[Federal Register Volume 66, Number 140 (Friday, July 20, 2001)]
[Notices]
[Pages 38032-38037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18148]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-2001]


TUV Product Services GmbH, Recognition as an NRTL

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
application of TUV Product Services GmbH for recognition as a 
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on July 20, 2001, 
and will be valid until July 20, 2006, unless terminated or modified 
prior to that date, in accordance with 29 CFR 1910.7.

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 Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of its recognition of TUV Product Services GmbH (TUVPSG) 
as a Nationally Recognized Testing Laboratory (NRTL). The scope of this 
recognition includes testing and certification of the equipment or 
materials, and the site, listed below. The recognition also includes 
TUVPSG's use of the supplemental programs described below. OSHA will 
detail TUVPSG's scope of recognition in an informational web page for 
the NRTL, which we will establish at (http://www.osha-slc.gov/dts/otpca/nrtl/index.html). We maintain such a web page for each NRTL.
    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 expansions 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.
    TUVPSG applied for recognition as an NRTL, pursuant to 29 CFR 
1910.7, and OSHA published the required notice in the Federal Register 
on March 16, 2001 (66 FR 15291) to announce the application. The notice 
included a preliminary finding that TUVPSG could meet the requirements 
for recognition detailed in 29 CFR 1910.7, and invited public comment 
on the application by April 16, 2001. OSHA received one comment in 
response to the notice (see Exhibit 4-1).
    The commenter did not support or oppose the application but 
requested certain documentation that the applicant has designated as 
confidential and requested an extension of the time to comment in order 
to review this documentation. Due to the designation

[[Page 38033]]

by the applicant, OSHA did not make these documents available for 
public review. The commenter said it sought to obtain these documents 
``to provide meaningful comment as to whether the NRTL meets the 
requirements of 29 CFR 1910.7.'' The commenter believes some of the 
documents withheld are ``industry common procedures.''
    We follow provisions of 29 CFR Part 70 in determining whether we 
can or must disclose application information. This part generally deals 
with procedures to process a request for disclosure under the Freedom 
of Information Act (FOIA). Under Subpart B of this Part 70, information 
designated as confidential by a business submitter may be afforded 
protection under Exemption 4 of the FOIA. This exemption protects 
commercial or financial information, the disclosure of which would 
cause substantial competitive harm to the submitter. As part of our 
normal process for handling applications, OSHA requested that the 
applicant provide reasons for designating certain application documents 
as confidential, and specifically whether disclosure would cause it 
substantial competitive harm. In its original submission (see Exhibit 
2-2), the applicant had marked virtually all of its documents 
``Confidential.'' The applicant provided the necessary justification 
(see Exhibit 2-3), and OSHA reviewed it and the applicable documents 
and determined that their disclosure could reasonably be expected to 
cause the applicant substantial competitive harm. Therefore, we did not 
make certain documents available for public review. These documents are 
detailed internal procedures that explain more specifically how the 
applicant will operate and could potentially give to prospective or 
current competitors knowledge that could cause the applicant 
substantial competitive harm. OSHA has previously withheld from 
disclosure similar such documents in response to FOIA requests received 
concerning documents submitted by other NRTLs.
    Based on TUVPSG's justification, we also are unable to disclose the 
documents to the commenter. Since we cannot disclose this information 
and the commenter bases its request for extension to comment upon a 
review of this information, we denied the request for extension. The 
application information that we have made public, the on-site review 
report, both available in our docket office, and the information we 
provided in the preliminary notice, and repeat in this current notice, 
adequately demonstrate that the applicant meets the requirements for 
recognition, subject to the conditions included in that notice. OSHA 
has responded to the commenter to explain the denial of the extension 
and to address the remainder of its comment.
    You may obtain or review copies of all public documents pertaining 
to the application by contacting the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N2625, Washington, D.C. 20210. You should refer to 
Docket No. NRTL1-2001, the permanent record of public information on 
the TUVPSG recognition. Please note that in the preliminary notice we 
incorrectly referred to the docket number as NRTL-1-01.
    The current address of the facility (site) that OSHA recognizes for 
TUVPSG is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, 
Munich, Germany.

Background on the Applicant and the Application

    According to the application, TUV Product Services GmbH (TUVPSG) is 
a limited liability company founded under German law in 1988. TUVPSG 
states that it is an ``international organization for testing, 
evaluation, and certification of products and management systems.'' 
Also, the applicant states that it traces its origins to German steam 
boiler inspection associations formed as early as 1866 ``to protect 
workers against injury and to prevent damage to industrial 
installations.'' TUVPSG owns and operates a number of laboratories in 
Germany and in many other countries, including the U.S. However, the 
recognition applies only to the one location listed above.
    The regulations for the NRTL Program in 29 CFR 1910.7 allow any 
testing organization, whether or not it is US-based, to apply to OSHA 
for recognition as an NRTL. However, in determining eligibility for a 
foreign-based testing organization, such as TUVPSG, the regulations 
require OSHA to take into consideration reciprocal treatment by the 
foreign government of certain US-based testing agencies. Germany is 
part of the European Union (EU), and the US and the EU have signed a 
Mutual Recognition Agreement (MRA) on conformity assessment, which went 
into effect in May 1999. The MRA includes provisions for the reciprocal 
treatment of US-based testing agencies by governments of countries that 
are part of the EU. As a result of the MRA, reciprocity is assumed for 
all countries in the EU, and OSHA does not have to go through a 
country-by-country determination. The MRA does not change any of the 
requirements or processes that OSHA follows under its NRTL Program. For 
more information on the MRA, refer to the U.S. Department of Commerce 
web site (http://www.doc.gov)
    In the application, TUVPSG states that it is owned by TUV 
Suddeutschland and TUV Nord, both based in Germany. However, recently 
TUV Suddeutschland (TUVS) became sole owner of TUVPSG. 
Organizationally, the applicant falls within the ``Product Division'' 
of TUVS, one of its three main divisions. TUVS in general provides 
testing and other technical services in a number of areas throughout 
the world.
    TUVPSG submitted an application for recognition, dated August 21, 
1998 (see Exhibit 2-1). OSHA received this application from the 
European Commission (EC) on March 1, 1999, along with applications from 
other organizations located in the EU. The EC submitted the 
applications under the provisions of the Electrical Safety Annex of the 
MRA. However, none of these applications contained sufficient 
information for processing, and OSHA returned them to the Commission in 
April 1999 to obtain the additional information.
    The Commission resubmitted the application for TUVPSG to OSHA, 
which the Agency received on March 3, 2000 (see Exhibit 2-2). This 
application includes the substantive portion originally submitted and 
is therefore dated August 21, 1998. In the application, TUVPSG 
requested recognition for four test standards, originally specifying 
international test standards but, to meet OSHA requirements, later 
specifying the equivalent US test standards. Some of the documents in 
the application needed translations, which were received on June 5, 
2000 (see Exhibit 2-6). In response to requests from OSHA for 
clarification and additional information, TUVPSG supplemented its 
application in submissions dated August 11 and August 28, 2000 (see 
Exhibits 2-3 and 2-4). It also supplemented its application in a 
submission dated November 8, 2000 (see Exhibit 2-5), which included a 
request for recognition of 34 additional test standards, bringing the 
total standards requested for recognition to 38.
    As explained above and in the preliminary notice, some documents in 
the submissions, and parts of the original application, have been 
designated as ``confidential'' by the applicant. Generally, the 
applicant

[[Page 38034]]

maintains the 4 levels of operational documentation mentioned in 
international quality standards. It generally considers its level 3 and 
4 documents to be confidential or privileged.
    Staff of the NRTL Program performed an on-site review (assessment) 
of the Munich, Germany, facility on September 18-22, 2000. In the on-
site review report (see Exhibit 3), the program staff recommended a 
``positive finding.''
    The applicant has presented detailed documentation that describes 
how it currently performs its testing and certification activities. 
Many of the policies, procedures, work instructions, methods, and other 
practices described in this documentation would be used in its 
operations as an NRTL. Where appropriate, it has supplemented or 
modified the policies and procedures to conform to OSHA's requirements 
for an NRTL under 29 CFR 1910.7.
    TUVPSG currently performs a large range of product testing and 
certification activities, primarily testing to European based testing 
standards, such as EN and IEC standards. For example, it currently 
performs testing required under EN 60950, and has provisions for 
addressing national deviations adopted by various countries, including 
those for the US. One of the test standards for which it requests 
recognition is UL 1950, which is equivalent to EN60950 but includes the 
US deviations. TUVPSG performs its testing and certification activities 
primarily to assure compliance of products to requirements under 
directives issued within the European Union. However, it has also 
performed testing to US based test standards, such as UL 1950. As part 
of its current certification activities, it conducts initial and 
follow-up inspections at manufacturers' facilities, one facet of the 
activities that NRTLs recognized by OSHA must perform. It also 
authorizes the use of certification marks, another aspect of the work 
that NRTLs must perform. However, the marks it authorizes are primarily 
necessary for the European marketplace. For purposes of its 
certification under OSHA's NRTL Program, TUVPSG will utilize a US 
registered certification mark that is owned by its subsidiary in the 
US.
    The four recognition requirements of 29 CFR 1910.7 are presented 
below, along with an explanation illustrating how TUVPSG has met or 
plans to meet each of these requirements.

Capability

    Section 1910.7(b)(1) states that for each specified item of 
equipment or material to be listed, labeled or accepted, the laboratory 
must have the capability (including proper testing equipment and 
facilities, trained staff, written testing procedures, and calibration 
and quality control programs) to perform appropriate testing.
    The application and on-site review report indicate that TUVPSG has 
adequate testing equipment and an adequate facility to perform the 
tests required under the test standards for which it seeks recognition. 
Security measures are in place to restrict or control access to their 
facility, and procedures exist for handling test samples. The report 
also indicates that testing and processing procedures are in place, and 
the application describes the program for the development of new 
testing procedures. The applicant submitted 24 specific test methods 
that it currently uses and would utilize for its proposed NRTL testing 
activities. For some of the test standards, it will develop testing 
report formats prior to performing testing and certification of 
products under the specific standard.
    TUVPSG utilizes outside calibration sources and also has procedures 
for and performs internal calibrations of certain equipment. The 
application indicates that TUVPSG maintains records on testing 
equipment, which include information on repair, routine maintenance, 
and calibrations. The application and on-site review report address 
personnel qualifications and training, and identify the applicant's 
staff involved with product testing, along with a summary of their 
education and experience. Also, the report indicates that TUVPSG 
personnel have adequate technical knowledge for the work they perform. 
Moreover, the review report describes the applicant's quality assurance 
program, which is explained in more detail in TUVPSG's Quality Manual. 
Finally, the applicant performs internal system and internal technical 
audits of its operations on a regular basis.

Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide certain 
controls and services, to the extent necessary, for the particular 
equipment or material to be listed, labeled, or accepted. They include 
control procedures for identifying the listed or labeled equipment or 
materials, inspections of production runs at factories to assure 
conformance with test standards, and field inspections to monitor and 
assure the proper use of identifying marks or labels.
    The applicant has procedures and related documentation for 
initially qualifying a manufacturer and for performing the required 
follow-up inspections at a manufacturer's facility. In its procedures, 
it identifies criteria it will use to determine the frequency with 
which it will perform these follow-up factory inspections. It has 
adopted the criteria detailed in OSHA policies for NRTLs, which specify 
that NRTLs perform no fewer than four (4) inspections per year at 
certain facilities and no fewer than two (2) inspections per year under 
certain conditions. The factory inspections are one part of the 
activities that the applicant will utilize in controlling its 
certification mark. In its application, TUVPSG included evidence of the 
application by its American subsidiary for registration of a TUV 
certification mark with the U.S. Patent and Trademark Office (USPTO).
    The applicant currently performs product certifications, as 
previously mentioned, and has procedures for control and issuance of 
these certifications. According to the review report, it has issued in 
excess of 25,000 certifications under these procedures. The applicant 
maintains a detailed database of the product certifications, which 
would serve as its listing record. The report also states that the 
applicant has experience in authorizing and controlling the use of a 
certification mark, following many of the procedures and methods it 
uses for control of its certification certificates. For purposes of 
OSHA's NRTL Program, control by the NRTL of its certification mark is 
uppermost in importance. TUVPSG's control of a US registered 
certification mark under the NRTL Program will be a new activity for 
the applicant, and OSHA includes a condition related to this control.

Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers subject to the tested equipment requirements, 
and of any manufacturers or vendors of equipment or materials being 
tested for these purposes.
    As previously stated, TUV Suddeutschland (TUVS) is currently the 
sole owner of TUVPSG. In addition, the information reviewed by OSHA has 
not indicated that TUVPSG has the kinds of relationships described in 
OSHA policy that would cause the applicant to fail to meet the 
independence requirement. This information shows that TUVPSG does not 
own or control and is not owned or controlled by the kind of entities 
of concern to OSHA. In addition, OSHA's review of information

[[Page 38035]]

on business activities and subsidiaries of the TUVPSG's parent company 
has not revealed any apparent conflicts of interest that could 
adversely influence the applicant's testing and certification 
activities. TUVPSG has policies to protect against conflicts of 
interest by its employees.

Credible Reports/Complaint Handling

    Section 1910.7(b)(4) provides that an NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and without bias, as well as for handling complaints and 
disputes under a fair and reasonable system.
    The applicant utilizes standardized formats for recording and 
reporting testing data and inspection data. It has procedures for 
evaluating and reporting the findings for testing and inspection 
activities to check conformance to all requirements of a test standard. 
The applicant has included examples of completed inspection forms.
    Regarding the handling of complaints and disputes, the applicant's 
complaint management procedure provides the framework to handle 
complaints it receives from its clients or from the public or other 
interested parties. According to the review report, under one 
certification system operated by the applicant, it must respond to an 
initial complaint within 24 hours. OSHA has no such requirements for 
NRTLs, but the review report indicates that the applicant will utilize 
its current form of system controls and documentation to handle 
complaints stemming from its NRTL certification activities.

Programs and Procedures

    OSHA is granting the request by TUVPSG to use the supplemental 
programs listed below, based upon the criteria detailed in the March 9, 
1995 Federal Register notice (60 FR 12980, 3/9/95). This notice lists 
nine (9) programs and procedures (collectively, programs), eight of 
which (called supplemental programs) an NRTL may use to control and 
audit, but not actually to generate, the data relied upon for product 
certification. An NRTL's initial recognition always includes the first 
or basic program, which requires that all product testing and 
evaluation be performed in-house by the NRTL that will certify the 
product. The on-site review report indicates that TUVPSG appears to 
meet the criteria for use of the following supplemental programs for 
which it has applied:

Program 2: Acceptance of testing data from independent organizations, 
other than NRTLs
Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs
Program 4: Acceptance of witnessed testing data
Program 8: Acceptance of product evaluations from organizations that 
function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme
Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents

    OSHA developed these programs to limit how an NRTL may perform 
certain aspects of its work and to permit the activities covered under 
a program only when the NRTL meets certain criteria. In this sense, 
they are special conditions that the Agency places on an NRTL's 
recognition. OSHA does not consider these programs in determining 
whether an NRTL meets the requirements for recognition under 29 CFR 
1910.7. However, these programs help to define the scope of that 
recognition.
    TUVPSG also sought recognition for the three remaining supplemental 
programs, but OSHA is not granting recognition for these programs at 
this time. Under these programs, an NRTL may use manufacturers' data in 
performing the testing and evaluation activities required for a test 
standard. However, as noted in the review report, the manufacturers for 
which TUVPSG performs testing could lack sufficient familiarity with 
testing to the US deviations. As stated in the report, TUVPSG may 
reapply for the 3 programs ``in a few years when [the] manufacturers 
have participated'' in the witnessed testing program, and it is 
familiar with their ``testing capability and confidence in their 
ability to test US deviations, with respect to products destined for 
the US marketplace.''

Additional Conditions

    As already indicated, TUVPSG plans to utilize the proprietary US-
registered mark of its US subsidiary in certifying products as an NRTL. 
This is a new undertaking for the applicant and although it has 
procedures for controlling a certification mark, it still needs to 
further develop and refine the detailed procedures it will use to 
control this particular mark. As a result, OSHA conditionally 
recognizes TUVPSG subject to an assessment of the detailed procedures 
and practices for controlling this mark once they are in place.
    TUVPSG may use only the US registered mark for its NRTL 
certification activities. At the time of preparation of this current 
notice, the U.S. Patent and Trademark Office (USPTO) had not yet issued 
the Notice of Allowance for the mark. This notice must be issued before 
OSHA will place the mark on its web page that shows the marks used by 
NRTLs (http://www.osha-slc.gov/dts/otpca/nrtl/nrtlmrk.html). In 
addition, only the site listed in this notice may authorize use of this 
mark. Since this mark is specific to the NRTL Program, the US 
subsidiary may not authorize use of the mark unless it is recognized as 
an NRTL. Similarly, none of the other TUVPSG laboratories or locations 
may authorize the use of this mark. To ensure the applicant and the 
public understand this fact, OSHA imposes a condition to this effect.
    As also noted, the applicant has just adopted procedures concerning 
the criteria for determining its frequency for conducting factory 
follow-up inspections. Here, too, it needs more detailed procedures to 
effectively and properly implement the criteria. OSHA would have to 
review TUVPSG's approach in implementing the criteria for twice per 
year inspections before it begins to conduct inspections at this 
frequency. As a result, OSHA conditionally recognizes TUVPSG subject to 
an assessment of the details of this approach once it is in place.
    Imposing the conditions is consistent with OSHA's past recognition 
of certain organizations as NRTLs, which met the basic requirements but 
needed to further develop or refine their procedures (for example, see 
63 FR 68306 12/10/1998; and 65 FR 26637, 05/08/2000). Given the 
applicant's current breadth of activities in testing and certification, 
OSHA is confident that TUVPSG will develop and implement procedures and 
practices to appropriately perform the activities in the areas noted 
above.
    Therefore, OSHA includes appropriate conditions below that TUVPSG 
must meet for recognition as an NRTL. These conditions apply solely to 
the TUVPSG operations as an NRTL and solely to those products that it 
certifies for purposes of enabling employers to meet OSHA product 
approval requirements. These conditions, listed first under Conditions 
below, apply in addition to the other conditions below that OSHA 
normally imposes in its recognition of an organization as an NRTL. The 
NRTL Program staff includes these type of additional conditions on 
OSHA's informational web page for the NRTL, which we will establish 
under our web site at http://www.osha-slc.gov/dts/otpca/nrtl/index.html. When the staff determine that a particular condition has 
been satisfied, not only for TUVPSG but for any NRTL, they will remove 
the condition from the web page and notify

[[Page 38036]]

the NRTL accordingly. OSHA is not required to publish a public notice 
to remove conditions it imposes as part of its NRTL recognition 
activities.

Final Decision and Order

    The NRTL Program staff has examined the application, the additional 
submissions, the on-site review report, and other pertinent documents. 
Based upon this examination and the program staff recommendation, OSHA 
finds that TUV Product Services GmbH has met the requirements of 29 CFR 
1910.7 for recognition as a Nationally Recognized Testing Laboratory. 
The recognition applies to the site listed above. In addition, it 
covers the test standards, listed below, and it is subject to the 
limitations and conditions, also listed below.

Limitations

    OSHA hereby limits the recognition of TUVPSG to testing and 
certification of products for demonstration of conformance to the test 
standards listed below (see Listing of Test Standards). OSHA has 
determined that each test standard meets the requirements for an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c).
    The Agency's recognition of TUVPSG, or any other NRTL, for a 
particular test standard is always limited to equipment or materials 
(products) for which OSHA standards require third party testing and 
certification before use in the workplace. Conversely, OSHA's 
recognition of an NRTL for a test standard excludes the testing of any 
product(s), falling within the scope of the test standard, for which 
OSHA has no such requirements.

Listing of Test Standards

UL 82  Electric Gardening Appliances
UL 122  Photographic Equipment
UL 507  Electric Fans
UL 508  Industrial Control Equipment
UL 561  Floor Finishing Machines
UL 745-1  Portable Electric Tools
UL 745-2-1  Particular Requirements of Drills
UL 745-2-2  Particular Requirements for Screwdrivers and Impact 
Wrenches
UL 745-2-3  Particular Requirements for Grinders, Polishers, and Disk-
Type Sanders
UL 745-2-4  Particular Requirements for Sanders
UL 745-2-5  Particular Requirements for Circular Saws and Circular 
Knives
UL 745-2-6  Particular Requirements for Hammers
UL 745-2-8  Particular Requirements for Shears and Nibblers
UL 745-2-9  Particular Requirements for Tappers
UL 745-2-11  Particular Requirements for Reciprocating Saws
UL 745-2-12  Particular Requirements for Concrete Vibrators
UL 745-2-14  Particular Requirements for Planers
UL 745-2-17  Particular Requirements for Routers and Trimmers
UL 745-2-30  Particular Requirements for Staplers
UL 745-2-31  Particular Requirements for Diamond Core Drills
UL 745-2-32  Particular Requirements for Magnetic Drill Presses
UL 745-2-33  Particular Requirements for Portable Bandsaws
UL 745-2-34  Particular Requirements for Strapping Tools
UL 745-2-35  Particular Requirements for Drain Cleaners
UL 745-2-36  Particular Requirements for Hand Motor Tools
UL 745-2-37  Particular Requirements for Plate Jointers
UL 775  Graphic Arts Equipment
UL 778  Motor-Operated Water Pumps
UL 987  Stationary and Fixed Electric Tools
UL 1017  Vacuum Cleaners, Blower Cleaners, and Household Floor 
Finishing Machines
UL 1419  Professional Video and Audio Equipment
UL 1459  Telephone Equipment
UL 1585  Class 2 and Class 3 Transformers
UL 1776  High-Pressure Cleaning Machines
UL 1950  Technology Equipment Including Electrical Business Equipment
UL 3101-1  Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 3111-1  Electrical Measuring and Test Equipment, Part 1: General 
Requirements
UL 6500  Audio/Video and Musical Instrument Apparatus for Household, 
Commercial, and Similar General Use

    The designations and titles of the above test standards were 
current at the time of the preparation of the preliminary notice.
    Many of the test standards listed above are also approved as 
American National Standards by the American National Standards 
Institute (ANSI). However, for convenience in compiling the list, we 
show the designation of the standards developing organization (e.g., UL 
1950) for the standard, as opposed to the ANSI designation (e.g., ANSI/
UL 1950). Under our procedures, an 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, regardless of 
whether it is currently recognized for the proprietary or ANSI version. 
Contact ANSI or the ANSI web site (http://www.ansi.org) and click 
``NSSN'' to find out whether or not a test standard is currently ANSI-
approved.

Conditions

    TUV Product Services GmbH must also abide by the following 
conditions of the recognition, in addition to those already required by 
29 CFR 1910.7:
    Within 30 days of certifying its first products under the NRTL 
Program, TUVPSG will notify the OSHA NRTL Program Director so that OSHA 
may review TUVPSG's implementation of its procedures for controlling 
the US registered certification mark of its US subsidiary, TUV Product 
Services, Inc., based in Danvers, Massachusetts;
    Only TUV Product Services GmbH (TUVPSG) may authorize the US 
registered certification mark currently owned by its US subsidiary, TUV 
Product Services, Inc., based in Danvers, Massachusetts. TUVPSG may 
authorize the use of this mark only at the facility recognized by OSHA;
    Prior to conducting inspections of manufacturing facilities based 
on a frequency of twice per year, OSHA must review and accept the 
detailed procedures that TUVPSG will utilize to determine when to use 
this frequency for such inspections;
    OSHA must be allowed access to TUVPSG's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If TUVPSG has reason to doubt the efficacy of any test standard it 
is using under this program, it must promptly inform the test standard 
developing organization of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    TUVPSG must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, TUVPSG agrees that it will allow no 
representation that it is either a recognized or an accredited 
Nationally Recognized Testing Laboratory (NRTL) without clearly 
indicating the specific equipment or material to which this recognition 
is tied, or that its recognition is limited to certain products;
    TUVPSG must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel,

[[Page 38037]]

and of any major changes in its operations as an NRTL, including 
details;
    TUVPSG will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    TUVPSG will continue to meet the requirements for recognition in 
all areas where it has been recognized.

    Signed at Washington, DC this 10th day of July, 2001.
R. Davis Layne,
Acting Assistant Secretary.
[FR Doc. 01-18148 Filed 7-19-01; 8:45 am]
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