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)

In this notice, OSHA announces the application of TUV SUD America Inc. for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL).

[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