• Publication Date:
  • Publication Type:
  • Fed Register #:
  • Standard Number:
  • Title:
    TUV SUD America, Inc.: Application for Expansion of Recognition
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Pages 55478-55480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17429]



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.


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; 
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, phone: 
(202) 693-2300 or email: robinson.kevin@dol.gov.


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.
                                 Zhiheng Wisdomeland
                                 Business Park Nantou
                                 Checkpoint Road 2,
                                 518052, Shenzhen,
                                 Guangdong Province.
Gormley.......................  11 Gordon Collins       Canada.
                                 Drive, Gormley,
                                 Ontario, L0H 1G0.
Fareham.......................  Octagon House,          United Kingdom.
                                 Concorde Way,
                                 Segensworth North,
                                 Fareham, Hampshire,
                                 PO15 5RL, United
Seoul.........................  10, Gukjegumyung-ro,    Korea.
                                 Seoul, Republic of
Tampa.........................  5610 West Sligh         United States.
                                 Avenue, Suite 100,
                                 Tampa, Florida.
Tokyo.........................  Sumitmo Fudosan, Nishi- Japan.
                                 shinjuku Bldg. No 4
                                 8F 4-33-4, Nishi-
                                 Shinjuku, Sjinjuku-
                                 ku, Tokyo, 160-0023

Taipei........................  7F, No 37, Section 2,   Taiwan.
                                 Zhongyang, South
                                 Road, Beitou
                                 District, 11270
                                 Taipei City, Taiwan.
Singapore.....................  No. 15 International    Singapore.
                                 Business Park.
                                Singapore 609937......
Guangzhou.....................  5F/8F (East),           China.
                                 Building, 163 Pingyun
                                 Road, Huangpu Avenue
                                 West, Guangzhou,
                                 510656, Guangdong

    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 
titled ADDRESSES).
    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 
Federal Register.

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]