2650 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices 

1. UL 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 a NRTL, and provide 

details of the change(s); 

2. UL must meet all the terms of its 

recognition and comply with all OSHA 

policies pertaining to this recognition; 

and 

3. UL must continue to meet the 

requirements for recognition, including 

all previously published conditions on 

UL’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 UL as a NRTL, subject 

to the limitations and conditions 

specified above. 

III. Authority and Signature 

James S. Frederick, 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. 8–2020 

(85 FR 58393, Sept. 18, 2020), and 29 

CFR 1910.7. 

Signed at Washington, DC. 

James S. Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2024–00623 Filed 1–12–24; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0043] 

TUV SUD America, Inc.: Grant of 

Expansion of Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: In this notice, OSHA 

announces the final decision to expand 

the scope of recognition for TUV SUD 

America, Inc. (TUVAM) as a Nationally 

Recognized Testing Laboratory (NRTL). 

DATES: The expansion of the scope of 

recognition becomes effective on 

January 16, 2024. 

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: meilinger.francis2@dol.gov. 

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; telephone: (202) 693–1911; 

email: robinson.kevin@dol.gov. 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 

for TUV SUD America Inc. (TUVAM). 

TUVAM’s expansion covers the 

addition of two test standards and one 

recognized testing site 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 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 its applicable test standard; and (2) 

the recognized site(s) that has/have the 

technical capability to perform the 

product-testing and productcertification 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 an application 

by a NRTL for initial recognition and for 

an expansion or renewal of this 

recognition, following requirements in 

Appendix A, 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 TUVAM, which 

details the NRTL’s scope of recognition. 

These pages are available from the 

OSHA website at: https://

www.osha.gov/nationally-recognizedtesting-laboratory-program. 

TUVAM submitted two applications 

to OSHA for expansion of the NRTL 

scope of recognition. The first 

application, dated June 8, 2020 (OSHA– 

2007–0043–0051), requested the 

expansion of the NRTL scope of 

recognition to include one additional 

test site located at: Daimlerstr, 40 

Frankfurt am Main, Hessen 60314 

Germany. The second application, dated 

July 12, 2021 (OSHA–2007–0043–0052), 

requested the expansion of the NRTL 

scope of recognition to include two 

additional test standards that were 

removed from another NRTL expansion 

application (see OSHA–2007–0043– 

0042). In that application, TUVAM 

originally requested the addition of five 

standards to its scope of recognition on 

July 12, 2021. That application was 

amended to remove two standards, and 

the final Federal Register notice 

announcing the expansion of the NRTL 

scope of recognition to include the other 

three standards was published on June 

29, 2022 (see 87 FR 38784). This notice 

covers the remaining two standards 

from the July 12, 2021, expansion 

application and the requested testing 

site. OSHA staff performed an on-site 

review of TUVAM’s testing facilities at 

TUVAM Frankfurt on June 14–15, 2023, 

in which assessors found some 

nonconformances with the requirements 

of 29 CFR 1910.7. TUVAM has 

addressed these issues sufficiently, and 

OSHA staff preliminarily determined 

that OSHA should grant the 

applications. 

OSHA published the preliminary 

notice announcing TUVAM’s expansion 

applications in the Federal Register on 

November 22, 2023 (88 FR 81436). The 

agency requested comments by 

December 7, 2023, but it received no 

comments in response to this notice. 

OSHA now is proceeding with this final 

notice to grant expansion of TUVAM’s 

NRTL scope of recognition. 

To review copies of all public 

documents pertaining to TUVAM’s 

applications, go to http://

www.regulations.gov or contact the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor at (202) 693–2350. Docket No. 

OSHA–2007–0043 contains all materials 

in the record concerning TUVAM’s 

recognition. All submissions, including 

copyrighted material, are available for 

inspection through the OSHA Docket 

Office. Contact the OSHA Docket Office 

at (202) 693–2350 for assistance in 

locating docket submissions. 

II. Final Decision and Order 

OSHA staff examined TUVAM’s 

expansion applications, conducted a 

detailed on-site assessment, and 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices 2651 

examined other pertinent information. 

Based on its review of this evidence, 

OSHA finds that TUVAM meets the 

requirements of 29 CFR 1910.7 for 

expansion of its recognition, subject to 

the limitations and conditions. OSHA, 

therefore, is proceeding with this final 

notice to grant TUVAM’s expanded 

scope of recognition. OSHA limits the 

expansion of TUVAM’s recognition to 

include the site at Frankfurt, Germany 

listed above and the testing and 

certification of products for 

demonstration of conformance to the 

test standards shown below in Table 1. 

TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVAM’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title 

UL 61010–2–040 ............................ Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–040: 

Particular Requirements for Sterilizers and Washer-Disinfectors Used to Treat Medical Materials. 

UL 61010–2–091 ............................ Standard for Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory 

Use—Part 2–091: Particular Requirements for Cabinet X-Ray Systems. 

OSHA’s recognition of the site limits 

TUVAM 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 TUVAM’s scope of 

recognition. OSHA’s recognition of any 

NRTL for a particular test standard is 

limited to equipment or materials for 

which OSHA standards require thirdparty 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. 

A. Conditions 

Recognition is contingent on 

continued compliance with 29 CFR 

1910.7, including but not limited to, 

abiding by the following conditions of 

recognition: 

1. TUVAM 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 a NRTL, and provide 

details of the change(s); 

2. TUVAM must meet all the terms of 

its recognition and comply with all 

OSHA policies pertaining to this 

recognition; and 

3. TUVAM must continue to meet the 

requirements for recognition, including 

all previously published conditions on 

TUVAM’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 TUVAM as a NRTL, 

subject to the limitations and conditions 

specified above. 

III. Authority and Signature 

James S. Frederick, Deputy 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. 

8–2020 (85 FR 58393; Sept. 18, 2020), 

and 29 CFR 1910.7. 

Signed at Washington, DC. 

James S. Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2024–00621 Filed 1–12–24; 8:45 am] 

BILLING CODE 4510–26–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 23–CRB–0017–AU (RFC Media)] 

Notice of Intent To Audit 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Public notice. 

SUMMARY: The Copyright Royalty Judges 

announce receipt from SoundExchange, 

Inc., of a notice of intent to audit the 

2020, 2021, and 2022 statements of 

account submitted by commercial 

webcaster and business establishment 

service RFC Media concerning royalty 

payments it made pursuant to two 

statutory licenses. 

ADDRESSES: Docket: For access to the 

dockets to read background documents, 

go to eCRB at https://app.crb.gov and 

perform a case search for docket 23– 

CRB–0017–AU (RFC Media). 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: The 

Copyright Act grants to sound 

recordings copyright owners the 

exclusive right to publicly perform 

sound recordings by means of certain 

digital audio transmissions, subject to 

limitations. Specifically, the right is 

limited by the statutory license in 

section 114, which allows nonexempt 

noninteractive digital subscription 

services, eligible nonsubscription 

services, and preexisting satellite digital 

audio radio services to perform publicly 

sound recordings by means of digital 

audio transmissions. 17 U.S.C. 114(f). In 

addition, a statutory license in section 

112 allows a service to make necessary 

ephemeral reproductions to facilitate 

digital transmission of the sound 

recording. 17 U.S.C. 112(e). 

Licensees may operate under these 

licenses provided they pay the royalty 

fees and comply with the terms set by 

the Copyright Royalty Judges. The rates 

and terms for the section 112 and 114 

licenses are codified in 37 CFR parts 

380 and 382–84. 

As one of the terms for these licenses, 

the Judges designated SoundExchange, 

Inc., (SoundExchange) as the Collective, 

i.e., the organization charged with 

collecting the royalty payments and 

statements of account submitted by 

licensees, including those that operate 

commercial and noncommercial 

webcaster services, preexisting satellite 

digital audio radio services, new 

subscription services, and those that 

make ephemeral copies for transmission 

to business establishments. The 

Collective is also charged with 

distributing the royalties to the 

copyright owners and performers 

entitled to receive them under the 

section 112 and 114 licenses. See 37 

CFR 380.4(d)(1), 382.5(d)(1), 383.4(a), 

384.4(b)(1). 

As the Collective, SoundExchange 

may, only once a year, conduct an audit 

of a licensee for any or all of the prior 

three calendar years to verify royalty 

payments. SoundExchange must first 

file with the Judges a notice of intent to 

audit a licensee and deliver the notice 

to the licensee. See 37 CFR 380.6(b), 

382.7(b), 383.4(a) and 384.6(b). 

On December 22, 2023, 

SoundExchange filed with the Judges a 

notice of intent to audit the statements 

of account submitted by commercial 

webcaster and business establishment 

service RFC Media for the years 2020, 

2021, and 2022. The Judges must 

publish notice in the Federal Register 

within 30 days of receipt of a notice 


ddrumheller on DSK120RN23PROD with NOTICES1