• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    79:30181-30183
  • Standard Number:
  • Title:
    TÜV SÜD Product Services GmbH: Application for Expansion of Recognition
[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)][Notices]
[Pages 30181-30183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12138]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2005-0022]


TÜV SÜD Product Services GmbH: Application for 
Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of TÜV 
SÜD Product Services GmbH (TUVPSG) for expansion of its 
recognition as a Nationally Recognized Testing Laboratory (NRTL) and 
presents the Agency's preliminary finding to grant the application.

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 June 11, 2014.

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 comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2005-0022, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY 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-2005-0022). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    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 
submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before June 11, 2014 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-
1644.

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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: Meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. 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: johnson.david.w@dol.gov.

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that TUVPSG is applying for expansion of its current recognition 
as an NRTL. TUVPSG requests the addition of one recognized testing and 
certification site to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in Title 29, Code of Federal Regulations, 
Section 1910.7 (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. 
Recognition enables employers to use products approved by the NRTL to 
meet OSHA standards that require product testing and certification.
    The Agency processes applications by an 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 its preliminary finding. 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. OSHA maintains an informational Web page for each NRTL, 
including TUVPSG, which details the NRTL's scope of recognition. These 
pages are available from the OSHA Web site at 
http://www.osha.gov/dts/otpca/nrtl/index.html.
    Each NRTL's scope of recognition has three elements: (1) The type 
of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that has/have the 
technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope; 
and (3) the supplemental program(s) that the NRTL may use. Each of 
these elements allows the NRTL to rely on other parties to perform 
activities necessary for product testing and certification.
    TUVPSG currently has one facility (site) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
TÜV SÜD Product Services GmbH, Ridlerstrasse 65, Munich, 
Germany D-80339. A complete list of TUVPSG sites recognized by OSHA is 
available at http://www.osha.gov/dts/otpca/nrtl/tuvpsg.html.

II. General Background on the Application

    TUVPSG submitted an application, dated March 27, 2013 (Exhibit 1), 
to expand its recognition to include the addition of one recognized 
testing and certification site located at: TÜV SÜD Product 
Services GmbH, Daimlerstrasse 11, Garching, Germany D-85748. OSHA staff 
performed a detailed analysis of the application and other pertinent 
information. OSHA staff also performed an on-site review of TUVPSG's 
testing facilities on April 26, 2013, in which the assessors found some 
nonconformances with the requirements of 29 CFR 1910.7. TUVPSG 
addressed these issues sufficiently, and OSHA staff preliminarily 
determined that OSHA should grant the application.

III. Preliminary Finding on the Application

    TUVPSG submitted an acceptable application for expansion of its 
scope of recognition. OSHA's review of the application file and its 
detailed on-site assessment indicate that TUVPSG can meet the 
requirements prescribed by 29 CFR 1910.7 for expanding its recognition 
to include the addition of the one site detailed above for NRTL testing 
and certification. This preliminary finding does not constitute an 
interim or temporary approval of TUVPSG's application.
    OSHA welcomes public comment as to whether TUVPSG meets the 
requirements of 29 CFR 1910.7 for expansion of its 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. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 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 TUVPSG's application, including pertinent 
documents (e.g., exhibits) and 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-2005-0022.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these comments, 
will recommend to the Assistant Secretary for Occupational Safety and 
Health whether to grant TUVPSG's application for expansion of its scope 
of recognition. The Assistant Secretary will make the final decision on 
granting the application. In making this decision, the Assistant 
Secretary 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.

IV. 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 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 May 21, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-12138 Filed 5-23-14; 8:45 am]
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