously published conditions on ADDRESSES: Submit comments by any of or the OSHA Docket Office at the
CSA’s scope of recognition, in all areas the following methods: address above. All documents in the
for which it has recognition. 1. Electronically: Submit comments docket are listed in the http://
Pursuant to the authority in 29 CFR and attachments electronically at http:// www.regulations.gov index; however,
1910.7, OSHA hereby expands the scope www.regulations.gov, which is the some information (e.g., copyrighted
of recognition of CSA, subject to the Federal eRulemaking Portal. Follow the material) is not publicly available to
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![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76047
III. Preliminary Finding on the 1–2012 (77 FR 3912, Jan. 25, 2012), and by regular mail. Contact the OSHA
Application 29 CFR 1910.7. Docket Office for information about
TUVAM submitted an acceptable Signed at Washington, DC, on December 2, security procedures concerning delivery
application for expansion of its scope of 2015. of materials by express mail, hand
recognition. OSHA’s review of the David Michaels, delivery, or messenger service. The
application file and its detailed on-site Assistant Secretary of Labor for Occupational
hours of operation for the OSHA Docket
assessment indicate that TUVAM can Safety and Health. Office are 8:15 a.m.–4:45 p.m., e.t.
meet the requirements prescribed by 29 [FR Doc. 2015–30783 Filed 12–4–15; 8:45 am]
4. Instructions: All submissions must
CFR 1910.7 for expanding its include the Agency name and the OSHA
BILLING CODE 4510–26–P
recognition to include the addition of docket number (OSHA–2013–0017).
one site and fifteen standards for NRTL OSHA places comments and other
testing and certification. This DEPARTMENT OF LABOR materials, including any personal
preliminary finding does not constitute information, in the public docket
an interim or temporary approval of Occupational Safety and Health without revision, and these materials
TUVAM’s application. Administration will be available online at http://
OSHA welcomes public comment as www.regulations.gov. Therefore, the
[Docket No. OSHA–2013–0017]
to whether TUVAM meets the Agency cautions commenters about
requirements of 29 CFR 1910.7 for Quality Auditing Institute, Ltd.: submitting statements they do not want
expansion of its recognition as an NRTL. Application for Expansion of made available to the public, or
Comments should consist of pertinent Recognition and Modification to the submitting comments that contain
written documents and exhibits. List of Appropriate NRTL Program Test personal information (either about
Commenters needing more time to Standards themselves or others) such as Social
comment must submit a request in Security numbers, birth dates, and
writing, stating the reasons for the AGENCY: Occupational Safety and Health medical data.
request. Commenters must submit the Administration (OSHA), Labor. 5. Docket: To read or download
written request for an extension by the ACTION: Notice. submissions or other material in the
due date for comments. OSHA will limit docket, go to http://www.regulations.gov
SUMMARY: In this notice, OSHA or the OSHA Docket Office at the
any extension to 10 days unless the
announces the application of Quality address above. All documents in the
requester justifies a longer period.
Auditing Institute, Ltd. for expansion of docket are listed in the http://
OSHA may deny a request for an
its recognition as a Nationally www.regulations.gov index; however,
extension if it is not adequately
Recognized Testing Laboratory (NRTL) some information (e.g., copyrighted
justified. To obtain or review copies of
and presents the Agency’s preliminary material) is not publicly available to
the exhibits identified in this notice, as
finding to grant the application. read or download through the Web site.
well as comments submitted to the
Additionally, OSHA proposes to add a All submissions, including copyrighted
docket, contact the Docket Office, Room
new test standard to the NRTL list of material, are available for inspection at
N–2625, Occupational Safety and
appropriate test standards. the OSHA Docket Office. Contact the
Health Administration, U.S. Department
of Labor, at the above address. These DATES: Submit comments, information, OSHA Docket Office for assistance in
materials also are available online at and documents in response to this locating docket submissions.
http://www.regulations.gov under notice, or requests for an extension of 6. Extension of comment period:
Docket No. OSHA–2007–0043. time to make a submission, on or before Submit requests for an extension of the
OSHA staff will review all comments December 22, 2015. comment period on or before December
to the docket submitted in a timely ADDRESSES: Submit comments by any of 22, 2015 to the Office of Technical
manner and, after addressing the issues the following methods: Programs and Coordination Activities,
raised by these comments, will 1. Electronically: Submit comments Directorate of Technical Support and
recommend to the Assistant Secretary and attachments electronically at http:// Emergency Management, Occupational
for Occupational Safety and Health www.regulations.gov, which is the Safety and Health Administration, U.S.
whether to grant TUVAM’s application Federal eRulemaking Portal. Follow the Department of Labor, 200 Constitution
for expansion of its scope of recognition. instructions online for making Avenue NW., Room N–3655,
The Assistant Secretary will make the electronic submissions. Washington, DC 20210, or by fax to
final decision on granting the 2. Facsimile: If submissions, (202) 693–1644.
application. In making this decision, the including attachments, are not longer FOR FURTHER INFORMATION CONTACT:
Assistant Secretary may undertake other than 10 pages, commenters may fax Information regarding this notice is
proceedings prescribed in Appendix A them to the OSHA Docket Office at (202) available from the following sources:
to 29 CFR 1910.7. 693–1648. Press inquiries: Contact Mr. Frank
OSHA will publish a public notice of 3. Regular or express mail, hand Meilinger, Director, OSHA Office of
this final decision in the Federal delivery, or messenger (courier) service: Communications, U.S. Department of
Register. Submit comments, requests, and any Labor, 200 Constitution Avenue NW.,
attachments to the OSHA Docket Office, Room N–3647, Washington, DC 20210;
Authority and Signature Docket No. OSHA–2013–0017, telephone: (202) 693–1999; email:
mstockstill on DSK4VPTVN1PROD with NOTICES
David Michaels, Ph.D., MPH, Technical Data Center, U.S. Department meilinger.francis2@dol.gov.
Assistant Secretary of Labor for of Labor, 200 Constitution Avenue NW., General and technical information:
Occupational Safety and Health, 200 Room N–2625, Washington, DC 20210; Contact Mr. Kevin Robinson, Director,
Constitution Avenue NW., Washington, telephone: (202) 693–2350 (TTY Office of Technical Programs and
DC 20210, authorized the preparation of number: (877) 889–5627). Note that Coordination Activities, Directorate of
this notice. Accordingly, the Agency is security procedures may result in Technical Support and Emergency
issuing this notice pursuant to 29 U.S.C. significant delays in receiving Management, Occupational Safety and
657(g)(2), Secretary of Labor’s Order No. comments and other written materials Health Administration, U.S. Department
VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/80_FR_76279/page/3.svg)
Document Created: 2015-12-14 13:30:28
Document Modified: 2015-12-14 13:30:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Submit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before December 22, 2015. | |
| Contact | Information regarding this notice is available from the following sources: | |
| FR Citation | 80 FR 76045 |
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