81 FR 10917 - TUV SUD America Inc.: Grant of Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 41 (March 2, 2016)

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).

[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Notices]
[Pages 10917-10918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04526]


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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 
March 2, 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: [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 SUD America, Inc. (TUVAM) as an NRTL. TUVAM's 
expansion covers the addition of fifteen test standards and one 
recognized testing and certification site 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 
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 October 16, 2014, (OSHA-2007-
0043-0014) to expand its recognition to include fifteen additional test 
standards and one additional recognized testing and certification site 
located at: TUV SUD, 1229 Ringwell Drive, Newmarket, ON, L3Y 8T8, 
Canada. OSHA staff performed a detailed analysis of the application, 
including a comparability analysis, and reviewed other pertinent 
information. OSHA performed an on-site review of TUVAM's testing and 
certification facility in Newmarket, ON Canada on July 14-15, 2015, in 
which assessors found nonconformances with the requirements of 29 CFR 
1910.7. TUVAM addressed these issues sufficiently, and OSHA staff 
recommended expansion of TUVAM's recognition to include these standards 
and this site.
    OSHA published the preliminary notice announcing TUVAM's expansion 
application in the Federal Register on December 7, 2015 (80 FR 76045). 
The Agency requested comments by December 22, 2015, 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, conducted a detailed 
on-site assessment, and reviewed 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 standards listed in Table 1 below. Further, OSHA limits the 
expansion of TUVAM's recognition to include the site at TUV SUD, 
Newmarket, ON Canada as listed above. OSHA's recognition of this site 
limits TUVAM to performing product testing and certifications only to 
the test standards for which the site has the proper capability and 
programs, and for test standards in TUVAM's scope of recognition. These 
limitations are consistent with the recognition that OSHA grants to 
other NRTLs that operate multiple sites.

[[Page 10918]]



 Table 1--List Appropriate Test Standards for Inclusion in TUVAM's NRTL
                          Scope of Recognition
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          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.
------------------------------------------------------------------------

    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 standards listed above as American National Standards. 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 February 25, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-04526 Filed 3-1-16; 8:45 am]
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