[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]
DEPARTMENT OF LABOR
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.
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;
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: email@example.com. OSHA's Web page includes
information about the NRTL Program
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.
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
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.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-24584 Filed 10-15-14; 8:45 am]
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