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• Publication Date: 07/24/2012
• Publication Type: Notice
• Fed Register #: 77: 43370-43371
• Standard Number: 1910.7
• Title: TUV Rheinland of North America, Inc.; Application for Expansion of Recognition

[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43370-43371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17995]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.; Application for Expansion
of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of TUV Rheinland of
North America, Inc., for expansion of its recognition as a Nationally
Recognized Testing Laboratory, and presents the Agency's preliminary
finding to grant this request. This preliminary finding does not
constitute an interim or temporary approval of this application.

DATES: Submit information or comments, or any request for extension of
the time to comment, by the following dates:
     Hard copy: Postmarked or sent by August 8, 2012.
     Electronic transmission or facsimile: Send by August 8,
2012.

ADDRESSES: You may submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    Regular or express mail, hand delivery, or messenger (courier)
service: Submit a copy of comments and any attachments to the OSHA
Docket Office, Docket No. OSHA-2007-0042, Technical Data Center, Room
N-2625, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202) 693-2350 (TDY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express delivery, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA-2007-0042). OSHA will place all
submissions, including any personal information provided, in the public
docket without revision, and these submissions will be available online
at http://www.regulations.gov.
    Docket: To read or download submissions or other material in the
docket (e.g., exhibits listed below), go to http://www.regulations.gov
or the OSHA Docket Office at the address above. All documents in the
docket 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 Web site. All submissions, including
copyrighted material, are available for inspection and copying 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 8, 2012 to the 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-3655, Washington, DC 20210,
or by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Kevin Robinson, Electrical Engineer,
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-3655, Washington, DC 20210,
or phone (202) 693-2110. Our Web page includes information about the
NRTL Program (see http://www.osha.gov and select "N" in the site
index).

SUPPLEMENTARY INFORMATION:

Notice of Expansion Application

    The Occupational Safety and Health Administration (OSHA) is
providing notice that TUV Rheinland of North America, Inc. (TUV),
applied for expansion of its current recognition as a Nationally
Recognized Testing Laboratory (NRTL). TUV's expansion request covers
the addition of a new site and the use of one additional test standard.
OSHA's current scope of recognition for TUV is available at
http://www.osha.gov/dts/otpca/nrtl/tuv.html.
    OSHA recognition of an NRTL signifies that the organization meets
the legal requirements specified by 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
approved by the NRTL to meet OSHA standards that require product
testing and certification.
    The Agency processes applications by an NRTL for initial
recognition, or 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
when 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. OSHA maintains an informational Web page
at http://www.osha.gov/dts/otpca/nrtl/index.html that details each
NRTL's scope of recognition. Each NRTL's scope of recognition has three
elements: (1) The type of products the NRTL may test, with each type
specified by its applicable test standard; (2) the recognized site(s)
that has/have the technical capability to perform the product testing
and certification activities for test standards within the NRTL's
scope; and (3) the supplemental program(s) that the NRTL may use, each
of which allows the NRTL to rely on other parties to perform activities
necessary for product testing and certification.
    The current address of the TUV facility (site) already recognized
by OSHA is: TUV Rheinland of North America, Inc., 12 Commerce Road,
Newtown, Connecticut 06470.

General Background on the Application

    TUV submitted an application, dated February 24, 2006 (Ex. 1: TUV
Application), to expand its recognition to include one additional
facility (site) located at 2324 Ridgepoint Drive, Suite E, Austin,
Texas 78754, and one additional test standard. In response to OSHA's
requests for clarification, TUV amended its application to provide
additional technical details, and then provided further details in a
later update (Ex. 2: TUV Amended Application dated 8/22/2007 and 2/10/
2009). The NRTL Program staff determined that this standard is an
"appropriate test standard" within the meaning of 29 CFR 1910.7(c).
In connection with this request, NRTL Program assessment staff
performed an on-site review of TUV's testing facility in August 2010,
and recommended expansion of TUV's recognition to include the one
additional facility listed above and the additional test standard
listed below (Ex. 2). As a result, the Agency preliminarily determined
that it should expand TUV's scope of recognition to include the one
additional facility and test standard.

Standard Requested for Recognition

    TUV seeks recognition for testing and certifying products to the
following test standard: \1\ UL 913: Intrinsically Safe Apparatus and
Associated Apparatus for Use in Class I, II, and III, Division 1,
Hazardous Locations.
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    \1\ The designation and title of this test standard was current
at the time OSHA prepared this notice.
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    OSHA limits recognition of any NRTL for a particular test standard
to equipment or materials (i.e., products) for which OSHA standards
require third-party testing and certification before use in the
workplace. Consequently, if a test standard also covers any product for
which OSHA does not require such testing and certification, an NRTL's
scope of recognition does not include that product.
    The American National Standards Institute (ANSI) may approve the
test standard listed above as an American National Standard. However,
for convenience, OSHA may use the designation of the standards-
developing organization for the standard instead of the ANSI
designation. Under the NRTL Program's policy (see OSHA Instruction CPL
1-0.3, Appendix C, paragraph XIV),\2\ any NRTL recognized for a
particular test standard may use either the proprietary version of the
test standard or the ANSI version of that standard. Contact ANSI to
determine whether a test standard is currently ANSI-approved.
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    \2\ Available on OSHA's Web page at http://www.osha.gov.
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Preliminary Finding on the Application

    TUV submitted an acceptable application for recognition as an NRTL.
OSHA's review of the application file, and the results of the on-site
review, indicate that TUV can meet the requirements prescribed by 29
CFR 1910.7 for recognition to use the test standard and facility listed
above. This preliminary finding does not constitute an interim or
temporary approval of the application. TUV corrected the discrepancies
noted by OSHA during the on-site review, and the on-site review report
describes these corrections (Ex. 3: TUV On-site Report).
    OSHA welcomes public comment as to whether TUV meets the
requirements of 29 CFR 1910.7 for expansion of their recognition as an
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. OSHA must receive the
written request for an extension by the due date for comments. OSHA
will limit any extension to 30 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the publicly
available information in TUV's application and other pertinent
documents (including exhibits), as well as all submitted comments,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2007-0042.
    The NRTL Program staff will review all comments to the docket
submitted in a timely manner, and, after addressing the issues raised
by these comments, will recommend whether to grant TUV's application
for expansion. The Assistant Secretary will make the final decision on
granting the application and, in making this decision, 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 Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, 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 Section
8(g)(2) of the Occupational Safety and Health Act of 1970 (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 18, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-17995 Filed 7-23-12; 8:45 am]
BILLING CODE 4510-26-P

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