[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Notices]
[Pages 11106-11107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03879]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


TUV SUD America, Inc.: Grant of Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for TUV SUD America, Inc., as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
February 26, 2020.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications; telephone: (202) 693-1999; email: 
[email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration; telephone: (202) 693-2110 or email: 
[email protected]. OSHA's web page includes information about the 
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of TUV SUD America, Inc. (TUVAM), as a NRTL. TUVAM's 
expansion covers the addition of one recognized testing and 
certification site to their NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the 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 approved by the NRTL 
to meet OSHA standards that require testing and certification.
    The agency processes applications by a 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 the final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. OSHA maintains an informational web page 
for each NRTL that details its scope of recognition. These pages are 
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated June 29, 2018 (OSHA-2007-
0043-0027), to expand the recognition to include the addition of one 
recognized testing and certification site located at: TUV SUD 
Certification and Testing (China) Co. Ltd. Shanghai Branch 3-13, No. 
151 Heng Tong Road, Shanghai 200070, P.R. China. OSHA staff performed a 
detailed analysis of the application and other pertinent information. 
OSHA staff also performed an on-site review of TUV SUD Shanghai's 
testing and certification facility on April 19-20, 2019 and recommended 
expansion of TUVAM's recognition to include this one site.
    OSHA published the preliminary notice announcing TUVAM's expansion 
application in the Federal Register on July 19, 2019 (84 FR 34952). The 
agency requested comments by August 5, 2019, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of TUVAM's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
the TUVAM expansion application, go to www.regulations.gov or contact 
the Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW, Room N-3653, 
Washington, DC 20210. Docket No. OSHA-2007-0043 contains all materials 
in the record concerning TUVAM's recognition.

[[Page 11107]]

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, conducted a 
detailed on-site assessment, and examined other pertinent information. 
Based on review of this evidence, OSHA finds that TUVAM meets the 
requirements of 29 CFR 1910.7 for expansion of recognition, subject to 
the specified limitation and conditions. OSHA, therefore, is proceeding 
with this final notice to grant TUVAM's scope of recognition. OSHA 
limits the expansion of TUVAM's recognition to include the site at 
Shanghai, China as listed above. OSHA's recognition of this site limits 
TUVAM to performing product testing and certifications only to the test 
standards for which the site has the proper capability and programs, 
and for test standards in TUVAM's scope of recognition. This limitation 
is consistent with the recognition that OSHA grants to other NRTLs that 
operate multiple sites.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVAM also must abide by the following conditions of the recognition:
    1. TUVAM must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as a NRTL, and provide details of the 
change(s);
    2. TUVAM must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. TUVAM must continue to meet the requirements for recognition, 
including all previously published conditions on TUVAM's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
recognition of TUVAM, subject to these limitations and conditions 
specified above.

III. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice. Accordingly, the agency is issuing this notice pursuant to 29 
U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, 
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on February 19, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-03879 Filed 2-25-20; 8:45 am]
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