[Federal Register: May 18, 2005 (Volume 70, Number 95)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL1-2001]
TUV Product Services GmbH, Application for Expansion of
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the application of TUV Product Services
GmbH (TUVPSG) for expansion of its recognition to use additional test
standards, and presents the Agency's preliminary finding. This
preliminary finding does not constitute an interim or temporary
approval of this application.
DATES: You must submit information or comments, or any request for
extension of the time to comment, by the following dates:
Hard copy: Your information or comments must be submitted
(postmarked or sent) by June 2, 2005.
Electronic transmission or facsimile: Your comments must
be sent by June 2, 2005.
ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL1-2001--by any of the following
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: http://ecomments.osha.gov. Follow the
instructions for submitting comments on OSHA's Web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery and courier
service: Submit three copies to the OSHA Docket Office, Docket No.
NRTL1-2001, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's
TTY number is (877) 889-5627). OSHA Docket Office hours of operation
are 8:15 a.m. to 4:45 p.m., e.s.t.
Instructions: All comments received will be posted without change
to http://dockets.osha.gov, including any personal information
provided. OSHA cautions you about submitting personal information such
as social security numbers and birth dates.
Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA
Docket Office for information about materials not available through the
OSHA Web page and for assistance in using the Web page to locate docket
Extension of Comment Period: Submit requests for extensions
concerning this notice to: Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3653, 200 Constitution
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical
Programs and Coordination Activities, NRTL Program, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room N3653, Washington, DC 20210, or phone (202) 693-2110.
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that TUV Product Services GmbH (TUVPSG) has applied for
expansion of its current recognition as a Nationally Recognized Testing
Laboratory (NRTL). TUVPSG's expansion request covers the use of
additional test standards. OSHA's current scope of recognition for
TUVPSG may be found in the following informational Web page:
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (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 certified'' 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. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
The most recent notice published by OSHA for TUVPSG's recognition
covered an expansion of recognition, which became effective on April
22, 2003 (68 FR 19856).
The current address of the TUVPSG facility already recognized by
OSHA is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, Munich,
General Background on the Application
TUVPSG has submitted an application, dated September 18, 2003 (see
Exhibit 10) to expand its recognition to include 5 additional test
standards. The NRTL Program staff has determined that each of these
standards is an ``appropriate test standard'' within the meaning of 29
CFR 1910.7(c). Therefore, OSHA would approve these five test standards
for the expansion. Following review of the application, OSHA requested
certain additional information from TUVPSG and deferred action on the
application pending receipt of this information. The NRTL adequately
responded recently to that request, permitting OSHA to resume
processing of the application.
TUVPSG seeks recognition for testing and certification of products
for demonstration of conformance to the following five test standards:
UL 201 Garage Equipment
UL 325 Door, Drapery, Gate, Louver and Window Operator and Systems
UL 696 Electric Toys
UL 697 Toy Transformers
UL 1029 High-Intensity-Discharge Lamp Ballasts
OSHA's recognition of TUVPSG, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third party testing and certification
before use in the workplace. Consequently, any NRTL's scope of
recognition excludes any product(s) that fall within the scope of a
test standard, but for which OSHA standards do not require NRTL testing
A few of the UL test standards listed above also are approved as
American National Standards by the American National Standards
Institute (ANSI). However, for convenience, we use the designation of
the standards developing organization for the standard as opposed to
the ANSI designation. Under our procedures, any NRTL recognized for an
ANSI-approved test standard may use either the latest proprietary
version of the test standard or the latest ANSI version of that
standard. You may contact ANSI to find out whether or not a test
standard is currently ANSI-approved.
Preliminary Finding on the Application
TUVPSG has submitted an acceptable request for expansion of its
recognition as an NRTL. In connection with this request, OSHA evaluated
the NRTL's capability for the standards during an on-site review of
TUVPSG's NRTL facilities, and the assessor has recommended the
expansion for the additional standards (see Exhibit 11). Our review of
the application file, the assessor's recommendation, and other
pertinent documents indicate that TUVPSG can meet the requirements, as
prescribed by 29 CFR 1910.7, for the expansion for the additional test
standards listed above. This preliminary finding does not constitute an
interim or temporary approval of the application.
OSHA welcomes public comments, in sufficient detail, as to whether
TUVPSG has met the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits.
Should you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. We may deny a request
for extension if it is not adequately justified. You may obtain or
review copies of TUVPSG's requests, the on-site review report, and all
submitted comments, as received, by contacting the Docket Office, Room
N2625, Occupational Safety and Health Administration, U.S. Department
of Labor, at the above address. Docket No. NRTL1-2001 contains all
materials in the record concerning TUVPSG's application.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant TUVPSG's expansion request. The Agency will make the final
decision on granting the expansion and, in making this decision, may
undertake other proceedings that are prescribed in Appendix A to 29 CFR
Section 1910.7. OSHA will publish a public notice of this final decision
in the Federal Register.
Signed in Washington, DC this 9th day of May, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05-9869 Filed 5-17-05; 8:45 am]
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