Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 51373 

1Properly certified means, in part, that the 

product is labeled or marked with the NRTL’s 

‘‘registered’’ certification mark (i.e., the mark the 

NRTL uses for its NRTL work) and that the product 

certification falls within the scope of recognition of 

the NRTL. 

Program 9: Acceptance of services 

other than testing or evaluation 

performed by subcontractors or agents. 

OSHA developed these supplemental 

programs to limit how an NRTL may 

perform certain aspects of its work and 

to permit the activities covered under a 

program only when the NRTL meets 

certain criteria. In this sense, they are 

special conditions that the Agency 

places on an NRTL’s recognition. OSHA 

does not consider these programs in 

determining whether an NRTL meets 

the requirements for recognition under 

29 CFR 1910.7. However, these 

programs help to define the scope of 

that recognition. 

Conditions 

NSF must also abide by the following 

conditions of the recognition, in 

addition to those already required by 29 

CFR 1910.7: 

OSHA must be allowed access to 

NSF’s facility and records for purposes 

of ascertaining continuing compliance 

with the terms of its recognition and to 

investigate as OSHA deems necessary; 

If NSF has reason to doubt the 

efficacy of any test standard it is using 

under this program, it must promptly 

inform the test standard developing 

organization of this fact and provide 

that organization with appropriate 

relevant information upon which its 

concerns are based; 

NSF must not engage in or permit 

others to engage in any 

misrepresentation of the scope or 

conditions of its recognition. As part of 

this condition, NSF agrees that it will 

allow no representation that it is either 

a recognized or an accredited Nationally 

Recognized Testing Laboratory (NRTL) 

without clearly indicating the specific 

equipment or material to which this 

recognition is tied, or that its 

recognition is limited to certain 

products; 

NSF must inform OSHA as soon as 

possible, in writing, of any change of 

ownership, facilities, or key personnel, 

and of any major changes in its 

operations as an NRTL, including 

details; 

NSF will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

NSF will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC this 15th day of 

August, 2005. 

Jonathan L. Snare, 

Deputy Assistant Secretary. 

[FR Doc. 05–17182 Filed 8–29–05; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. NRTL2–2001] 

TUV America, Inc., Expansion of 

Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Occupational Safety and Health 

Administration’s final decision 

expanding the recognition of TUV 

America, Inc., as a Nationally 

Recognized Testing Laboratory under 29 

CFR 1910.7. 

DATES: The expansion of recognition 

becomes effective on August 30, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Office of Technical Programs and 

Coordination Activities, NRTL Program, 

Occupational Safety and Health 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N3653, Washington, DC 20210, or 

phone (202) 693–2110. 

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 

notice of the expansion of recognition of 

TUV America, Inc., (TUVAM) as a 

Nationally Recognized Testing 

Laboratory (NRTL). This expansion 

covers the use of additional test 

standards. OSHA’s current scope of 

recognition for TUVAM may be found 

in the following informational Web 

page: http://www.osha-slc.gov/dts/ 

otpca/nrtl/tuvam.html. 

OSHA recognition of an NRTL 

signifies that the organization has met 

the legal requirements in Section 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, employers may use 

products ‘‘properly certified’’ 1 by the 

NRTL to meet OSHA standards that 

require testing and certification. 

The Agency processes applications by 

an 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 its preliminary 

finding and, in the second notice, the 

Agency provides its final decision on 

the application. These notices set forth 

the NRTL’s scope of recognition or 

modifications of that 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. 

TUVAM submitted an application, 

dated August 1, 2003 (see Exhibits 7 and 

7–1), to expand its recognition to 

include 45 additional test standards. 

The NRTL Program staff determined 

that one of these standards is not an 

‘‘appropriate test standard’’ within the 

meaning of 29 CFR 1910.7(c). The staff 

makes this determination in processing 

the expansion request of any NRTL. 

Therefore, OSHA is approving 44 test 

standards for the expansion. Following 

review of the application, OSHA 

requested certain additional information 

from TUVAM and deferred action on 

the application pending receipt of this 

information. The NRTL adequately 

responded to that request prior to 

publication of the preliminary notice, 

permitting OSHA to resume processing 

of the application. The preliminary 

notice announcing the expansion 

application was published in the 

Federal Register on May 18, 2005 (70 

FR 28581). Comments were requested 

by June 2, but no comments were 

received in response to this notice. 

You may obtain or review copies of 

all public documents pertaining to the 

TUVAM application by contacting the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N2625, Washington, DC, 

20210. Docket No. NRTL2–2001 

contains all materials in the record 

concerning TUVAM’s application. 

The current addresses of the TUVAM 

facilities already recognized by OSHA 

are: TUV Product Services (TUVAM), 5 

Cherry Hill Drive, Danvers, 

Massachusetts 01923; TUV Product 

Services (TUVAM), 10040 Mesa Rim 

Road, San Diego, California 92121; and 

TUV Product Services (TUVAM), 1775 

Old Highway 8 NW., Suite 104, New 

Brighton (Minneapolis), Minnesota 

55112. 

51374 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 

Final Decision and Order 

NRTL Program staff has examined the 

application, the assessor’s report, and 

other pertinent information. Based upon 

this examination and the assessor’s 

recommendation, OSHA finds that 

TUVAM has met the requirements of 29 

CFR 1910.7 for expansion of its 

recognition, subject to the limitation 

and conditions listed below. Pursuant to 

the authority in 29 CFR 1910.7, OSHA 

hereby expands the recognition of 

TUVAM, subject to the following 

limitation and conditions. 

Limitation 

OSHA limits the expansion of 

TUVAM’s recognition to testing and 

certification of products for 

demonstration of conformance to the 

test standards listed below. OSHA has 

determined that each of these standards 

meets the requirements for an 

appropriate test standard, within the 

meaning of 29 CFR 1910.7(c). 

UL 22 Amusement and Gaming 

Machines 

UL 197 Commercial Electric Cooking 

Appliances 

UL 250 Household Refrigerators and 

Freezers 

UL 291 Automated Teller Systems 

UL 427 Refrigerating Units 

UL 467 Electrical Grounding and 

Bonding Equipment 

UL 471 Commercial Refrigerators and 

Freezers 

UL 499 Electric Heating Appliances 

UL 507 Electric Fans 

UL 508a Industrial Control Panels 

UL 508c Power Conversion Equipment 

UL 541 Refrigerated Vending 

Machines 

UL 551 Transformer-type Arc-welding 

Machines 

UL 763 Motor-Operated Commercial 

Food Preparing Machines 

UL 873 Temperature-Indicating and 

-Regulating Equipment 

UL 923 Microwave Cooking 

Appliances 

UL 963 Sealing, Wrapping, and 

Marking Machines 

UL 982 Motor-operated Household 

Food Preparing Machines 

UL 998 Humidifiers 

UL 1004 Electric Motors 

UL 1005 Electric Flatirons 

UL 1017 Vacuum Cleaners, Blower 

Cleaners, and Household Floor 

Finishing Machines 

UL 1026 Electric Household Cooking 

and Food Serving Appliances 

UL 1082 Household Electric Coffee 

Makers and Brewing-Type 

Appliances 

UL 1083 Household Electric Skillets 

and Frying-Type Appliances 

UL 1090 Electric Snow Movers 

UL 1236 Battery Chargers for Charging 

Engine-Starter Batteries 

UL 1278 Movable and Wall-or CeilingHung Electric Room Heaters 

UL 1310 Class 2 Power Units 

UL 1448 Electric Hedge Trimmers 

UL 1450 Motor-Operated Air 

Compressors, Vacuum Pumps and 

Painting Equipment 

UL 1492 Audio-Video Products and 

Accessories 

UL 1585 Class 2 and Class 3 

Transformers 

UL 1647 Motor-Operated Massage and 

Exercise Machines 

UL 1662 Electric Chain Saws 

UL 1740 Industrial Robots and Robotic 

Equipment 

UL 1995 Heating and Cooling 

Equipment 

UL 2200 Stationary Engine Generator 

Assemblies 

UL 60335–1 Safety of Household and 

Similar Electrical Appliances, Part 

1: General Requirements 

UL 60335–2–8 Household and Similar 

Electrical 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 61010A–2–010 Electrical 

Equipment for Laboratory Use; Part 

2: Particular Requirements for 

Laboratory Equipment for the 

Heating of Materials 

UL 61010A–2–041 Electrical 

Equipment for Laboratory Use; Part 

2: Particular Requirements for 

Autoclaves Using Steam for the 

Treatment of Medical Materials for 

Laboratory Processes 

UL 61010A–2–051 Electrical 

Equipment for Laboratory Use; Part 

2: Particular Requirements for 

Laboratory Equipment for Mixing 

and Stirring 

OSHA’s recognition of TUVAM, 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) falling within the scope of a 

test standard for which OSHA has no 

NRTL testing and certification 

requirements. 

Many UL test standards 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 

for the standard as opposed to the ANSI 

designation. 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. You may contact ANSI to find 

out whether or not a test standard is 

currently ANSI-approved. 

Conditions 

TUVAM must also abide by the 

following conditions of the recognition, 

in addition to those already required by 

29 CFR 1910.7: 

OSHA must be allowed access to 

TUVAM’s facility and records for 

purposes of ascertaining continuing 

compliance with the terms of its 

recognition and to investigate as OSHA 

deems necessary; 

If TUVAM has reason to doubt the 

efficacy of any test standard it is using 

under this program, it must promptly 

inform the test standard developing 

organization of this fact and provide 

that organization with appropriate 

relevant information upon which its 

concerns are based; 

TUVAM must not engage in or permit 

others to engage in any 

misrepresentation of the scope or 

conditions of its recognition. As part of 

this condition, TUVAM agrees that it 

will allow no representation that it is 

either a recognized or an accredited 

Nationally Recognized Testing 

Laboratory (NRTL) without clearly 

indicating the specific equipment or 

material to which this recognition is 

tied, or that its recognition is limited to 

certain products; 

TUVAM must inform OSHA as soon 

as possible, in writing, of any change of 

ownership, facilities, or key personnel, 

and of any major changes in its 

operations as an NRTL, including 

details; 

TUVAM will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

TUVAM will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC this 15th day of 

August, 2005. 

Jonathan L. Snare, 

Deputy Assistant Secretary. 

[FR Doc. 05–17183 Filed 8–29–05; 8:45 am] 

BILLING CODE 4510–26–P