• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    82:13143-13144
  • Standard Number:
  • Title:
    TUV SUD America Inc.: Application for Expansion of Recognition
  [Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
  [Notices]
  [Pages 13143-13144]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-04690]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2007-0043]


  TUV SUD America Inc.: 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 TUV SUD
  America Inc. 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 March 24, 2017.

  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-2007-0043, Technical Data Center, U.S.
  Department of Labor, 200 Constitution Avenue NW., Room N-3508,
  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 mail, hand
  delivery, or messenger service. The hours of operation for the OSHA
  Docket Office are 10:00 a.m.-3:00 p.m., e.t.
      4. Instructions: All submissions must include the Agency name and
  the OSHA docket number (OSHA-2007-0043). 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 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 March 24, 2017 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. Kevin Robinson,
  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: robinson.kevin@dol.gov.

  SUPPLEMENTARY INFORMATION:

  I. Notice of the Application for Expansion

      The Occupational Safety and Health Administration is providing
  notice that TUV SUD America Inc. (TUVAM) is applying for expansion of
  its current recognition as an NRTL. TUVAM requests the addition of two
  recognized testing and certification sites to its scope of NRTL
  recognition.
      OSHA recognition of an NRTL signifies that the organization meets
  the requirements specified in 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 TUVAM, 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 includes: (1) The type of products
  the NRTL may test, with each type specified by its applicable test
  standard; and (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.
      TUVAM currently has four facilities (sites) recognized by OSHA for
  product testing and certification, with its headquarters located at:
  TUV SUD America, Inc., 10 Technology Drive, Peabody, MA 01960. A
  complete list of TUVAM's scope of recognition (including sites)
  recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html.

  II. General Background on the Application

      TUVAM submitted an application, dated May 19, 2015 (OSHA-2007-0043-
  0020), to expand its recognition to include the addition of two
  recognized testing and certification sites located at: TUV SUD,
  Ridlerstrasse 65, D-80339, Munich, Germany; and TUV SUD, Daimlerstrasse
  11, D-85748, Garching, Germany. OSHA staff also performed an on-site
  review of TUVAM's testing facilities at TUV SUD Munich on June 6, 2016,
  and at TUV SUD Garching on June 7, 2016, in which the assessors

  found some nonconformances with the requirements of 29 CFR 1910.7.
  TUVAM addressed these issues sufficiently, and OSHA staff preliminarily
  determined that OSHA should grant the application.

  III. Preliminary Finding on the Application

      TUVAM submitted an acceptable application for expansion of its
  scope of recognition. OSHA's review of the application file and its
  detailed on-site assessments indicate that TUVAM can meet the
  requirements prescribed by 29 CFR 1910.7 for expanding its recognition
  to include the addition of two sites for NRTL testing and
  certification. This preliminary finding does not constitute an interim
  or temporary approval of TUVAM's application.
      OSHA welcomes public comment as to whether TUVAM 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 exhibits
  identified in this notice, as well as comments submitted to the docket,
  contact the Docket Office, Room N-3508, 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.
      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 TUVAM'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.

  Authority and Signature

      Dorothy Dougherty, Deputy 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 February 28, 2017.
  Dorothy Dougherty,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-04690 Filed 3-8-17; 8:45 am]
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