[Federal Register Volume 66, Number 226 (Friday, November 23, 2001)]
[Notices]
[Pages 58756-58760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29233]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-2001]


TUV America, Inc., Application for Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of TUV America, Inc., 
for recognition as a Nationally Recognized Testing Laboratory (NRTL) 
under 29 CFR 1910.7, and presents the Agency's preliminary finding. 
This preliminary finding does not constitute an interim or temporary 
approval of this application.

DATES: Comments submitted by interested parties, or any request for 
extension of the time to comment, must be received no later than 
December 24, 2001.

ADDRESSES: Submit written comments concerning this notice to: Docket 
Office, Docket NRTL2-2001, U.S. Department of Labor, Occupational 
Safety and Health Administration, Room N2625, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone: (202) 693-2350. Commenters may 
transmit written comments of 10 pages or less in length by facsimile to 
(202) 693-1648. Submit requests for extension 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.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
above address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

[[Page 58757]]

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that TUV America, Inc. (TUVAM), has applied for 
recognition as a Nationally Recognized Testing Laboratory (NRTL). The 
scope of this recognition would include testing and certification of 
the equipment or materials (i.e., products), and include the sites, 
described later in this notice. TUVAM also seeks to use the 
supplemental programs also described later herein. The applicant's NRTL 
activities will be handled by its TUV Product Services division.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Sec. 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 current address of the facilities (sites) covered by this 
application are: TUV Product Services (TUVAM), 5 Cherry Hill Drive, 
Danvers, Massachusetts 01923, TUV Product Services (TUVAM), 10040 Mesa 
Rim Road, San Diego, California 92121, TUV Product Services (TUVAM), 
1775 Old Highway 8 NW, Suite 104, New Brighton (Minneapolis), Minnesota 
55112.

Background

    According to the application, TUV America, Inc., is a ``privately 
held Massachusetts'' corporation. At time of application, the applicant 
was TUV Product Services, Inc., a wholly-owned subsidiary of TUVAM and 
also a ``privately held Massachusetts'' corporation, according to the 
application. However, TUVAM informed OSHA recently that TUV Product 
Services, Inc. (TPS), no longer exists as a separate legal entity but 
is now a division within TUVAM. As stated above, this division would 
handle TUVAM's NRTL activities. As a result, OSHA has primarily 
evaluated the testing and certification capabilities of this division 
and former separate entity.
    The application states that TUV Product Services, Inc., was 
incorporated in 1990, and that it has ``10 years of experience with 
[testing] medical, telecommunications, computing, industrial machinery 
and controls, software, consumer electronics, sporting, and appliance 
products.'' The applicant submitted information that traces its origins 
to German steam boiler inspection associations founded in the 1870's 
``to help regulate and supervise the safety of steam installations in 
the interest of public safety.'' TUV Product Services GmbH (TUVPSG), 
which is organizationally part of TUVAM's parent company, included 
similar information in its application for recognition. OSHA has 
already processed TUVPSG's application and granted it recognition on 
July 20, 2001 (see Federal Register notice: 66 FR 38032).
    Although TUVAM and TUVPSG are affiliated, they have separate 
operations and are legally distinct, and their recognition would be 
separate. However, by their own arrangement, both organizations would 
utilize the same registered certification mark for purposes of their 
NRTL certifications. OSHA imposed a condition on TUVPSG regarding use 
of this mark and would impose a related condition on TUVAM, as 
described later in this notice.
    The application showed that TUVAM was owned by TUV Suddeutschland 
and TUV Nord, both based in Germany. However, as mentioned in the March 
16 notice for TUVPSG, recently TUV Suddeutschland became sole owner of 
TUVAM. Also, it provides testing and other technical services in a 
number of areas throughout the world. The on-site review report (see 
Exhibit 3) indicates that TUVAM ``receives administrative and technical 
direction'' from TUVPSG. Moreover, the report indicates that TUVAM owns 
and its TPS division operates laboratories at additional U.S. 
locations, i.e., sites not listed above. The application only covers 
the three sites listed above, of which the Danvers site is currently 
TUVAM's headquarters.
    TPS and therefore TUVAM submitted an application for recognition, 
dated February 1, 1999 (see Exhibit 2). In response to a request from 
OSHA for clarification and additional information, TUVAM supplemented 
its application in a submission dated November 9, 1999 (see Exhibit 2-
1). In addition, the applicant provided additional documents on April 
28 and May 1, 2000. It also supplemented its application on May 9, 2001 
(see Exhibit 2-2), clarifying the test standards it requests for 
recognition and the supplemental programs it wishes to use.
    The applicant originally requested recognition for 18 test 
standards. However, the NRTL Program staff determined that 3 of these 
test standards are not ``appropriate test standards,'' within the 
meaning of 29 CFR 1910.7(c). The staff makes such determinations in 
processing NRTL applications. Therefore, OSHA would recognize TUVAM for 
the 15 test standards listed below (see List of Test Standards).
    Some documents in the November 9 submission, and virtually all of 
its documents in the original application, have been designated as 
``confidential'' by the applicant. 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 
application documents as confidential, and specifically whether 
disclosure would cause it substantial competitive harm. The applicant 
provided the necessary justification in its response dated November 9, 
1999 (see Exhibit 2-1). Generally, the applicant 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, and so stated in revising the designations 
in its November 9 response. These documents are detailed internal 
procedures that explain more specifically how the applicant does or 
will operate.
    OSHA has evaluated the applicant's designations and determined that

[[Page 58758]]

disclosure of certain documents in the original application, and all or 
a portion of the documents in the November 9, April 28, and May 1 
supplements to the application described above, could potentially give 
to prospective or current competitors knowledge that could cause the 
applicant substantial competitive harm. Therefore, under the provisions 
of 29 CFR part 70, those documents could be withheld from disclosure 
under Exemption 4 of the Freedom of Information Act (FOIA). 
Accordingly, we are not making them available for public review and 
have not included those documents in the public docket for the 
application, which we further describe later in this notice. OSHA has 
previously withheld from disclosure similar such documents in response 
to FOIA requests received concerning documents submitted by other 
NRTLs.
    Staff of the NRTL Program performed an on-site review (assessment) 
of the Danvers, Massachusetts, facility on October 23-26, 2000. The 
staff performed the reviews of the sites at San Diego and New Brighton 
on December 4-8, 2000. In the on-site review report (see Exhibit 3), 
the program staff recommended a ``positive finding,'' signifying that 
the applicant appears to meet the requirements for recognition in 29 
CFR 1910.7.
    Regarding the merits of the application, the applicant has 
presented detailed documentation that describes how it currently 
performs its testing and certification activities. 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.
    TUVAM currently performs product testing and certification 
activities, primarily for purposes of showing conformity to European 
based testing standards, such as EN and IEC standards, as indicated in 
the review report. It provided forms it uses when performing tests 
required under EN 60950. One of the test standards for which it 
requests recognition is UL 1950, which is equivalent to EN60950 but 
includes the US deviations. TUVAM 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. For purposes of its certifications under OSHA's NRTL Program, 
TUVAM will utilize a US certification mark. At the time of preparation 
of this notice, the registration of this mark is still pending. As 
already mentioned, both TUVAM and TUVPSG would utilize the same 
registered certification mark for purposes of their NRTL 
certifications.
    The four recognition requirements of 29 CFR 1910.7 are presented 
below, along with an explanation illustrating how TUVAM 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 TUVAM has 
adequate testing equipment and adequate facilities 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 
application and report also indicate that testing and processing 
procedures are in place, and the application describes the program for 
the development of new testing procedures. The applicant submitted a 
listing and examples of specific test methods that it currently uses 
and would utilize for its proposed NRTL testing activities.
    It utilizes outside calibration sources and does not intend to 
perform internal calibrations of equipment used for its NRTL testing 
activities. The application indicates that TUVAM 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 
TUVAM 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 its Integrated 
Management System (IMS) 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, 
TUVAM identifies criteria it will use to determine the frequency for 
performing 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 would be one part of the activities 
that the applicant will utilize in controlling its certification mark. 
In its application, TUVAM included evidence of its application for 
registration of a TUV certification mark with the U.S. Patent and 
Trademark Office (USPTO). As previously mentioned, this mark is still 
pending approval by the USPTO.
    The applicant has procedures for control and issuance of product 
certifications. According to the review report, TPS ``has been involved 
in a certification program for over ten years.'' As indicated in the 
report, the TPS Certification Body has been recently established under 
the TPS division but will operate in a manner consistent with the 
applicant's current certification practices, under which a Technical 
Certifier issues the formal product certification. As stated in the 
report, only those certifiers that are ``[TPS] employees and reside at 
one of the recognized sites will be authorized to certify'' a product 
for purposes of TUVAM's NRTL operations. The applicant maintains a 
detailed database of the product certifications, which would serve as 
its listing record. The application contains policies and terms and 
conditions to address control of a certification mark, and the 
procedures for such control are integral to more detailed procedures 
that the applicant uses for processing its certification

[[Page 58759]]

certificates. For purposes of OSHA's NRTL Program, control by the NRTL 
of its certification mark is uppermost in importance and procedures for 
such control must ensure that the NRTL's registered mark is applied to 
those products that the NRTL has certified. Such control must be 
proactive and not just reactive. TUVAM's control of a US registered 
certification mark under the type of certification process required in 
OSHA's NRTL Program regulations will be a new activity for the 
applicant, and we propose to include 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 is currently the sole 
owner of TUVAM. In addition, the information reviewed by OSHA has not 
indicated that TUVAM 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 TUVAM 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 on business activities 
and subsidiaries of TUVAM's parent company has not revealed any 
apparent conflicts of interest that could adversely influence the 
applicant's testing and certification activities. TUVAM 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 provided examples of its test and inspection reporting 
forms.
    Regarding the handling of complaints and disputes, the applicant's 
complaint and error management procedure provides the framework to 
handle complaints it receives from its clients or from the public or 
other interested parties. It maintains a detailed database that it uses 
as part of its quality assurance activities, which provides for 
recording and tracking complaint information. According to the review 
report, ``there have not been any complaints received concerning any of 
the certifications that have issued'' through the date of the review.

Test Standards

    TUVAM seeks recognition for testing and certification of products 
for demonstration of conformance to the 15 test standards listed below, 
and OSHA has determined the standards are ``appropriate,'' within the 
meaning of 29 CFR 1910.7(c).
    OSHA recognition of 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, an NRTL's scope of recognition excludes 
any product(s) falling within the scope of the test standard for which 
OSHA has no testing and certification requirements.

List of Test Standards

UL 45 Portable Electric Tools
UL 50 Enclosures for Electrical Equipment
UL 67 Panelboards
UL 73 Motor-Operated Appliances
UL 508 Industrial Control Equipment
UL 751 Vending Machines
UL 813 Commercial Audio Equipment
UL 1004 Electric Motors
UL 1012  Power Units Other Than Class 2
UL 1244  Electrical and Electronic Measuring and Testing Equipment
UL 1950  Technology Equipment Including Electrical Business Equipment
UL 2601-1  Medical Electrical Equipment, Part 1: General Requirements 
for Safety
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 this notice.
    Many of the Underwriters Laboratories (UL) 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 use the designation of the standards developing 
organization (e.g., UL 1004) for the standard, as opposed to the ANSI 
designation (e.g., ANSI/UL 1004). 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.

Supplemental Programs

    TUV America, Inc., also seeks to use the supplemental programs 
listed below, subject to the criteria detailed in the March 9, 1995 
Federal Register notice (60 FR 12980, 3/9/95). That 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 TUVAM 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 5: Acceptance of testing data from non-independent 
organizations.
Program 6: Acceptance of evaluation data from non-independent 
organizations (requiring NRTL review prior to marketing).
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

[[Page 58760]]

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.

Conditions

    As already indicated, TUVAM and TUVPSG plan to utilize the same 
U.S. registered certification mark for purposes of their NRTL 
certifications. 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 would 
conditionally recognize TUVAM subject to an assessment of the detailed 
procedures and practices for controlling this mark once they are in 
place.
    The US registered mark is the only one that OSHA would recognize 
for TUVAM. In addition, only the sites listed in this notice will be 
able to authorize use of this mark for the TUVAM product certifications 
under the NRTL Program. Conversely, no other TUVAM laboratories or 
locations may authorize the use of this mark for product certifications 
under the NRTL Program. To ensure the applicant and the public 
understand this fact, OSHA plans to impose a condition to this effect. 
A similar condition was proposed in the March 16 notice for TUVPSG, 
mentioned above.
    As also noted, the applicant has just adopted procedures concerning 
the criteria for the frequency at which it will conduct factory follow-
up inspections. Here, too, it needs to refine these procedures to 
effectively and properly implement the criteria. OSHA would have to 
review TUVAM's approach in implementing the criteria for the twice-per-
year inspections before it begins to conduct inspections at this 
frequency. As a result, OSHA would conditionally recognize TUVAM 
subject to an assessment of the details of this approach once it is in 
place.
    Imposing the proposed conditions is consistent with OSHA's past 
recognition of certain organizations as NRTLs that 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 TUVAM would develop and implement 
procedures and practices to appropriately perform the activities in the 
areas noted above.
    Therefore, OSHA would impose the following conditions in the final 
notice to officially recognize TUVAM as an NRTL. These conditions apply 
solely to TUVAM's 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 would be in addition to 
all other conditions that OSHA normally imposes in its recognition of 
an organization as an NRTL.
    1. Within 30 days of certifying its first products under the NRTL 
Program, TUVAM will notify the OSHA NRTL Program Director so that OSHA 
may review TUVAM's implementation of its procedures for controlling its 
US registered certification mark in conjunction with use of this mark 
by TUV Product Services GmbH of Germany.
    2. Only TUV America, Inc., or TUV Product Services GmbH may 
authorize the US registered certification mark currently owned by 
TUVAM, provided each one is recognized as an NRTL by OSHA. TUVAM may 
authorize the use of this mark, for purposes of its product 
certifications under the NRTL Program, only at the TUVAM sites 
recognized by OSHA.
    3. Prior to conducting inspections of manufacturing facilities 
based on a frequency of twice per year, OSHA must review and accept the 
detailed procedures that TUVAM will utilize to determine when to use 
this frequency for such inspections.

Preliminary Finding

    TUV America, Inc. (TUVAM) has addressed the requirements that must 
be met for recognition as an NRTL, as summarized above. In addition, 
the NRTL Program staff has performed on-site reviews (assessments) of 
TUVAM's facilities at Danvers, Massachusetts, San Diego, California, 
and New Brighton (Minneapolis), Minnesota and investigated the 
processes, procedures, practices, and general operations used by TUVAM. 
Discrepancies noted by the review staff were addressed by TUVAM 
following the on-site reviews, as detailed above, and are included as 
an integral part of the on-site review report (see Exhibit 3).
    Following a review of the complete application file and the on-site 
review report, the NRTL Program staff has concluded that the applicant 
can be granted recognition as a Nationally Recognized Testing 
Laboratory for the 3 sites and the 15 test standards described above, 
subject to the conditions noted. The staff, therefore, recommended to 
the Assistant Secretary that the application be preliminarily approved.
    Based upon the recommendation of the staff, the Agency has made a 
preliminary finding that TUV America, Inc., can meet the requirements, 
as prescribed by 29 CFR 1910.7, for recognition as a Nationally 
Recognized Testing Laboratory for the 3 sites and 15 test standards 
described above, subject to the conditions noted. This preliminary 
finding, however, does not constitute an interim or temporary approval 
of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
TUV America, Inc., has met the requirements of 29 CFR 1910.7 for its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
it, OSHA must receive the comment at the address provided above (see 
ADDRESSES) no later than the last date for comments (see DATES above). 
Should you need more time to comment, OSHA must receive your written 
request for extension at the address provided above (also see 
ADDRESSES) no later than the last date for comments (also see DATES 
above). You must include your reason(s) for any request for extension. 
OSHA will limit an extension to 30 days unless the requester justifies 
a longer period. We may deny a request for extension if it is frivolous 
or otherwise unwarranted. You may obtain or review copies of TUVAM's 
application, the additional submissions, 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. You should refer to Docket 
No. NRTL2-2001, the permanent record of public information on TUVAM's 
recognition application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant TUVAM's application for recognition. The Agency will make the 
final decision on granting the recognition and, in making this 
decision, may undertake other proceedings that are prescribed in 
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this 
final decision in the Federal Register.

    Signed at Washington, D.C. this 15th day of November, 2001.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 01-29233 Filed 11-21-01; 8:45 am]
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