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    TUV SUD Product Services GmbH: Grant of Expansion of Recognition
[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)][Notices][Pages 62205-62207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24584]



Occupational Safety and Health Administration

[Docket No. OSHA-2005-0022]

T[Uuml]V S[Uuml]D Product Services GmbH: Grant of Expansion of 

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

ACTION: Notice.


SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for T[Uuml]V S[Uuml]D Product Services GmbH, 
as a Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
October 16, 2014.

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. Kevin Robinson, 
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; telephone: (202) 693-
2110; email: robinson.kevin@dol.gov. OSHA's Web page includes 
information about the NRTL Program 
(see http://www.osha.gov/dts/otpca/nrtl/index.html).


I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of T[Uuml]V S[Uuml]D Product Services GmbH (TUVPSG), as an 
NRTL. TUVPSG's expansion covers 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 by 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.
    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. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages are 
available from the Agency's Web site at 
    TUVPSG submitted an application, dated February 5, 2013 (OSHA-2005-
0022-0007), to expand its recognition to include the addition of one 
recognized testing and certification site located at: TUVPSG Garching, 
Daimlerstrasse 11, D-85748 Garching, Germany. OSHA staff performed a 
detailed analysis of the application and other pertinent information. 
OSHA staff also performed an on-site review of TUVPSG's Garching 
testing and certification facility on April 26, 2013, and recommended 
expansion of TUVPSG's recognition to include this one site.
    OSHA published the preliminary notice announcing TUVPSG's expansion 
application in the Federal Register on May 27, 2014 (79 FR 30181). The 
Agency requested comments by June 11, 2014. OSHA received three 
comments regarding TUVPSG's request to expand its scope of recognition 
(OSHA-2005-0022-0008, OSHA-2005-0022-0009, and OSHA-2005-0022-0010).
    The first anonymous comment (OSHA-2005-0022-0008) asked whether the 
decision to expand TUVPSG's scope was good for a local trade union of 
construction workers. However, the comment offers no information about 
the issue on which OSHA sought comment--TUVPSG's request to expand its 
recognition, and OSHA does not consider it further.
    The remaining comments from the National Electrical Manufacturers 
Association (NEMA) and the Information Technology Industry Council 
(ITI) (OSHA-2005-0022-0009 and OSHA-2005-0022-0010, respectively) 
assert that German law requires German conformity assessment bodies, 
authorized as GS Bodies, to reside within Germany, and that this 
requirement does not provide "equal treatment" as outlined in OSHA's 
NRTL regulations and policies.
    OSHA's NRTL regulations (29 CFR 1910.7--Appendix A I.A.1.b) require 
OSHA to consider, prior to granting initial recognition of 
organizations located outside of the United States, "the policy of the 
foreign government regarding both the acceptance in that country of 
testing data, equipment acceptances, and listings, and labeling, which 
are provided through nationally recognized testing laboratories.., and 
the accessibility to government recognition or a similar system in that 
country by U.S.-based safety-related testing agencies." OSHA conducted 
a review of Germany's policies toward U.S.-based testing and 
certification organizations in 2001, when TUVPSG was initially 
recognized by OSHA as an NRTL. At that time, U.S.-based organizations 
were treated no less favorably than other testing and certification 
organizations seeking accreditation in Germany. OSHA regulations 
require a review of foreign government practices for initial 
recognition, and not for renewal or expansion applications, as 
requested by TUVPSG. As this is an application for expansion, there is 
no basis in OSHA regulations to reconsider how German law treats U.S.-
based testing and certification organizations. However, the information 
provided by NEMA and ITI raises questions with respect to the provision 
of equal treatment of foreign conformity assessment bodies. As such, 
OSHA has requested the Office of the U.S. Trade Representative (USTR) 
to review this matter.
    To obtain or review copies of all public documents pertaining to 
TUVPSG's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2005-0022 contains all materials in the record 
concerning TUVPSG's recognition.

II. Final Decision and Order

    OSHA staff examined TUVPSG's expansion application, conducted a 
detailed on-site assessment, and examined other pertinent information. 
Based on its review of this evidence, OSHA finds that TUVPSG meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition, subject 
to the limitation and conditions listed below. OSHA, therefore, is 
proceeding with this final notice to grant TUVPSG's scope of 
recognition. OSHA limits the expansion of TUVPSG's recognition to 
include the site at TUVPSG Garching (Garching, Germany), as listed 
above. OSHA's recognition of this site limits TUVPSG to performing 
product testing and certifications only to the test standards for which 
the site has the proper capability and programs, and for the test 
standards in TUVPSG's scope of recognition. This limitation is 
consistent with the recognition that OSHA grants to other NRTLs that 
operate multiple sites.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVPSG must abide by the following conditions of the recognition:
    1. TUVPSG 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 an NRTL, and provide details of the 
    2. TUVPSG must meet all the terms of its recognition and comply 
with all OSHA policies pertaining to this recognition; and
    3. TUVPSG must continue to meet the requirements for recognition, 
including all previously published conditions on TUVPSG'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 
recognition of TUVPSG, subject to the limitation and conditions 
specified above.

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 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 10, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-24584 Filed 10-15-14; 8:45 am]