Occupational Safety and Health Administration (OSHA), Labor.
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).
The expansion of the scope of recognition becomes effective on June 5, 2019.
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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: firstname.lastname@example.org.
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@example.com. OSHA's website includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
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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 four recognized testing and certification sites and two recognized testing standards to the NRTL scope of recognition.
OSHA recognition of a 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 the scope of recognition, and is not a delegation or grant of government authority. As a result of Start Printed Page 26161recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification.
The agency processes applications by a 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 the preliminary finding and, 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 that details the scope of recognition. These pages are available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
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 recognition to include the addition of four recognized testing and certification sites. The sites are 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 District, 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 test standards to the scope of recognition. OSHA staff performed a detailed analysis of the application and other pertinent information. OSHA staff also performed an on-site review of TUVRNA's testing facilities on August 7-8, 2017, at TUV Rheinland Shanghai, August 10-11, 2017, at TUV Rheinland Shenzhen, August 14-15, 2017, 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. OSHA staff recommended that OSHA should grant the applications for expansion to include these four sites and two test standards.
OSHA published the preliminary notice announcing TUVRNA's expansion application in the Federal Register on July 30, 2018 (83 FR 36625). The agency requested comments by August 14, 2018, 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.
To obtain or review copies of all public documents pertaining to 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-3655, Washington, DC 20210. Docket No. OSHA-2007-0042 contains all materials in the record concerning TUVRNA's recognition.
II. Final Decision and Order
OSHA staff examined TUVRNA's expansion application, conducted two detailed on-site assessments, and examined other pertinent information. Based on a review of this evidence, OSHA finds that TUVRNA meets the requirements of 29 CFR 1910.7 for expansion of recognition, subject to the limitation 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 four test sites at TUVRNA Shenzhen, China; Shanghai, China; Taipei, Taiwan; and Taichung, Taiwan 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.
Additionally, OSHA is proceeding with this final notice to expand TUVRNA's scope to include two additional test standards to the scope of recognition. OSHA 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.
Table 1—List of Appropriate Test Standards for Inclusion in TUVRNA's NRTL Scope of Recognition
|Test standard||Test standard title|
|NFPA 496||Purged and Pressurized Enclosures for Electrical Equipment.|
|UL 698A||Industrial and Classification of Mercantile and Bank Burglar-Alarm Systems.|
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, a 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, the use of the designation of the standards-developing organization for the standard as opposed to the ANSI designation may occur. 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.
In addition to those conditions already required by 29 CFR 1910.7, TUVRNA 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 scope of recognition of TUVRNA, subject to the limitation and conditions specified above.Start Printed Page 26162
III. Authority and Signature
Loren Sweatt, Acting 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.
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Signed at Washington, DC, on May 30, 2019.
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-11741 Filed 6-4-19; 8:45 am]
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