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||TUV SUD America Inc.: Application for Expansion of Recognition
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04690]
DEPARTMENT OF LABOR
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.
SUMMARY: In this notice, OSHA announces the application of TUV SUD
America Inc. for expansion of its 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 March 24, 2017.
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
3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-3508,
Washington, DC 20210; telephone: (202) 693-2350 (TTY 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 mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-3:00 p.m., e.t.
4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2007-0043). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
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 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 24, 2017 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-
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, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
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, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email: email@example.com.
I. Notice of the Application for Expansion
The Occupational Safety and Health Administration is providing
notice that TUV SUD America Inc. (TUVAM) is applying for expansion of
its current recognition as an NRTL. TUVAM requests the addition of two
recognized testing and certification sites to its scope of NRTL
OSHA recognition of an 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 its
scope of recognition, and is not a delegation or grant of government
authority. Recognition enables employers to use products approved by
the NRTL to meet OSHA standards that require product testing and
The Agency processes applications by an NRTL for initial
recognition and 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 in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. 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 for each NRTL,
including TUVAM, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
Each NRTL's scope of recognition includes: (1) The type of products
the NRTL may test, with each type specified by its 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.
TUVAM currently has four facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
TUV SUD America, Inc., 10 Technology Drive, Peabody, MA 01960. A
complete list of TUVAM's scope of recognition (including sites)
recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html.
II. General Background on the Application
TUVAM submitted an application, dated May 19, 2015 (OSHA-2007-0043-
0020), to expand its recognition to include the addition of two
recognized testing and certification sites located at: TUV SUD,
Ridlerstrasse 65, D-80339, Munich, Germany; and TUV SUD, Daimlerstrasse
11, D-85748, Garching, Germany. OSHA staff also performed an on-site
review of TUVAM's testing facilities at TUV SUD Munich on June 6, 2016,
and at TUV SUD Garching on June 7, 2016, in which the assessors
found some nonconformances with the requirements of 29 CFR 1910.7.
TUVAM addressed these issues sufficiently, and OSHA staff preliminarily
determined that OSHA should grant 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 its
detailed on-site assessments indicate that TUVAM can meet the
requirements prescribed by 29 CFR 1910.7 for expanding its recognition
to include the addition of two sites for NRTL testing and
certification. This preliminary finding does not constitute an interim
or temporary approval of TUVAM's application.
OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of its 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. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 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 exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-3508, 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-2007-0043.
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 to the Assistant Secretary for Occupational
Safety and Health whether to grant TUVAM's application for expansion of
its 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 this final decision in the
Authority and Signature
Dorothy Dougherty, 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. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on February 28, 2017.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-04690 Filed 3-8-17; 8:45 am]
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