DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-92]

TUV Rheinland of North America, Inc., Request for Expansion of Recognition

(Authority: 29 CFR 1910.7)

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice of request for expansion of recognition as a Nationally Recognized Testing Laboratory (NRTL), and preliminary finding.

SUMMARY: This notice announces the application of TUV Rheinland of North America, Inc., for expansion of its recognition as a NRTL under 29 CFR 1910.7, for test standards, and presents the Agency's preliminary finding.

DATES: The last date for interested parties to submit comments is February 10, 1998.

ADDRESSES: Send comments concerning this notice to: NRTL Recognition Program, Office of Variance Determination, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653 Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Variance Determination, NRTL Recognition Program at the above address, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that TUV Rheinland of North America, Inc., (TUV), has made application pursuant to 29 CFR 1910.7, for expansion of its recognition as a Nationally Recognized Testing Laboratory for the equipment or materials listed below. TUV previously made application pursuant to 29 CFR 1910.7, for recognition as a Nationally Recognized Testing Laboratory (58 FR 61101, 11/19/93), and was so recognized (60 FR 42594, 8/16/95).

The address of the TUV laboratory covered by this application is: TUV Rheinland of North America, Inc., 12 Commerce Road, Newton, Connecticut 06470.

Background

This Federal Register notice announces TUV's application for expansion of recognition as a Nationally Recognized Testing Laboratory for additional test standards, dated May 12, 1997 (see Exhibit 13A). TUV's application for expansion also included a request for recognition of an additional site. However, in a letter to OSHA dated September 15, 1997 (see Exhibit 13B), TUV requested that the expansion for the standards be processed first since the recognition of the additional site required additional processing time on OSHA's part.

TUV requests recognition for the following standards when applicable to equipment or materials that will be used in environments under OSHA's jurisdiction. TUV desires recognition for testing and certification of products tested for compliance with these test standards, which are appropriate within the meaning of 29 CFR 1910.7(c):

UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements for Safety

UL 3101-1 Electrical Equipment for Laboratory Use; Part 1: General Requirements

UL 3111-1 Electrical Measuring and Test Equipment; Part 1: General Requirements

UL 6500 Audio/Video and Musical Instrument Apparatus for Household, Commercial, and Similar General Use

The NRTL staff performed an on-site survey (review) of TUV's Newton, CT facility on June 23-24, 1997. In the cover memo for the on- site review report, dated October 10, 1997 (see Exhibit 14), the NRTL staff recommended that TUV's recognition be expanded to include these additional test standards. Recognition for these standards will be granted on condition that TUV perform the testing and certification activities associated with these standards at its Newton, CT facility only. This condition will be eliminated upon OSHA's grant of recognition to TUV to permit use of other programs and procedures described in the March 9, 1995 Federal Register notice. (60 FR 12980 entitled, "Nationally Recognized Testing Laboratories; Clarification of the Types of Programs and Procedures")

Preliminary Finding

Based upon a review of the complete application, the on-site review report, and the recommendations of the staff, the Assistant Secretary has made a preliminary finding that TUV Rheinland of North America, Inc., can meet the requirements as prescribed by 29 CFR 1910.7 for the expansion of its recognition to include the four (4) test standards previously listed, subject to the condition noted above.

All interested members of the public are invited to supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements for expansion of its recognition as a Nationally Recognized Testing Laboratory, as required by 29 CFR 1910.7 and Appendix A to 29 CFR 1910.7. Submission of pertinent written documents and exhibits shall be made no later than February 10, 1998, and must be addressed to the NRTL Program, Office of Variance Determination, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 20210. Copies of the TUV application letter, the on- site survey (review) report, and all submitted comments, as received, are available for inspection and duplication (under Docket No. NRTL-3- 92) at the Docket Office, Room N2634, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address.

The Assistant Secretary's final decision on whether the applicant (TUV Rheinland of North America, Inc.) satisfies the requirements for expansion of its recognition as an NRTL will be made on the basis of the entire record including the public submissions and any further proceedings that the Assistant Secretary may consider to be appropriate in accordance with Appendix A to Section 1910.7.

Signed at Washington, D.C. this 1st day of December, 1997.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 97-32541 Filed 12-11-97; 8:45 am)