[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15384]
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.
SUMMARY: In this notice, OSHA announces the application of TUV SUD
America, Inc., for expansion of the scope of 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 August 5, 2019.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0043,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2007-0043). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at https://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
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. 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.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 5, 2019 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-3653, Washington, DC 20210, or by fax to (202) 693-
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, telephone: (202) 693-1999;
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, phone:
(202) 693-2110 or email: firstname.lastname@example.org.
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
current recognition as a NRTL. TUVAM requests the addition of one
recognized testing and certification site to its NRTL scope of
OSHA recognition of a 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 the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
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.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
The agency processes applications by a 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 the preliminary finding. In the second notice,
the agency provides the 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 website at http://www.osha.gov/dts/otpca/nrtl/index.html.
TUVAM currently has six facilities (sites) recognized by OSHA for
product testing and certification, with headquarters located at: TUV
SUD America, Inc., 10 Technology Drive, Peabody, Massachusetts 01960. A
complete list of TUVAM 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 June 29, 2018 (OSHA-2007-
0043-0027) to expand recognition to include the addition of one
recognized testing and certification site located at: TUV SUD
Certification and Testing (China) Co. Ltd. Shanghai Branch 3-13, No.
151 Heng Tong Road, Shanghai 200070, P.R. China. OSHA staff performed
an on-site review of TUVAM's testing facilities on April 19-20, 2018 at
TUV SUD Shanghai in which the assessors found some nonconformances with
the requirements of 29 CFR 1910.7. TUVAM addressed these
nonconformances satisfactorily, and OSHA has made a preliminary
decision to approve 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 files and
detailed on-site assessments indicate that TUVAM can meet the
requirements prescribed by 29 CFR 1910.7 for expanding recognition to
include the addition of one recognized testing and certification site.
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 a
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 by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time 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, Occupational Safety
and Health Administration, U.S. Department of Labor, listed in
ADDRESSES. These materials also are available online at https://www.regulations.gov under Docket No. OSHA-2007-0043.
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary for
Occupational Safety and Health on 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
IV. Authority and Signature
Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, 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 July 5, 2019.
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-15384 Filed 7-18-19; 8:45 am]
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