[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74293-74294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20691]


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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 
September 12, 2024.

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, U.S. Department of Labor, 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, U.S. Department of Labor, phone: 
(202) 693-1911 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    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 site to the 
NRTL scope of recognition.
    OSHA's recognition of a NRTL signifies that the organization meets 
the requirements specified in 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The agency processes an application by a NRTL for initial 
recognition and for an expansion or renewal of this recognition, 
following requirements in appendix A, 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. 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, 
including TUVAM, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at: https://www.osha.gov/nationally-recognized-testing-laboratory-program.
    TUVAM submitted an application to OSHA for expansion of the NRTL 
scope of recognition. The application, dated August 1, 2023 (OSHA-2007-
0043-0061), requested the expansion of the NRTL scope of recognition to 
include one additional test site located at: 5945 Cabot Parkway, Suite 
100, Alpharetta, Georgia 30005. OSHA staff performed an on-site review 
of TUVAM's testing facilities at TUVAM Alpharetta on November 14-15, 
2023, in which assessors found some nonconformances with the 
requirements of 29 CFR 1910.7. TUVAM has addressed these issues 
sufficiently, and OSHA staff has preliminarily determined that OSHA 
should grant the expansion request to include this additional site.
    OSHA published the preliminary notice announcing TUVAM's expansion 
application in the Federal Register on July 29, 2024 (89 FR 60926). The 
agency requested comments by August 13, 2024, but it received no 
comments in response to the notice. OSHA now is proceeding with this 
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 at (202) 693-2350 (TTY (877) 889-5627. Docket No. 
OSHA-2007-0043 contains all materials in the record containing TUVAM's 
recognition.

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 limitations and conditions. OSHA, therefore, is 
proceeding with this final notice to grant TUVAM's expanded scope of 
recognition. OSHA limits the expansion of TUVAM's recognition to 
include the site at Alpharetta, Georgia listed above. OSHA's 
recognition of the 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

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TUVAM's scope of recognition, in all areas for which it has 
recognition.
    OSHA hereby expands the NRTL scope of recognition for TUVAM to 
include one additional test site in Alpharetta, Georgia.

III. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW, Washington, 
DC 20210, 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. 8-2020 (85 FR 58393; Sept. 18, 2020), 
and 29 CFR 1910.7.

    Signed at Washington, DC, on September 5, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-20691 Filed 9-11-24; 8:45 am]
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