Federal Registers - Table of Contents

• Publication Date:	03/04/2003
• Publication Type:	Notice
• Fed Register #:	68:10269-10272
• Standard Number:	1910.7
• Title:	TUV Rheinland of North America, Inc.; Application for Expansion of Recognition

DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. NRTL3-92] TUV Rheinland of North America, Inc.; Application for Expansion of Recognition AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. SUMMARY: This notice announces the application of TUV Rheinland of North America, Inc., for expansion of its recognition as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7, and presents the Agency's preliminary finding. This preliminary finding does not constitute an interim or temporary approval of the application. DATES: You may submit comments in response to this notice, or any request for extension of the time to comment, by (1) regular mail, (2) express or overnight delivery service, (3) hand delivery, (4) messenger service, or (5) FAX transmission (facsimile). Because of security-related problems there may be a significant delay in the receipt of comments by regular mail. Comments (or any request for extension of the time to comment) must be submitted by the following dates: Regular mail and express delivery service: Your comments must be postmarked by March 19, 2003. Hand delivery and messenger service: Your comments must be received in the OSHA Docket Office by March 19, 2003. OSHA Docket Office and Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m. Facsimile and electronic transmission: Your comments must be sent by March 19, 2003. ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger service: You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket NRTL3-92, Room N-2625, U.S. Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA Docket Office at (202) 693-2350 for information about security procedures concerning the delivery of materials by express delivery, hand delivery and messenger service. Facsimile: If your comments, including any attachments, are 10 pages or fewer, you may fax them to the OSHA Docket Office at (202) 693-1648. You must include the docket number of this notice, Docket NRTL3-92, in your comments. Internet access to comments and submissions: OSHA will place comments and submissions in response to this notice on the OSHA Webpage http://www.osha.gov. Accordingly, OSHA cautions you about submitting information of a personal nature (e.g., social security number, date of birth). There may be a lag time between when comments and submissions are received and when they are placed on the Webpage. Please contact the OSHA Docket Office at (202) 693-2350 for information about materials not available through the OSHA Webpage and for assistance in using the Webpage to locate docket submissions. Comments and submissions will also be available for inspection and copying at the OSHA Docket Office at the address above. Extension of Comment Period: Submit requests for extensions concerning this notice to: Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, Room N3653, 200 Constitution Avenue, NW., Washington, DC 20210, or fax to (202) 693-1644. FOR FURTHER INFORMATION CONTACT: Sherry Nicolas, Office of Technical Programs and Coordination Activities, NRTL Program, Room N3653 at the address shown immediately above for the program, or phone (202) 693-2110. SUPPLEMENTARY INFORMATION: Notice of Application The Occupational Safety and Health Administration (OSHA) hereby gives notice that TUV Rheinland of North America, Inc. (TUV), has applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory (NRTL). TUV's expansion request covers the use of additional test standards. OSHA's current scope of recognition for TUV may be found in the following informational web page: http://www.osha-slc.gov/dts/otpca/nrtl/tuv.html. OSHA recognition of an NRTL signifies that the organization has met the legal requirements in § 1910.7 of Title 29, Code of Federal Regulations (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, OSHA can accept products "properly certified" by the NRTL. The Agency processes applications 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 an application. These notices set forth the NRTL's scope of recognition or modifications of this scope. We maintain an informational web page for each NRTL, which details its scope of recognition. These pages can be accessed from our Web site at http://www.osha-slc.gov/dts/otpca/nrtl/index.html. The most recent notice published by OSHA for TUV's recognition covered a renewal of recognition, which became effective on March 18, 2002 (67 FR 12051). The current address of the testing facility (site) that OSHA recognizes for TUV is: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown, Connecticut 06470. General Background on the Application TUV has submitted a request, dated October 16, 2001 (see Exhibit 28), to expand its recognition to use 132 additional test standards. The NRTL Program staff has determined that 17 of the 132 standards cannot be included in the expansion because they are not "appropriate test standards," within the meaning of 29 CFR 1910.7(c). The staff makes such determinations in processing expansion requests from any NRTL. Therefore, OSHA would include 115 standards in the expansion, as listed below. OSHA performed an on-site review of the NRTL in June 2002 and recommended the expansion in a memo dated October 17, 2002 (see Exhibit 29). The NRTL Program staff found that a few of the standards requested by TUV have been withdrawn or replaced by the standards developing organization. Under OSHA policy, we can no longer recognize the NRTL for such test standards but the NRTL may request or OSHA can provide recognition for comparable test standards, i.e., other appropriate test standards covering similar types of product testing. The appropriate deletions and substitutions are reflected in the listing below. ANSI A17.5 Elevators and Escalator Electrical Equipment ANSI A90.1 Safety Standard for Belt Manlifts ANSI C12.1 Code for Electricity Meters ANSI C37.21 Control Switchboards ANSI Z8.1 Commercial Laundry and Dry-cleaning Equipment and Operations ANSI/NFPA 72 Installation, Maintenance, and Use of Protective Signaling Systems UL 44 Rubber-Insulated Wires and Cables Thermoset-Insulated Wires and Cables UL 45 Portable Electric Tools UL 50 Enclosures for Electrical Equipment UL 62 Flexible Cord and Fixture Wire UL 65 Wired Cabinets UL 69 Electric-Fence Controllers UL 83 Thermoplastic-Insulated Wires and Cables UL 150 Antenna Rotators UL 187 X-Ray Equipment UL 201 Garage Equipment UL 224 Extruded Insulating Tubing UL 231 Power Outlets UL 234 Low Voltage Lighting Fixtures for Use in Recreational Vehicles UL 244A Solid-State Controls for Appliances UL 291 Automated Teller Systems UL 294 Access Control System Units UL 325 Door, Drapery, Gate, Louver, and Window Operators and Systems UL 347 High-Voltage Industrial Control Equipment UL 416 Refrigerated Medical Equipment UL 427 Refrigerating Units UL 429 Electrically Operated Valves UL 444 Communications Cables UL 466 Electric Scales UL 467 Electrical Grounding and Bonding Equipment UL 484 Room Air Conditioners UL 496 Edison Base Lampholders UL 498 Attachment Plugs and Receptacles UL 508A Industrial Control Panels UL 542 Lampholders, Starters, and Starter Holders for Fluorescent Lamps UL 551 Transformer-Type Arc-Welding Machines UL 563 Ice Makers UL 574 Electric Oil Heaters UL 588 Christmas-Tree and Decorative-Lighting Outfits UL 603 Power Supplies for Use with Burglar-Alarm Systems UL 606 Linings and Screens for Use with Burglar-Alarm Systems UL 609 Local Burglar-Alarm Units and Systems UL 632 Electrically Actuated Transmitters UL 634 Connectors and Switches for Use with Burglar-Alarm Systems UL 636 Holdup Alarm Units and Systems UL 639 Intrusion-Detection Units UL 664 Commercial Dry-Cleaning Machines (Type IV) UL 676 Underwater Lighting Fixtures UL 681 Installation and Classification of Burglar and Holdup Alarm Systems UL 756 Coin and Currency Changers and Actuators UL 773 Plug-In Locking-Type Photocontrols for Use With Area Lighting UL 773A Nonindustrial Photoelectric Switches for Lighting Control UL 813 Commercial Audio Equipment UL 817 Cord Sets and Power-Supply Cords UL 827 Central Station Alarm Services UL 834 Heating, Water Supply, and Power Boilers--Electric UL 845 Motor Control Centers UL 869A Standard for Service Equipment UL 884 Underfloor Raceways and Fittings UL 916 Energy Management Equipment UL 917 Clock-Operated Switches UL 924 Emergency Lighting and Power Equipment UL 983 Surveillance Cameras Units UL 998 Humidifiers UL 1008 Transfer Switch Equipment UL 1023 Household Burglar-Alarm System Units UL 1029 High-Intensity Discharge Lamp Ballasts UL 1030 Sheathed Heater Elements UL 1034 Burglary Resistant Electric Locking Mechanisms UL 1054 Special-Use Switches UL 1076 Proprietary Burglar-Alarm Units and Systems UL 1077 Supplementary Protectors for Use in Electrical Equipment UL 1086 Household Trash Compactors UL 1088 Temporary Lighting Strings UL 1090 Electric Snow Movers UL 1097 Double Insulation Systems for Use in Electrical Equipment UL 1206 Electric Commercial Clothes-Washing Equipment UL 1241 Junction Boxes for Swimming Pool Lighting Fixtures UL 1261 Electric Water Heaters for Pools and Tubs UL 1283 Electromagnetic-Interference Filter UL 1286 Office Furnishings UL 1414 Across-the-Line, Antenna-Coupling, and Line-by-Pass Capacitors for Radio-Television-Type Appliances UL 1433 Control Centers for Changing Message Type Electric Signs UL 1447 Electric Lawn Mowers UL 1448 Electric Hedge Trimmers UL 1450 Motor Operated Air Compressors, Vacuum Pumps and Painting Equipment UL 1472 Solid-State Dimming Controls UL 1565 Positioning Devices UL 1581 Standard for Electrical Wires, Cables, and Flexible Cords UL 1610 Central-Station Burglar-Alarm Units UL 1637 Home Health Care Signaling Equipment UL 1638 Visual Signaling Appliances UL 1740 Industrial Robots and Robotic Equipment UL 1778 Uninterruptible Power Supply Equipment UL 1951 Electric Plumbing Accessories UL 1993 Self-Ballasted Lamps and Lamp Adapters UL 1994 Low-Level Path Marking and Lighting Systems UL 1996 Duct Heaters UL 2044 Commercial Closed Circuit Television Equipment UL 2097 Double Insulation Systems for Use in Electronic Equipment UL 2106 Field Erected Boiler Assemblies UL 2111 Overheating Protection for Motors UL 3044 Surveillance Closed Circuit Television Equipment UL 60335-2-8 Household and Similar Electric Appliances, Part 2; Particular Requirements for Electric Shavers, Hair Clippers and Similar Appliances UL 60335-2-34 Household and Similar Electrical Appliances, Part 2; Particular Requirements for Motor-Compressors UL 60730-1 Automatic Electrical Controls for Household and Similar Use; Part 1: General Requirements UL 60730-2-6 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Automatic Electrical Pressure Sensing Controls Including Mechanical Requirements UL 60730-2-7 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Timers and Time Switches UL 60730-2-10A Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Motor Starting Relays UL 60730-2-11A Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Energy Regulators UL 60730-2-12A Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Electrically Operated Door Locks UL 60730-2-13A Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Humidity Sensing Controls UL 60730-2-14 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Electric Actuators UL 60730-2-16A Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Automatic Electrical Water Level Controls UL 61058-1 Switch for Appliances for Household and Similar Applications The designations and titles of the above test standards were current at the time of the preparation of this notice. OSHA's recognition of TUV, or any NRTL, for a particular test standard is limited to equipment or materials (i.e., products) for which OSHA standards require third party testing and certification before use in the workplace. Consequently, an NRTL's scope of recognition excludes any product(s) that fall within the scope of a test standard, but for which OSHA standards do not require NRTL testing and certification. Many of the UL test standards listed above also are approved as American National Standards by the American National Standards Institute (ANSI). However, for convenience, we use the designation of the standards developing organization (e.g., UL 1008) for the standard, as opposed to the ANSI designation (e.g., ANSI/UL 1008). Under our procedures, any NRTL recognized for an ANSI-approved test standard may use either the latest proprietary version of the test standard or the latest ANSI version of that standard. Contact "NSSN" (http://www.nssn.org), an organization partially sponsored by ANSI, to find out whether or not a test standard is currently ANSI-approved. Existing Condition Currently, OSHA imposes the following condition on its recognition of TUV. This condition would apply also to the recognition of the additional test standards and applies solely to TUV's NRTL operations. It is in addition to any other condition that OSHA normally imposes in its recognition of an organization as an NRTL. TUV must have specific written testing procedures in place before testing products covered by any test standard for which it is recognized and must use these procedures in testing and certifying those products. Preliminary Finding on the Application TUV has submitted an acceptable request for expansion of its recognition as an NRTL. As mentioned, in connection with this request, OSHA has performed an on-site review of TUV's NRTL testing facility. The NRTL has resolved any discrepancies noted by the assessor following the review, and the assessor factored such resolution into the memo on the recommendation (see Exhibit 29). Following a review of the application file, the assessor's recommendation, and other pertinent documents, the NRTL Program staff has concluded that OSHA can grant to TUV the expansion of recognition as an NRTL to use the additional test standards listed above, subject to the conditions as noted. The staff, therefore, recommended to the Assistant Secretary that the application be preliminarily approved. Based upon the recommendations of the staff, the Assistant Secretary has made a preliminary finding that the TUV Rheinland of North America, Inc., can meet the requirements, as prescribed by 29 CFR 1910.7, for the expansion of recognition, subject to the above conditions. This preliminary finding does not constitute an interim or temporary approval of the application. OSHA welcomes public comments, in sufficient detail, as to whether TUV has met the requirements of 29 CFR 1910.7 for expansion of its recognition as a Nationally Recognized Testing Laboratory. Your comments should consist of pertinent written documents and exhibits. To consider a comment, OSHA must receive it at the address provided above (see ADDRESSES), no later than the last date for comments (see DATES above). Should you need more time to comment, OSHA must receive your written request for extension at the address provided above no later than the last date for comments. You must include your reason(s) for any request for extension. OSHA will limit any extension to 30 days, unless the requester justifies a longer period. We may deny a request for extension if it is frivolous or otherwise unwarranted. You may obtain or review copies of TUV's requests, the on-site review reports, and all submitted comments, as received, by contacting the Docket Office, Room N2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. Docket No. NRTL3-92 contains all materials in the record concerning TUV's application. The NRTL Program staff will review all timely comments, and after resolution of issues raised by these comments, will recommend whether to grant TUV's expansion request. The Agency will make the final decision on granting the expansion, and in making this decision, may undertake other proceedings that are prescribed in appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this final decision in the Federal Register. Signed at Washington, DC, this 25th day of February, 2003. John L. Henshaw, Assistant Secretary. [FR Doc. 03-5051 Filed 3-3-03; 8:45 am] BILLING CODE 4510-26-P

Federal Registers - Table of Contents