[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17339-17340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06411]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


TUV SUD America, Inc.: Grant of Expansion of Recognition and 
Modification to the NRTL Program's List of Appropriate Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for TUV SUD America, Inc. as a Nationally 
Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the 
final decision to add two test standards to the NRTL Program's list of 
appropriate test standards.

DATES: The expansion of the scope of recognition becomes effective on 
March 28, 2022.

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: <a href="/cdn-cgi/l/email-protection#4f222a26232621282a3d61293d2e212c263c7d0f2b202361282039"><span class="__cf_email__" data-cfemail="026f676b6e6b6c6567702c6470636c616b713042666d6e2c656d74">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#ec9e838e85829f8382c287899a8582ac888380c28b839a"><span class="__cf_email__" data-cfemail="deacb1bcb7b0adb1b0f0b5bba8b7b09ebab1b2f0b9b1a8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of TUV SUD America, Inc. (TUVAM) as a NRTL. TUVAM's 
expansion covers the addition of eight test standards to the NRTL scope 
of recognition, two of which OSHA will add to the NRTL Program's List 
of Appropriate Test Standards.
    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 recognition, employers may use products 
properly approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    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 a 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 http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated May 26, 2021, to expand their 
recognition as a NRTL to include eight additional test standards (OSHA-
2007-0043-0038). OSHA staff performed a detailed analysis of the 
application packet and reviewed other pertinent information. OSHA did 
not perform any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing TUVAM's expansion 
application in the Federal Register on February 18, 2022 (87 FR 9387). 
The agency requested comments by March 7, 2022, but it received no 
comments in response to this notice. OSHA is now proceeding with this 
final notice to grant expansion of TUVAM's scope of recognition and 
modification to the NRTL Program's List of Appropriate Test Standards.
    To obtain or review copies of all public documents pertaining to 
TUVAM's application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor. Docket No. OSHA-2007-0043 contains all materials 
in the record concerning TUVAM's recognition. Please note: Due to the 
COVID-19 pandemic, the Docket Office is closed to the public at this 
time but can be contacted at (202) 693-2350 (TTY (877) 889-5627).

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability 
to meet the requirements of the test standards, and 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 listed in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
TUVAM's scope of recognition. OSHA limits the expansion of TUVAM's 
recognition to testing and certification of products for demonstration 
of conformance to the test standards listed below in Table 1.

[[Page 17340]]



  Table 1--List of Appropriate Test Standards for Inclusion in TUVAM's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 698A.........................  Industrial Control Panels Related to
                                   Hazardous (Classified) Locations.
UL 1004-9.......................  Standard for Form Wound and Medium
                                   Voltage Rotating Electrical Machines.
UL 60947-1......................  Low-voltage Switchgear and
                                   Controlgear--Part 1: General Rules.
UL 60947-4-1....................  Standard for Low-voltage Switchgear
                                   and Controlgear--Part 4-1: Contactors
                                   and Motor-Starters--Electromechanical
                                   Contactors and Motor-Starters.
* UL 60947-4-2..................  Low-voltage Switchgear and
                                   Controlgear--Part 4-2: Contactors and
                                   Motor-Starters--Electromechanical
                                   Contactors and Motor-Starters.
UL 60947-5-1....................  Low-voltage Switchgear and
                                   Controlgear--Part 5-1: Control
                                   Circuit Devices and Switching
                                   Elements--Electromechanical Control
                                   Circuit Devices.
UL 60947-5-2....................  Low-voltage Switchgear and Control
                                   Gear--Part 5-2: Control Circuit
                                   Devices and Switching Elements--
                                   Proximity Switches.
* UL 60947-5-5..................  Standard for Low-voltage Switchgear
                                   and Controlgear--Part 5-5: Control
                                   Circuit Switches and Switching
                                   Elements--Electrical Emergency Stop
                                   Device with Mechanical Latching
                                   Function.
------------------------------------------------------------------------
* Represents the standards that OSHA is adding to the NRTL Program's
  List of Appropriate Test Standards.

    In this notice, OSHA also announces the final decision to add two 
new test standards to the NRTL Program's List of Appropriate Test 
Standards. Table 2 below lists the standards that are new to the NRTL 
Program. OSHA has determined that these test standards are appropriate 
test standards and will add them to the NRTL Program's List of 
Appropriate Test Standards.

     Table 2--Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 60947-4-2....................  Low-voltage Switchgear and
                                   Controlgear--Part 4-2: Contactors and
                                   Motor-Starters--Electromechanical
                                   Contactors and Motor-Starters.
UL 60947-5-5....................  Standard for Low-voltage Switchgear
                                   and Controlgear--Part 5-5: Control
                                   Circuit Switches and Switching
                                   Elements--Electrical Emergency Stop
                                   Device with Mechanical Latching
                                   Function.
------------------------------------------------------------------------

    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 01-00-
004, Chapter 2, Section VIII), only standards determined to be 
appropriate test standards may be approved for NRTL recognition. 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.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVAM must abide by the following conditions of the 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, subject to the limitations and 
conditions specified above. OSHA also adds two standards to the NRTL 
Program's List of Appropriate Test Standards.

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, September 18, 2020) 
and 29 CFR 1910.7.

    Signed at Washington, DC, on March 22, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-06411 Filed 3-25-22; 8:45 am]
BILLING CODE 4510-26-P


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