[Federal Register: May 18, 2005 (Volume 70, Number 95)]
[Notices]               
[Page 28583-28585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my05-113]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-2001]

 
TUV Product Services GmbH, 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 Product Services 
GmbH (TUVPSG) for expansion of its recognition to use additional test 
standards, and presents the Agency's preliminary finding. This 
preliminary finding does not constitute an interim or temporary 
approval of this application.

DATES: You must submit information or comments, or any request for 
extension of the time to comment, by the following dates:
     Hard copy: Your information or comments must be submitted 
(postmarked or sent) by June 2, 2005.
     Electronic transmission or facsimile: Your comments must 
be sent by June 2, 2005.

ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL1-2001--by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the 

instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you 
may fax them to the OSHA Docket Office at (202) 693-1648.
     Regular mail, express delivery, hand delivery and courier 
service: Submit three copies to the OSHA Docket Office, Docket No. 
NRTL1-2001, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's 
TTY number is (877) 889-5627). OSHA Docket Office hours of operation 
are 8:15 a.m. to 4:45 p.m., e.s.t.
    Instructions: All comments received will be posted without change 
to http://dockets.osha.gov, including any personal information 
provided. OSHA cautions you about submitting personal information such 
as social security numbers and birth dates.
    Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA 
Docket Office for information about materials not available through the 
OSHA Web page and for assistance in using the Web page to locate docket 
submissions.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room N3653, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that TUV Product Services GmbH (TUVPSG) has applied for 
expansion of its current recognition as a Nationally Recognized Testing 
Laboratory (NRTL). TUVPSG's expansion request covers the use of 
additional test standards. OSHA's current scope of recognition for 
TUVPSG may be found in the following informational Web page: 
http://www.osha-slc.gov/dts/otpca/nrtl/tuvpsg.html.

    OSHA recognition of an NRTL signifies that the organization has met 
the legal 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 certified'' by the 
NRTL to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition or for 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 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. We maintain an informational Web page for 
each NRTL, which details its scope of recognition. These pages can be 
accessed from our Web site at http://www.osha-slc.gov/dts/otpca/nrtl/index.html.

    The most recent notice published by OSHA for TUVPSG's recognition 
covered an expansion of recognition, which became effective on April 
22, 2003 (68 FR 19856).
    The current address of the TUVPSG facility already recognized by 
OSHA is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, Munich, 
Germany.

General Background on the Application

    TUVPSG has submitted an application, dated September 18, 2003 (see 
Exhibit 10) to expand its recognition to include 5 additional test 
standards. The NRTL Program staff has determined that each of these 
standards is an ``appropriate test standard'' within the meaning of 29 
CFR 1910.7(c). Therefore, OSHA would approve these five test standards 
for the expansion. Following review of the application, OSHA requested 
certain additional information from TUVPSG and deferred action on the 
application pending receipt of this information. The NRTL adequately 
responded recently to that request, permitting OSHA to resume 
processing of the application.
    TUVPSG seeks recognition for testing and certification of products 
for demonstration of conformance to the following five test standards:

UL 201 Garage Equipment
UL 325 Door, Drapery, Gate, Louver and Window Operator and Systems
UL 696 Electric Toys
UL 697 Toy Transformers
UL 1029 High-Intensity-Discharge Lamp Ballasts

    OSHA's recognition of TUVPSG, or any NRTL, for a particular test 
standard is limited to equipment or materials (i.e., products) for 
which OSHA standards require third party testing and certification 
before use in the workplace. Consequently, any NRTL's scope of 
recognition excludes any product(s) that fall within the scope of a 
test standard, but for which OSHA standards do not require NRTL testing 
and certification.
    A few of the UL test standards listed above also are approved as 
American National Standards by the American National Standards 
Institute (ANSI). However, for convenience, we use the designation of 
the standards developing organization for the standard as opposed to 
the ANSI designation. Under our procedures, any NRTL recognized for an 
ANSI-approved test standard may use either the latest proprietary 
version of the test standard or the latest ANSI version of that 
standard. You may contact ANSI to find out whether or not a test 
standard is currently ANSI-approved.

Preliminary Finding on the Application

    TUVPSG has submitted an acceptable request for expansion of its 
recognition as an NRTL. In connection with this request, OSHA evaluated 
the NRTL's capability for the standards during an on-site review of 
TUVPSG's NRTL facilities, and the assessor has recommended the 
expansion for the additional standards (see Exhibit 11). Our review of 
the application file, the assessor's recommendation, and other 
pertinent documents indicate that TUVPSG can meet the requirements, as 
prescribed by 29 CFR 1910.7, for the expansion for the additional test 
standards listed above. This preliminary finding does not constitute an 
interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
TUVPSG has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. 
Should you need more time to comment, you must request it in writing, 
including reasons for the request. OSHA must receive your written 
request for extension at the address provided above no later than the 
last date for comments. OSHA will limit any extension to 30 days, 
unless the requester justifies a longer period. We may deny a request 
for extension if it is not adequately justified. You may obtain or 
review copies of TUVPSG's requests, the on-site review report, and all 
submitted comments, as received, by contacting the Docket Office, Room 
N2625, Occupational Safety and Health Administration, U.S. Department 
of Labor, at the above address. Docket No. NRTL1-2001 contains all 
materials in the record concerning TUVPSG's application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant TUVPSG's expansion request. The Agency will make the final 
decision on granting the expansion and, in making this decision, may 
undertake other proceedings that are prescribed in Appendix A to 29 CFR 
Section 1910.7. OSHA will publish a public notice of this final decision 
in the Federal Register.

    Signed in Washington, DC this 9th day of May, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05-9869 Filed 5-17-05; 8:45 am]

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