[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75667-75668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26756]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0042]
TUV Rheinland of North America, Inc.: Application for Expansion
of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of TUV
Rheinland of North America, Inc., for expansion of the scope of
recognition as a Nationally Recognized Testing Laboratory (NRTL) and
presents the agency's preliminary finding to grant the application.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before December 27, 2022.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office.
All documents in the docket (including this Federal Register notice)
are listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2007-0042). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
Extension of comment period: Submit requests for an extension of
the comment period on or before December 27, 2022 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.
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: meilinger.francis2@dol.gov.
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) 693-2110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that TUV Rheinland of North America, Inc.
(TUVRNA), is applying for an expansion of current recognition as a
NRTL. TUVRNA requests the addition of two test sites to the NRTL scope
of recognition.
OSHA 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 the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
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 applications by a NRTL for initial
recognition, as well as for an expansion or renewal of 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 the 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 TUVRNA, which details that NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
TUVRNA currently has eight facilities (sites) recognized by OSHA
for product testing and certification, with the headquarters located
at: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown,
Connecticut 06470. A complete list of TUVRNA sites recognized by OSHA
is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/tuv.
II. General Background on the Application
TUVRNA submitted an application, dated February 8, 2018 (OSHA-2007-
0042-0061), to expand recognition as a NRTL to include two additional
test sites located at: 295 Foster Street, Suite 100, Littleton,
Massachusetts 01460 (TUVRNA Littleton) and 710 Resende Road, Bldg. 199,
Webster, New York 14580 (TUVRNA Webster). OSHA staff performed an on-
site review of TUVRNA's testing facilities at TUVRNA Littleton on July
12, 2022, and at TUVRNA Webster on July 14, 2022, in which assessors
found some nonconformances with the requirements of 29 CFR 1910.7.
TUVRNA has addressed these issues sufficiently, and OSHA staff has
preliminarily determined that OSHA should grant the application.
III. Preliminary Finding on the Application
TUVRNA submitted an acceptable application for expansion of the
scope of recognition. OSHA's review of the application file and
pertinent documentation preliminarily indicates that TUVRNA can meet
the requirements prescribed by 29 CFR 1910.7 for expanding its
recognition to include the addition of the two additional test sites
for NRTL testing and certification. This preliminary finding does not
constitute an interim or temporary approval of TUVRNA's application.
OSHA seeks public comment on this preliminary determination.
IV. Public Participation
OSHA welcomes public comment as to whether TUVRNA meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
To review copies of the exhibit identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0042 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant TUVRNA's
application for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of the final decision in the
Federal Register.
IV. 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 December 2, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-26756 Filed 12-8-22; 8:45 am]
BILLING CODE 4510-26-P
