82 FR 7866 - TUV Rheinland of North America, Inc.: Grant of Expansion of Recognition and Modification to the NRTL Program's List of Appropriate Test Standards

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 13 (January 23, 2017)

In this notice, OSHA announces its final decision to expand the scope of recognition for TUV Rheinland of North America, Inc. as a Nationally Recognized Testing Laboratory (NRTL) and to add one new standard to the NRTL Program's List of Appropriate Test Standards.

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7866-7867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01409]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Grant of Expansion of 
Recognition and Modification to the NRTL Program's List of Appropriate 
Test Standards

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 Rheinland of North America, Inc. as a 
Nationally Recognized Testing Laboratory (NRTL) and to add one new 
standard to the NRTL Program's List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes effective on 
January 23, 2017.

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 Rheinland of North America, Inc. (TUVRNA) as an 
NRTL. TUVRNA's expansion covers the addition of three recognized 
testing standards and two recognized testing and certification sites to 
its NRTL scope of recognition. Additionally, OSHA announces a 
modification to the NRTL Program's List of Appropriate Test Standards 
to include one additional test standard.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in 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. 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.
    TUVRNA submitted five applications, dated April 1, 2015 (OSHA-2007-
0042-0016), May 6, 2015 (OSHA-2007-0042-0017), August 20, 2015 (OSHA-
2007-0042-0018), December 7, 2015 (OSHA-2007-0042-0019) and March 2, 
2016 (OSHA-2007-0042-0020), to expand its recognition to include three 
additional recognized test standards and two additional recognized 
sites. The two recognized testing sites are located at: TUV Rheinland 
Japan Ltd., Global Technology Assessment Center, 4-25-2 Kita-Yamata, 
Tsuzuki-ku, Yokohama, Kanagawa, 224-0021 JAPAN and TUV Rheinland LGA 
Products GmbH, Am Grauen Stein 29, Koln, NRW 51105 GERMANY. OSHA staff 
performed a detailed analysis of the applications and other pertinent 
information. OSHA staff also performed on-site reviews of TUV Yokohama 
on February 16-17, 2016, and TUV Cologne on June 9-10, 2016, and 
recommended expansion of TUVRNA's recognition to include these two 
sites. Further, OSHA staff recommended expansion of TUVRNA's 
recognition to include three test standards, including one OSHA has 
added to the NRTL Program's List of Appropriate Test Standards.
    OSHA published the preliminary notice announcing TUVRNA's expansion 
application and modification to the NRTL Program's List of Appropriate 
Test Standards in the Federal Register on October 31, 2016 (81 FR 
75444). The Agency requested comments by November 15, 2016, but it 
received no comments in response to this notice. OSHA now is proceeding 
with this final notice to grant expansion of TUVRNA's scope of 
recognition and to modify the NRTL Program's List of Appropriate Test 
Standards.
    To obtain or review copies of all public documents pertaining to 
the TUVRNA'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-2007-0042 contains all materials 
in the record concerning TUVRNA's recognition.

[[Page 7867]]

II. Final Decision and Order

    OSHA staff examined TUVRNA's expansion application, conducted a 
detailed on-site assessment, and examined other pertinent information. 
Based on its review of this evidence, OSHA finds that TUVRNA meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition, subject 
to the limitations and conditions listed below. OSHA, therefore, is 
proceeding with this final notice to grant TUVRNA's scope of 
recognition. OSHA limits the expansion of TUVRNA's recognition to 
include the sites at TUV Cologne, Germany and TUV Yokohama, Japan as 
listed above. OSHA's recognition of these sites limits TUVRNA 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 TUVRNA's scope of recognition. This 
limitation is consistent with the recognition that OSHA grants to other 
NRTLs that operate multiple sites. OSHA further limits the expansion of 
TUVRNA's recognition to testing and certification of products for 
demonstration of conformance to the test standards listed in Table 1 
below.
    Additionally, Table 2, below, lists the test standard new to the 
NRTL Program's List of Appropriate Test Standards. The Agency evaluated 
the standard to (1) verify it represents a product category for which 
OSHA requires certification by an NRTL, (2) verify the document 
represents an end product and not a component, and (3) verify the 
document defines safety test specifications (not installation or 
operational performance specifications). Based on this evaluation, OSHA 
finds that it is an appropriate test standard and has added the 
standard to the NRTL Program's List of Appropriate Test Standards.

  Table 1--List of Appropriate Test Standards for Inclusion in TUVRNA'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
                                     technology equipment--Part 1:
                                     Safety Requirements.
UL 1004-1.........................  Standard for Rotating Electrical
                                     Machines--General Requirements.
UL 62109-1 *......................  Standard for Safety of power
                                     converters for use in photovoltaic
                                     power systems--Part 1: General
                                     requirements.
------------------------------------------------------------------------
* Represents the standard that OSHA will add to the NRTL List of
  Appropriate Test Standards.


   Table 2--Test Standard OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 62109-1........................  Standard for Safety of power
                                     converters for use in photovoltaic
                                     power systems--Part 1: General
                                     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 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, 
TUVRNA also must abide by the following conditions of the recognition:
    1. TUVRNA 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. TUVRNA must meet all the terms of its recognition and comply 
with all OSHA policies pertaining to this recognition; and
    3. TUVRNA must continue to meet the requirements for recognition, 
including all previously published conditions on TUVRNA'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 
recognition of TUVRNA, subject to the limitations and conditions 
specified above.

III. 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 January 11, 2017.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-01409 Filed 1-19-17; 8:45 am]
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