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TUV Rheinland of North America, Inc.; Application for Expansion of Recognition   [7/24/2012]
[PDF]
Federal Register, Volume 77 Issue 142 (Tuesday, July 24, 2012)
[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]



[[Page 43370]]

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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

[[Page 43371]]

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]
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