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• Publication Date: 02/24/2014
• Publication Type: Notices
• Fed Register #: 79: 10198-10199
• Standard Number: 1910.7
• Title: TUV Rheinland of North America, Inc.: Request for Renewal of Recognition

[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10198-10199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03868]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]


TUV Rheinland of North America, Inc.: Request for Renewal of 
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the TUV Rheinland of North 
America, Inc. (TUVRNA), application containing a request for renewal of 
recognition as a Nationally Recognized Testing Laboratory (NRTL) under 
29 CFR 1910.7.

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 March 11, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. 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.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. 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, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
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.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (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.
    5. Docket: To read or download submissions or other material in the 
docket, 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.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before March 11, 2014 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-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: David W. Johnson, 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, 200 Constitution 
Avenue NW., Room N-3655, Washington, DC 20210, phone (202) 693-2110, or 
email at johnson.david.w@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognition of an NRTL signifies that the organization meets 
the 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 approved by the NRTL 
to meet OSHA standards that require testing and certification. OSHA 
maintains an informational Web site for each NRTL that details its 
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    The Agency processes applications by an NRTL for renewal of 
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA 
conducts renewals in accordance with the procedures in 29 CFR 1910.7, 
App. II.C. In accordance with these procedures, NRTLs submit a renewal 
request to OSHA, not less than nine months, or no more than one year, 
before the expiration date of its current recognition. A renewal 
request includes a request for renewal and any additional information 
the NRTL wishes to submit to demonstrate its continued compliance with 
the terms of its recognition and 29 CFR 1910.7. If OSHA has not 
conducted an on-site assessment of the NRTL's headquarters and key 
sites within the past 18 to 24 months, it will schedule the necessary 
on-site assessments prior to the expiration date of the NRTL's 
recognition. Upon review of the submitted material and, as necessary, 
the successful completion of the on-site assessment, OSHA announces its 
preliminary decision to grant or deny renewal in the Federal Register 
and solicit comments from the public. OSHA then publishes a final 
Federal Register notice responding to any comments and renewing the 
NRTL's recognition for a period of five years, or denying the renewal 
of recognition.
    TUVRNA initially received OSHA recognition as an NRTL on August 16, 
1995 (60 FR 42594). TUVRNA's most recent renewal was on March 18, 2002, 
for a five-year period, expiring on March 19, 2007. TUVRNA submitted a 
timely request for renewal, dated June 12, 2006 (see Ex. OSHA-2007-
0042-0004), and retains its recognition pending OSHA's final decision 
in this renewal process. The current addresses of TUVRNA facilities 
recognized by OSHA and included as part of the renewal request are:

1. TUVRNA Newtown, 12 Commerce Road, Newtown, Connecticut 06470; and
2. TUVRNA Austin, 2324 Ridgepoint Drive, Suite E, Austin, Texas 78754.

II. Notice of Preliminary Findings

    OSHA is providing notice that TUVRNA is applying for renewal of its 
current recognition as an NRTL. This renewal covers TUVRNA's existing 
NRTL scope of recognition. OSHA evaluated TUVRNA's application for 
renewal and preliminarily determined that TUVRNA can continue to meet 
the requirements prescribed by 29 CFR 1910.7 for recognition. 
Accordingly, OSHA is making a determination that it does not need to 
conduct an on-site review of TUVRNA's facilities based on its 
evaluations of TUVRNA's application and all other available 
information. This information includes OSHA's most recent audit of 
TUVRNA's headquarters, TUVRNA Newtown, on July 25-26, 2013, in which 
the auditors found some non-conformances with the requirements of 29 
CFR 1910.7. TUVRNA addressed these issues
sufficiently to meet the applicable NRTL requirements.
    OSHA staff also performed an audit of the TUVRNA Austin site on 
August 23-25, 2010. The auditors found some non-conformances with the 
requirements of 29 CFR 1910.7. TUVRNA addressed these issues 
sufficiently to meet the applicable NRTL requirements. This preliminary 
finding does not constitute an interim or temporary approval of the 
application for renewal.
    OSHA welcomes public comment as to whether TUVRNA meets the 
requirements of 29 CFR 1910.7 for renewal 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 TUVRNA'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.
    OSHA 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 TUVRNA's application for 
renewal. 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.

III. 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 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 February 19, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-03868 Filed 2-21-14; 8:45 am]
BILLING CODE 4510-26-P



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