[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17429]
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 30, 2023.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at: http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
OSHA will place comments, including personal information, in the
public docket, which will be available online. Therefore, OSHA cautions
interested parties about submitting personal information such as Social
Security numbers and birthdates.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. 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, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket
(including this Federal Register notice) 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
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 30, 2023 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.
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) 693-2300 or email: email@example.com.
I. Notice of the Application for Expansion
OSHA is providing notice that TUV SUD America, Inc. (TUVAM), is
applying for an expansion of current recognition as a NRTL. TUVAM
requests the addition of nine test sites 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, as well as for an expansion or renewal of 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 that 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 7 facilities (sites) recognized by OSHA for
product testing and certification, with the headquarters located at:
TUV SUD America, Inc., 401 Edgewater Place, Suite #500, Wakefield,
Massachusetts 01880. A complete list of TUVAM's scope of recognition is
available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/tuvam.
II. General Background on the Application
TUVAM submitted an application, dated January 24, 2021 (OSHA-2007-
0043-0045), requesting the conversion of ten existing Satellite
Notification Acceptance Program (SNAP) sites to recognized sites under
the NRTL Policy for Transitioning to Satellite Notification and
Acceptance Program Termination (SNAP Transition Policy) published in
the Federal Register on November 24, 2020 (85 FR 75042), as amended by
a June 22, 2022 Memorandum from James S. Frederick, Deputy Assistant
Secretary for Occupational Safety and Health, to Regional
Administrators and Executive Staff, titled ``Second Revision to the
Nationally Recognized Testing Laboratory (NRTL) Policy for
Transitioning to Satellite Notification and Acceptance Program (SNAP)
Termination.'' TUVAM amended their application on December 10, 2021
(OSHA-2007-0043-0046), to remove one site from the original request,
leaving nine sites to be considered in the expansion request.
Table 1 below, lists the nine sites that TUVAM's application
requested for inclusion in the NRTL's expanded scope of recognition:
Table 1--List of Test Sites To Be Included in TUVAM's NRTL Scope of
TUVAM site name Address Country
Shenzhen...................... Building 6, 12 & 13, China.
Business Park Nantou
Checkpoint Road 2,
Gormley....................... 11 Gordon Collins Canada.
Ontario, L0H 1G0.
Fareham....................... Octagon House, United Kingdom.
PO15 5RL, United
Seoul......................... 10, Gukjegumyung-ro, Korea.
Seoul, Republic of
Tampa......................... 5610 West Sligh United States.
Avenue, Suite 100,
Tokyo......................... Sumitmo Fudosan, Nishi- Japan.
shinjuku Bldg. No 4
8F 4-33-4, Nishi-
ku, Tokyo, 160-0023
Taipei........................ 7F, No 37, Section 2, Taiwan.
Taipei City, Taiwan.
Singapore..................... No. 15 International Singapore.
Guangzhou..................... 5F/8F (East), China.
Building, 163 Pingyun
Road, Huangpu Avenue
OSHA has preliminarily determined that it is appropriate to review
this application under the SNAP Transition Policy. TUVAM's application
was timely submitted under that policy, and OSHA preliminarily finds
that the SNAP sites in TUVAM's application met all other preconditions
of eligibility for conversion to recognized sites under the policy (See
SNAP Transition Policy, part III 1.a-g, 85 FR at 75047). OSHA also
preliminarily decided that it was not necessary to conduct on-site
reviews in connection with TUVAM's expansion application, based on
historical assessment records and supporting documentation submitted by
TUVAM. Moreover, OSHA staff performed assessments of several TUVAM
facilities included in the SNAP conversion application from June 2020
to November 2022, and, while assessors found some nonconformances with
the requirements of 29 CFR 1910.7, TUVAM addressed these issues
sufficiently. OSHA staff has preliminarily determined that OSHA should
grant the application and grant recognition to the nine sites requested
in 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
pertinent documentation indicates that TUVAM can meet the requirements
prescribed by 29 CFR 1910.7 for expanding its recognition to include
the addition of the nine additional test sites for NRTL testing and
certification. This preliminary finding does not constitute an interim
or temporary approval of TUVAM's application.
OSHA seeks public comment on this preliminary determination.
IV. Public Participation
OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of 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 review copies of the exhibit 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. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0043 (for further
information, see the ``Docket'' heading in the section of this notice
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 of Labor
for Occupational Safety and Health on whether to grant TUVAM's
application for expansion of the 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 the final decision in the
IV. Authority and Signature
James S. Frederick, 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. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.
Signed at Washington, DC, on August 9, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-17429 Filed 8-14-23; 8:45 am]
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