TUV SUD America, Inc.: Application for Expansion of Recognition

Published date19 July 2019
Citation84 FR 34952
Record Number2019-15384
SectionNotices
CourtOccupational Safety And Health Administration
Federal Register, Volume 84 Issue 139 (Friday, July 19, 2019)
[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
                [Notices]
                [Pages 34952-34953]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-15384]
                [[Page 34952]]
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                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.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: In this notice, OSHA announces the application of TUV SUD
                America, Inc., for expansion of the scope of 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 August 5, 2019.
                ADDRESSES: Submit comments by any of the following methods:
                 Electronically: You may submit comments and attachments
                electronically at: https://www.regulations.gov, which is the Federal
                eRulemaking Portal. Follow the instructions online for submitting
                comments.
                 Facsimile: If your comments, including attachments, are not longer
                than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
                1648.
                 Mail, hand delivery, express mail, messenger, or courier service:
                When using this method, you must submit a copy of your comments and
                attachments to the OSHA Docket Office, Docket No. OSHA-2007-0043,
                Occupational Safety and Health Administration, U.S. Department of
                Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
                Deliveries (hand, express mail, messenger, and courier service) are
                accepted during the Docket Office's normal business hours, 10:00 a.m.
                to 3:00 p.m., ET.
                 Instructions: All submissions must include the agency name and OSHA
                docket number (OSHA-2007-0043). All comments, including any personal
                information you provide, are placed in the public docket without
                change, and may be made available online at https://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.
                 Docket: To read or download comments or other material in the
                docket, go to https://www.regulations.gov or the OSHA Docket Office at
                the above address. All documents in the docket (including this Federal
                Register notice) are listed in the https://www.regulations.gov index;
                however, some information (e.g., copyrighted material) is not publicly
                available to read or download through the website. 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.
                 Extension of comment period: Submit requests for an extension of
                the comment period on or before August 5, 2019 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-3653, Washington, DC 20210, or by fax to (202) 693-
                1644.
                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, telephone: (202) 693-1999;
                email: [email protected].
                 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, phone:
                (202) 693-2110 or email: [email protected].
                SUPPLEMENTARY INFORMATION:
                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
                current recognition as a NRTL. TUVAM requests the addition of one
                recognized testing and certification site to its NRTL scope of
                recognition.
                 OSHA recognition of a 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 the
                scope of recognition. Each NRTL's scope of recognition includes (1) the
                type of products the NRTL may test, with each type specified by the
                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.
                Recognition is not a delegation or grant of government authority;
                however, recognition enables employers to use products approved by the
                NRTL to meet OSHA standards that require product testing and
                certification.
                 The agency processes applications by a 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 the preliminary finding. In the second notice,
                the agency provides the 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 website at http://www.osha.gov/dts/otpca/nrtl/index.html.
                 TUVAM currently has six facilities (sites) recognized by OSHA for
                product testing and certification, with headquarters located at: TUV
                SUD America, Inc., 10 Technology Drive, Peabody, Massachusetts 01960. A
                complete list of TUVAM 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 June 29, 2018 (OSHA-2007-
                0043-0027) to expand recognition to include the addition of one
                recognized testing and certification site located at: TUV SUD
                Certification and Testing (China) Co. Ltd. Shanghai Branch 3-13, No.
                151 Heng Tong Road, Shanghai 200070, P.R. China. OSHA staff performed
                an on-site review of TUVAM's testing facilities on April 19-20, 2018 at
                TUV SUD Shanghai in which the assessors found some nonconformances with
                the requirements of 29 CFR 1910.7. TUVAM addressed these
                nonconformances satisfactorily, and OSHA has made a preliminary
                decision to approve the application.
                [[Page 34953]]
                III. Preliminary Finding on the Application
                 TUVAM submitted an acceptable application for expansion of its
                scope of recognition. OSHA's review of the application files and
                detailed on-site assessments indicate that TUVAM can meet the
                requirements prescribed by 29 CFR 1910.7 for expanding recognition to
                include the addition of one recognized testing and certification site.
                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 a
                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 by the due date for
                comments. OSHA will limit any extension to 10 days unless the requester
                justifies a longer time 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, Occupational Safety
                and Health Administration, U.S. Department of Labor, listed in
                ADDRESSES. These materials also are available online at https://www.regulations.gov under Docket No. OSHA-2007-0043.
                 OSHA staff will review all comments to the docket submitted in a
                timely manner. After addressing the issues raised by these comments,
                staff will make a recommendation to the Assistant Secretary for
                Occupational Safety and Health on 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
                Federal Register.
                IV. Authority and Signature
                 Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
                Safety and Health, 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 July 5, 2019.
                Loren Sweatt,
                Acting Assistant Secretary of Labor for Occupational Safety and Health.
                [FR Doc. 2019-15384 Filed 7-18-19; 8:45 am]
                 BILLING CODE 4510-26-P
                

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