[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Notices]
[Pages 3737-3741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1887]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-2001]


TUV America, Inc., 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 America, Inc., for recognition as a Nationally 
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on January 25, 2002, 
and will be valid until January 25, 2007, 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 America, Inc. (TUVAM), as a 
Nationally Recognized Testing Laboratory (NRTL). The scope of this 
recognition includes testing and certification of the equipment or 
materials (i.e., products), and includes the sites, described later in 
this notice. The recognition also includes TUVAM's use of certain 
supplemental programs, also described later herein. The applicant's 
NRTL

[[Page 3738]]

activities will be handled by its TUV Product Services division. OSHA 
will detail TUVAM's scope of recognition on an informational web page 
for the NRTL, as further explained below.
    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.
    TUVAM applied for recognition as an NRTL, pursuant to 29 CFR 
1910.7, and OSHA published the required preliminary notice in the 
Federal Register on November 23, 2001 (66 FR 58756) to announce the 
application. The notice included a preliminary finding that TUVAM could 
meet the requirements for recognition detailed in 29 CFR 1910.7, and 
invited public comment on the application by December 24, 2001. OSHA 
received one comment in response to the notice, which was supportive of 
the recognition (see Exhibit 4-1).
    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, DC 20210. You should refer to 
Docket No. NRTL2-2001, the permanent record of public information on 
the TUVAM recognition.
    The current addresses of the facilities (sites) that OSHA 
recognizes for TUVAM 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 on the Applicant and the Application

    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 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 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 is separate. 
However, by their own arrangement, both organizations will utilize the 
same registered certification mark for purposes of their NRTL 
certifications. OSHA imposed a condition on TUVPSG regarding use of 
this mark and imposes 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, TUV Suddeutschland has since become sole owner of 
TUVAM. Also, TUV Suddeutschland 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 
recognition 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 recognizes 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

[[Page 3739]]

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 
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 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 will 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 will 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 will utilize for its 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

[[Page 3740]]

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 will 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 certificates. For purposes of OSHA's NRTL Program, tight 
control by the NRTL of its certification mark is essential 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 U.S. 
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 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.

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 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.

Additional 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 will 
conditionally recognize TUVAM subject to an assessment of the detailed 
procedures and practices for controlling this mark once they are in 
place.
    The U.S. registered mark is the only one that OSHA will 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 will impose a condition to this effect. A 
similar condition was imposed in the July 20, 2001, recognition notice 
for TUVPSG, mentioned above.
    As also noted, the applicant has recently 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 
will 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 will conditionally recognize TUVAM 
subject to an assessment of the details of this approach once it is in 
place.
    Imposing these 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

[[Page 3741]]

breadth of activities in testing and certification, OSHA is confident 
that TUVAM will develop and implement procedures and practices to 
appropriately perform the activities in the areas noted above.
    Therefore, OSHA will impose the three conditions noted above in 
this final notice. 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 
three conditions, listed first under Conditions below, are in addition 
to all other conditions that OSHA normally imposes in its recognition 
of an organization as an NRTL.

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 America, Inc., has met the requirements of 29 CFR 1910.7 
for recognition as a Nationally Recognized Testing Laboratory. The 
recognition applies to the sites 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 TUVAM to testing and 
certification of products for demonstration of conformance to the test 
standards listed below. OSHA has determined that each test standard 
meets the requirements for an appropriate test standard, within the 
meaning of 29 CFR 1910.7(c).

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 the preliminary notice.
    The Agency's recognition of TUVAM, 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.
    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.

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, 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;
    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;
    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;
    OSHA must be allowed access to TUVAM's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If TUVAM 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;
    TUVAM 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, TUVAM 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;
    TUVAM must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details;
    TUVAM will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    TUVAM will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC, this 17th day of January, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 02-1887 Filed 1-24-02; 8:45 am]
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