U.S. Code of Federal Regulations
Regulations most recently checked for updates: Dec 14, 2025
(a) A TCB must review for compliance with the Commission's requirements an application that includes all the information specified in this part to determine whether to grant equipment certification in accordance with § 2.911.
(1) The certification system must be based on type testing as identified in ISO/IEC 17065 (incorporated by reference, see § 2.910).
(2) Certification determinations must typically be based on testing of no more than one unmodified representative sample of each product type for which certification is sought. A TCB may request additional samples when clearly warranted, such as when certain tests are likely to render a sample inoperative.
(b) A TCB must not outsource review and certification decision activities.
(c) Evaluation may be performed using internal TCB resources or external (outsourced) resources.
(1) Evaluation is the selection of applicable requirements and the determination that those requirements are met.
(2) Bodies that meet the applicable requirements of ISO/IEC 17025 may perform the evaluation of a product in accordance with the applicable provisions of ISO/IEC 17065 for external resources (outsourcing) and other relevant standards.
(3) The TCB remains responsible for any evaluation function provided by external resources, including the testing of equipment subject to certification, and the TCB must maintain appropriate oversight of the external resources used to ensure reliability of the evaluation. Such oversight must include periodic audits of products that have been tested and other activities as required in ISO/IEC 17065.
(d) A TCB must:
(1) Certify equipment in accordance with the Commission's rules in this chapter and policies.
(2) Accept test data from any Commission-recognized accredited test laboratory, subject to the requirements in ISO/IEC 17065, and must not unnecessarily repeat tests.
(3) Only act on applications that it has received or for which it has issued a grant of certification.
(4) Dismiss an application that is not in accordance with the provisions of this subpart or when the applicant requests dismissal. A TCB may dismiss an application if the applicant does not submit additional information or test samples requested by the TCB.
(5) Follow the procedures in § 2.964 for equipment on the pre-approval guidance list.
(6) Supply an electronic copy of each certification application and all necessary exhibits to the Commission prior to grant or dismissal of the application. Where appropriate, the application must be accompanied by a request for confidentiality of any material that may qualify for confidential treatment under the Commission's rules in this chapter.
(7) Grant or dismiss each certification application through the Commission's electronic filing system.
(8) Participate in any consultative activities, identified by the Commission or NIST, to facilitate a common understanding and interpretation of applicable regulations.
(e) A TCB may establish and assess fees for processing certification applications and other Commission-required tasks.
(f) Within 30 days of the date of grant of certification, the Commission or TCB issuing the grant may set aside a grant of certification that does not comply with the applicable requirements or upon the request of the applicant. A TCB must notify the applicant and the Commission when a grant is set aside. After 30 days, the Commission may revoke a grant of certification through the procedures in § 2.939.
(g) A TCB must not:
(1) Grant a waiver of the rules in this chapter;
(2) Take enforcement actions; or
(3) Authorize a transfer of control of a grantee.
(h) All TCB actions are subject to Commission review.
(i) In accordance with ISO/IEC 17065 a TCB must perform appropriate post-market surveillance activities. These activities must be based on type testing a certain number of samples of the total number of product types that the TCB has certified.
(1) The Chief of the Office of Engineering and Technology (OET) has delegated authority under § 0.241(g) of this chapter to develop procedures that TCBs will use for performing post-market surveillance. OET will publish a document on TCB post-market surveillance requirements that provides specific information such as the number and types of samples that a TCB must test.
(2) OET may request that a grantee of equipment certification submit a sample for evaluation directly to OET, to the TCB that performed the original certification, or to an entity designated by OET. Any equipment samples requested by the Commission and properly tested by a TCB may be counted toward the minimum number of samples that the TCB must test.
(3) TCBs may request samples of equipment that they have certified directly from the grantee of certification in accordance with § 2.945.
(4) If during post market surveillance of a certified product, a TCB determines that a product fails to comply with the technical regulations for that product, the TCB must immediately notify the grantee and the Commission in writing of its findings. The grantee must provide a report to the TCB describing the actions taken to correct the situation, and the TCB must provide a report of these actions to the Commission within 30 days.
(5) TCBs must submit periodic reports to OET of their post-market surveillance activities and findings in the format and by the date specified by OET.
