83 FR 36625 - TUV Rheinland of North America, Inc.: Applications for Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 146 (July 30, 2018)

In this notice, OSHA announces the applications of TUV Rheinland of North America, Inc., for expansion of its scope of recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the agency's preliminary finding to grant the applications.

[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36625-36627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16214]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Applications for Expansion 
of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of TUV 
Rheinland of North America, Inc., for expansion of its scope of 
recognition as a Nationally Recognized Testing Laboratory (NRTL) and 
presents the agency's preliminary finding to grant the applications.

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 August 14, 2018.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0042, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office's normal business hours, 10:00 a.m. 
to 3:00 p.m., ET.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2007-0042) for the Information Collection Request 
(ICR). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at https://www.regulations.gov. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the website. All submissions, 
including copyrighted material, are available for

[[Page 36626]]

inspection at the OSHA Docket Office. You may also contact Kevin 
Robinson at the contact information below to obtain a copy of the ICR.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before August 14, 2018 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-3653, 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, 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, phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Applications for Expansion

    The Occupational Safety and Health Administration is providing 
notice that TUV Rheinland of North America, Inc. (TUVRNA), is applying 
for expansion of its current recognition as an NRTL. TUVRNA requests 
the addition of four (4) recognized testing and certification sites, 
and two (2) additional test standards to its NRTL scope of recognition.
    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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
applicable test standard and (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. 
Recognition is not a delegation or grant of government authority; 
however, 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 a 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 the 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 TUVRNA, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has five facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, 
Connecticut 06470. A complete list of TUVRNA sites recognized by OSHA 
is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Applications

    TUVRNA submitted two applications, one dated March 30, 2016 (OSHA-
2007-0042-0030) and another dated April 19, 2017 (OSHA-2007-0042-0031), 
to expand its recognition to include the addition of four recognized 
testing and certification sites located at: TUV Rheinland (Shenzhen) 
Co., Ltd. 1f East & 2-4F, Cybio Technology Building No. 1, No. 16, 
Keibei 2nd Road, High-Tech Industrial Park North, Nashan District, 
518057 Shenzhen China; TUV Rheinland (Shanghai) Co., Ltd, TUV Rheinland 
Building No. 177, Lane 777, West Guangzhong Road, Zhabei District, 
Shanghai 200072, P.R. China; TUV Rheinland Taiwan Ltd., 11F., No 758, 
Sec. 4, Bade Rd., Songshan Dist., Taipei City 105, Taiwan; and TUV 
Rheinland Taiwan Ltd., Taichung Branch Office, No. 9, Lane 36, Minsheng 
Rod., Sec. 3, Daya District, Taichung City 428, Taiwan. TUVRNA's 
applications also requested the addition of two additional test 
standards to its scope of recognition. In 2017 OSHA staff performed an 
on-site review of TUVRNA's testing facilities on August 7-8 at TUV 
Rheinland Shanghai, August 10-11at TUV Rheinland Shenzhen, August 14-15 
at TUV Rheinland Taipei, and August 16, 2017 at TUV Rheinland Taichung, 
in which the assessors found some nonconformances with the requirements 
of 29 CFR 1910.7. TUVRNA addressed these issues sufficiently, and OSHA 
staff preliminarily determined that OSHA should grant the applications 
for expansion.
    Table 1 below lists the appropriate test standards found in 
TUVRNA's applications for expansion for testing and certification of 
products under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                   TUVRNA's NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
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NFPA 496..........................  Purged and Pressurized Enclosures
                                     for Electrical Equipment.
UL 698A...........................  Industrial and Classification of
                                     Mercantile and Bank Burglar-Alarm
                                     Systems.
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III. Preliminary Finding on the Applications

    TUVRNA submitted acceptable applications for expansion of its scope 
of recognition. OSHA's review of the application files and detailed on-
site assessments indicate that TUVRNA can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding recognition to include the 
addition of four sites and these two test standards for NRTL testing 
and certification. This preliminary finding does not constitute an 
interim or temporary approval of TUVRNA's applications.
    OSHA welcomes public comment as to whether TUVRNA meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as a 
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 by the due date for 
comments. OSHA will limit any extension to 10

[[Page 36627]]

days unless the requester justifies a longer time 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, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, listed in ADDRESSES. These materials also are available online 
at https://www.regulations.gov under Docket No. OSHA-2007-0042.
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
staff will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health on whether to grant TUVRNA's 
applications for expansion of its scope of recognition. The Assistant 
Secretary will make the final decision on granting the applications. 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

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, 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 July 24, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-16214 Filed 7-27-18; 8:45 am]
 BILLING CODE 4510-26-P