[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73798-73799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7261]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL1-2001]
TUV Product Services GmbH, Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision expanding the recognition of TUV
Product Services GmbH (TUVPSG) as a Nationally Recognized Testing
Laboratory under 29 CFR 1910.7.
DATES: The expansion of recognition becomes effective on December 13,
2005.
FOR FURTHER INFORMATION CONTACT: Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3653, 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 the expansion of recognition of TUV Product Services
GmbH (TUVPSG) as a Nationally Recognized Testing Laboratory (NRTL).
TUVPSG's expansion covers the use of additional test standards. OSHA's
current scope of recognition for TUVPSG may be found in the following
informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/tuvpsg.html.
OSHA recognition of an NRTL signifies that the organization has met
the legal 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 certified'' \1\ by
the NRTL to meet OSHA standards that require testing and certification.
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\1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
NRTL.
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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
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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.
TUVPSG submitted an application, dated September 18, 2003 (see
Exhibit 10) to expand its recognition to include 5 additional test
standards. The NRTL Program staff determined that each of these
standards is an ``appropriate test standard'' within the meaning of 29
CFR 1910.7(c). Therefore, OSHA is approving these five test standards
for the expansion. Following review of the application, OSHA requested
certain additional information from TUVPSG and deferred action on the
application pending receipt of this information. The NRTL adequately
responded to that request prior to publication of the preliminary
notice, permitting OSHA to resume processing of the application. In
connection with this request, OSHA evaluated the NRTL's capability for
the additional test standards during an on-site review of TUVPSG's NRTL
facility, and the assessor recommended the expansion for the additional
standards (see Exhibit 11). The preliminary notice announcing the
expansion application was published in the Federal Register on May 18,
2005 (70 FR 28583). Comments were requested by June 2, but no comments
were received in response to this notice.
The previous notices published by OSHA for TUVPSG's recognition
covered an expansion of recognition, which became effective on April
22, 2003 (68 FR 19856).
You may obtain or review copies of all public documents pertaining
to the TUVPSG application by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC, 20210. Docket
No. NRTL1-2001 contains all materials in the record concerning TUVPSG's
recognition.
The current address of the TUVPSG facility already recognized by
OSHA is: TUV Product Services GmbH, Ridlerstrasse 65, D-80339, Munich,
Germany.
Final Decision and Order
NRTL Program staff has examined the application, the assessor's
report, and other pertinent information. Based upon this examination
and the assessor's recommendation, OSHA finds that TUVPSG has met the
requirements of 29 CFR 1910.7 for expansion of its recognition, subject
to the limitation and conditions listed below. Pursuant to the
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of
TUVPSG, subject to the following limitation and conditions.
Limitation
OSHA limits the expansion of TUVPSG's recognition to testing and
certification of products for demonstration of conformance to the test
standards listed below. OSHA has determined that the standards meet the
requirements for an appropriate test standard, within the meaning of 29
CFR 1910.7(c).
UL 201 Garage Equipment
UL 325 Door, Drapery, Gate, Louver and Window Operator and Systems
UL 696 Electric Toys
UL 697 Toy Transformers
UL 1029 High-Intensity-Discharge Lamp Ballasts
The designation and title of the above test standards were current
at the time of the preparation of the notice of the preliminary
finding.
OSHA's recognition of TUVPSG, or 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 a test
standard for which OSHA has no NRTL testing and certification
requirements.
Many UL test standards also are approved as American National
Standards by the American National Standards Institute (ANSI). However,
for convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any 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. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.
Conditions
TUVPSG must also abide by the following conditions of the
recognition, in addition to those already required by 29 CFR 1910.7:
OSHA must be allowed access to TUVPSG's facilities and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
If TUVPSG 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;
TUVPSG 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, TUVPSG 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;
TUVPSG 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;
TUVPSG will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and
TUVPSG will continue to meet the requirements for recognition in
all areas where it has been recognized.
Signed at Washington, DC this 28th day of November, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. E5-7261 Filed 12-12-05; 8:45 am]
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