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    T[Uuml]V S[Uuml]D America, Inc.: Request for Renewal of Recognition
[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)][Notices][Pages 66072-66074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26284]



Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

T[Uuml]V S[Uuml]D America, Inc.: Request for Renewal of 

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

ACTION: Notice.


SUMMARY: This notice announces T[Uuml]V S[Uuml]D America, Inc.'s 
application containing a request for renewal of recognition as a 
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before November 19, 2013.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit a copy of comments and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TDY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express delivery, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2007-0043). OSHA will place all 
submissions, including any personal information provided, in the public docket 
without revision, and these submissions will be available online at 
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the 
http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before November 19, 2013 to the 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, or by fax to (202) 693-

FOR FURTHER INFORMATION CONTACT: David W. Johnson, 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, phone (202) 693-2110, or 
email at johnson.david.w@dol.gov.


I. Background

    OSHA recognition of an NRTL signifies that the organization meets 
the requirements in Sec.  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 approved by the NRTL 
to meet OSHA standards that require testing and certification. OSHA 
maintains an informational Web site for each NRTL that details its 
scope of recognition. These pages are available on our Web site at 
    The Agency processes applications by an NRTL for renewal of 
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA 
conducts renewals in accordance with the procedures in 29 CFR 1910.7, 
App. II.C. In accordance with these procedures, NRTLs would submit a 
renewal request to OSHA, not less than nine months, or no more than one 
year, before the expiration date of its current recognition. A renewal 
request would include a request for renewal and any additional 
information the NRTL wishes to submit to demonstrate its continued 
compliance with the terms of its recognition and 29 CFR 1910.7. If OSHA 
has not conducted an on-site assessment of the NRTL headquarters and 
any key sites within the past 18 months, it will schedule the necessary 
on-site assessments prior to the expiration date of the NRTL's 
recognition. Upon review of the submitted material and, as necessary, 
the successful completion of the on-site assessment, OSHA announces its 
preliminary decision to grant or deny renewal in the Federal Register 
and solicit comments from the public. OSHA then publishes a final 
Federal Register notice responding to any comments and renewing the 
NRTL's recognition for a period of five years, or denying the renewal 
of recognition.
    T[Uuml]V S[Uuml]D America, Inc. (TUVAM) initially received OSHA 
recognition as a NRTL on January 25, 2002 (65 FR 26637), for a five-
year period ending on January 25, 2007. TUVAM submitted a timely 
request for renewal, dated March 7, 2006 (see Exhibit 1), and retained 
its recognition pending OSHA's final decision in this renewal process. 
The current addresses of TUVAM facilities recognized by OSHA and 
included as part of the renewal request are:
    1. T[Uuml]V S[Uuml]D America, Inc. (TUVAM), 10 Technology Drive, 
Peabody, Massachusetts 01960;
    2. T[Uuml]V S[Uuml]D America, Inc., 10040 Mesa Rim Road, San Diego, 
California 92121; and
    3. T[Uuml]V S[Uuml]D America, Inc., 1775 Old Highway 8 NW., Suite 
104, New Brighton, Minnesota 55112.

II. Notice of Preliminary Findings

    OSHA is providing notice that TUVAM is applying for renewal of its 
current recognition as a NRTL. This renewal covers TUVAM's existing 
NRTL scope of recognition. TUVAM submitted an acceptable application 
for renewal of its recognition as an NRTL on March 7, 2006. OSHA 
evaluated TUVAM's application for renewal and preliminarily determined 
that TUVAM can continue to meet the requirements prescribed by 29 CFR 
1910.7 for recognition. Accordingly, OSHA is making a determination 
that it does not need to conduct an on-site review of TUVAM's 
facilities based on its evaluations of TUVAM's application and all 
other available information, including its most recent audit of TUVAM's 
facilities conducted on August 17, 2012 (Peabody, MA), and April 27, 
2012 (San Diego, CA), in which the auditors found TUVAM to be in 
conformance with all applicable NRTL requirements. This preliminary 
finding does not constitute an interim or temporary approval of the 
    OSHA welcomes public comment as to whether TUVAM meets the 
requirements of 29 CFR 1910.7 for renewal of their recognition as an 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. OSHA must receive the 
written request for an extension by the due date for comments. OSHA 
will limit any extension to 30 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if it is not 
adequately justified. To obtain or review copies of the publicly 
available information in TUVAM's application and other pertinent 
documents (including exhibits), as well as all submitted comments, 
contact the Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address; these 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0043.
    The NRTL Program staff will review all comments to the docket 
submitted in a timely manner and, after addressing the issues raised by 
these comments, will recommend whether to grant TUVAM's application for 
renewal. The Assistant Secretary will make the final decision on 
granting the application and, in making this decision, may undertake 
other proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will 
publish a public notice of this final decision in the Federal Register.

III. Authority and Signature

    David Michaels, Ph.D., MPH, 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 Section 
8(g)(2) of the Occupational Safety and Health Act of 1970 (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.

    Signed at Washington, DC, on October 29, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-26284 Filed 11-1-13; 8:45 am]