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• Publication Date: 12/13/2005
• Publication Type: Notice
• Fed Register #: 70:73798-73799
• Standard Number: 1910.7
• Title: TUV Product Services GmbH, Expansion of Recognition

[Federal Register: December 13, 2005 (Volume 70, Number 238)]
[Notices]               
[Page 73798-73799]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de05-78]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-2001]

 
TUV Product Services GmbH, Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision expanding the recognition of TUV 
Product Services GmbH (TUVPSG) as a Nationally Recognized Testing 
Laboratory under 29 CFR 1910.7.

DATES: The expansion of recognition becomes effective on December 13, 
2005.

FOR FURTHER INFORMATION CONTACT: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-3653, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of TUV Product Services 
GmbH (TUVPSG) as a Nationally Recognized Testing Laboratory (NRTL). 
TUVPSG's expansion covers the use of additional test standards. OSHA's 
current scope of recognition for TUVPSG may be found in the following 
informational Web page: http://www.osha.gov/dts/otpca/nrtl/tuvpsg.html.

    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'' \1\ by 
the NRTL to meet OSHA standards that require testing and certification.
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    \1\ Properly certified means, in part, that the product is 
labeled or marked with the NRTL's ``registered'' certification mark 
(i.e., the mark the NRTL uses for its NRTL work) and that the 
product certification falls within the scope of recognition of the 
NRTL.
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    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.

    TUVPSG submitted an application, dated September 18, 2003 (see 
Exhibit 10) to expand its recognition to include 5 additional test 
standards. The NRTL Program staff determined that each of these 
standards is an ``appropriate test standard'' within the meaning of 29 
CFR 1910.7(c). Therefore, OSHA is approving 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 to that request prior to publication of the preliminary 
notice, permitting OSHA to resume processing of the application. In 
connection with this request, OSHA evaluated the NRTL's capability for 
the additional test standards during an on-site review of TUVPSG's NRTL 
facility, and the assessor recommended the expansion for the additional 
standards (see Exhibit 11). The preliminary notice announcing the 
expansion application was published in the Federal Register on May 18, 
2005 (70 FR 28583). Comments were requested by June 2, but no comments 
were received in response to this notice.
    The previous notices published by OSHA for TUVPSG's recognition 
covered an expansion of recognition, which became effective on April 
22, 2003 (68 FR 19856).
    You may obtain or review copies of all public documents pertaining 
to the TUVPSG application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-2625, Washington, DC, 20210. Docket 
No. NRTL1-2001 contains all materials in the record concerning TUVPSG's 
recognition.
    The current address of the TUVPSG facility already recognized by 
OSHA is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, Munich, 
Germany.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's 
report, and other pertinent information. Based upon this examination 
and the assessor's recommendation, OSHA finds that TUVPSG has met the 
requirements of 29 CFR 1910.7 for expansion of its recognition, subject 
to the limitation and conditions listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of 
TUVPSG, subject to the following limitation and conditions.

Limitation

    OSHA limits the expansion of TUVPSG's recognition to testing and 
certification of products for demonstration of conformance to the test 
standards listed below. OSHA has determined that the standards meet the 
requirements for an appropriate test standard, within the meaning of 29 
CFR 1910.7(c).

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

    The designation and title of the above test standards were current 
at the time of the preparation of the notice of the preliminary 
finding.
    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, an NRTL's scope of 
recognition excludes any product(s) falling within the scope of a test 
standard for which OSHA has no NRTL testing and certification 
requirements.
    Many UL test standards 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.

Conditions

    TUVPSG must also abide by the following conditions of the 
recognition, in addition to those already required by 29 CFR 1910.7:
    OSHA must be allowed access to TUVPSG's facilities and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If TUVPSG has reason to doubt the efficacy of any test standard it 
is using under this program, it must promptly inform the test standard 
developing organization of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    TUVPSG must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, TUVPSG agrees that it will allow no 
representation that it is either a recognized or an accredited 
Nationally Recognized Testing Laboratory (NRTL) without clearly 
indicating the specific equipment or material to which this recognition 
is tied, or that its recognition is limited to certain products;
    TUVPSG must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details;
    TUVPSG will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    TUVPSG will continue to meet the requirements for recognition in 
all areas where it has been recognized.

    Signed at Washington, DC this 28th day of November, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
 [FR Doc. E5-7261 Filed 12-12-05; 8:45 am]

BILLING CODE 4510-26-P

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