80 FR 44384 - TÜV SÜD America, Inc.: Grant of Expansion of Recognition
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 80, Issue 143 (July 27, 2015)
Occupational Safety and Health Administration
Federal Register Volume 80, Issue 143 (July 27, 2015)
| Page Range | 44384-44386 | |
| FR Document | 2015-18320 |
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)] [Notices] [Pages 44384-44386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18320] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0043] T[Uuml]V S[Uuml]D America, Inc.: Grant of Expansion of Recognition AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this notice, OSHA announces its final decision to expand the scope of recognition for T[Uuml]V S[Uuml]D America, Inc., as a Nationally Recognized Testing Laboratory (NRTL). DATES: The expansion of the scope of recognition becomes effective on July 27, 2015. [[Page 44385]] 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, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; 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, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: (202) 693-2110; 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 T[Uuml]V S[Uuml]D America, Inc. (TUVAM), as an NRTL. TUVAM's expansion covers the addition of one test standard to its scope of recognition. OSHA recognition of an NRTL signifies that the organization meets the requirements specified by 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 of the products. 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. OSHA maintains an informational Web page for each NRTL that details its scope of recognition. These pages are available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html. TUVAM submitted an application, dated October 6, 2014 (OSHA-2007- 0043-0011, Exhibit 15-1--TUVAM Expansion Letter), to expand its recognition to include two additional test standards. In response for requests for additional information from NRTL staff, TUVAM withdrew one of the proposed test standards, reducing their request for expansion to one test standard. OSHA staff performed a comparability analysis and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to this application. OSHA published the preliminary notice announcing TUVAM's expansion application in the Federal Register on May 6, 2015 (80 FR 26096). The Agency requested comments by May 21, 2015, 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 TUVAM's 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-2625, Washington, DC 20210. Docket No. OSHA-2007-0043 contains all materials in the record concerning TUVAM's recognition. II. Final Decision and Order OSHA staff examined TUVAM's expansion application, its capability to meet the requirements of the test standards, and other pertinent information. Based on its review of this evidence, OSHA finds that TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the limitation and conditions listed below. OSHA, therefore, is proceeding with this final notice to grant TUVAM's scope of recognition expansion. OSHA limits the expansion of TUVAM's recognition to testing and certification of products for demonstration of conformance to the test standard listed in Table 1 below. Table 1--Appropriate Test Standard for Inclusion in TUVAM's NRTL Scope of Recognition ------------------------------------------------------------------------ Test standard Test standard title ------------------------------------------------------------------------ UL 8750............................... Light Emitting Diode (LED) Equipment for Use in Lighting. ------------------------------------------------------------------------ OSHA's recognition of any NRTL for a particular test standard is limited to equipment or materials for which OSHA standards require third-party testing and certification before using them in the workplace. Consequently, if a test standard also covers any products for which OSHA does not require such testing and certification, an NRTL's scope of recognition does not include these products. The American National Standards Institute (ANSI) may approve the test standard listed above as an American National Standard. However, for convenience, we may use the designation of the standards-developing organization for the standard as opposed to the ANSI designation. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular test standard may use either the proprietary version of the test standard or the ANSI version of that standard. Contact ANSI to determine whether a test standard is currently ANSI-approved. A. Conditions In addition to those conditions already required by 29 CFR 1910.7, TUVAM 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 an 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 scope of recognition of TUVAM, subject to the limitation and conditions specified above. III. Authority and Signature David Michaels, Ph.D., MPH, 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. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7. [[Page 44386]] Signed at Washington, DC, on July 22, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2015-18320 Filed 7-24-15; 8:45 am] BILLING CODE 4510-26-P
![44384 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
INTERNATIONAL TRADE investigation based upon consent orders Plymouth, Michigan. The Commission’s
COMMISSION or withdrawal of the complaint. On July remedial orders allowed entry under
25, 2012, the Commission determined bond during the Presidential review
[Investigation No. 337–TA–823]
not to review an ID (Order No. 25) period.
Certain Kinesiotherapy Devices and granting Standard Innovation’s motion On August 20, 2013, respondents
Components Thereof; Commission to withdraw the D’779 patent from the LELO, Inc. and Leloi AB filed a notice
Decision To Rescind a General investigation. An evidentiary hearing of appeal with the U.S. Court of Appeals
Exclusion Order and Cease and Desist was held from August 21, 2012, to for the Federal Circuit seeking review of
Orders August 24, 2012. the Commission’s final determination.
On January 8, 2013, the ALJ issued a Standard Innovation intervened in the
AGENCY: U.S. International Trade final ID finding no violation of Section appeal and the parties filed briefs with
Commission. 337. The ALJ also issued a the Court. On May 11, 2015, the Federal
ACTION: Notice. recommended determination on remedy Circuit issued its opinion in Lelo Inc. v.
and bonding on January 22, 2013. International Trade Commission, 786
SUMMARY: Notice is hereby given that Specifically, the ALJ found that F.3d 879 (Fed. Cir. 2015). The Court
the U.S. International Trade Standard Innovation had not satisfied indicated that the Commission had
Commission has rescinded the general the economic prong of the domestic erred in relying solely upon qualitative
exclusion order and cease and desist industry requirement. The ALJ found, factors to find ‘‘significant investment in
orders issued at the conclusion of the however, that the accused products plant and equipment’’ and ‘‘significant
above-captioned investigation. The infringe the asserted claims, that the employment of labor or capital’’ under
general exclusion order was directed asserted claims were not shown to be prongs (A) and (B) of the domestic
against infringing kinesiotherapy invalid, and that the technical prong of industry requirement. Accordingly, the
devices and components thereof, and the domestic industry requirement was Court reversed the Commission’s
the cease and desist orders were shown to be satisfied. finding of a violation of 19 U.S.C. 1337.
directed against certain respondents. On January 22, 2013, Standard The Court issued its mandate on July 2,
FOR FURTHER INFORMATION CONTACT:
Innovation and the Commission 2015.
Michael K. Haldenstein, Office of the investigative attorney filed petitions for As the U.S. Court of Appeals for the
General Counsel, U.S. International review of the final ID, and the remaining Federal Circuit has reversed the
Trade Commission, 500 E Street SW., respondents in the investigation filed a Commission’s finding of violation, the
Washington, DC 20436, telephone (202) contingent petition for review. On Commission has determined that there
January 30, 2013, each party filed a is no longer a basis for the general
205–3041. Copies of non-confidential
response. exclusion order or the cease and desist
documents filed in connection with this
On March 25, 2013, the Commission orders previously issued in this
investigation are or will be available for determined to review the ID in its
inspection during official business investigation. The Commission has
entirety and posed questions to the therefore rescinded the orders.
hours (8:45 a.m. to 5:15 p.m.) in the parties concerning the satisfaction of the
Office of the Secretary, U.S. This action is taken under the
economic prong of the domestic authority of Section 337 of the Tariff Act
International Trade Commission, 500 E industry and remedy, the public
Street SW., Washington, DC 20436, of 1930, 19 U.S.C. 1337(k) and
interest, and bonding. The parties and Commission rule 210.76, 19 CFR 210.76.
telephone (202) 205–2000. General the IA submitted briefs on April 8, 2013,
information concerning the Commission and briefs in reply on April 15, 2013. By order of the Commission.
may also be obtained by accessing its The target date for completion of the Issued: July 21, 2015.
Internet server (http://www.usitc.gov). investigation was also extended until Lisa R. Barton,
The public record for this investigation June 17, 2013. Secretary to the Commission.
may be viewed on the Commission’s On June 17, 2013, the Commission [FR Doc. 2015–18269 Filed 7–24–15; 8:45 am]
electronic docket (EDIS) at http:// issued its final determination finding BILLING CODE 7020–02–P
edis.usitc.gov. Hearing-impaired that Standard Innovation had satisfied
persons are advised that information on the economic prong of the domestic
this matter can be obtained by industry requirement and that Standard
contacting the Commission’s TDD DEPARTMENT OF LABOR
Innovation had proven a violation of
terminal on (202) 205–1810. Section 337 by reason of infringement of Occupational Safety and Health
SUPPLEMENTARY INFORMATION: The the ’605 patent. Based on evidence of a Administration
Commission instituted this investigation pattern of violation and difficulty
on January 10, 2012, based on a ascertaining the source of the infringing [Docket No. OSHA–2007–0043]
complaint filed by Standard Innovation products, the Commission issued a
TÜV SÜD America, Inc.: Grant of
Corporation of Ottawa, ON, Canada and general exclusion order against certain
Expansion of Recognition
Standard Innovation (US) Corp. of kinesiotherapy devices that infringe the
Wilmington, Delaware (collectively, ’605 patent. The Commission also AGENCY: Occupational Safety and Health
‘‘Standard Innovation’’). 77 FR 1504–05 issued cease and desist orders against Administration (OSHA), Labor.
(Jan. 10, 2012). The complaint alleged the following respondents: LELO Inc. of ACTION: Notice.
violations of Section 337 of the Tariff San Jose, California; PHE, Inc. d/b/a
Act of 1930, as amended, 19 U.S.C. Adam & Eve of Hillsborough, North SUMMARY: In this notice, OSHA
tkelley on DSK3SPTVN1PROD with NOTICES
1337, by reason of infringement of Carolina; Nalpac Enterprises, Ltd. of announces its final decision to expand
certain claims of United States Patent Ferndale, Michigan; E.T.C. Inc. (d/b/a the scope of recognition for TÜV SÜD
Nos. 7,931,605 (‘‘the ’605 patent’’) and Eldorado Trading Company, Inc.) of America, Inc., as a Nationally
D605,779 (‘‘the D’779 patent’’). The Broomfield, Colorado; Williams Trading Recognized Testing Laboratory (NRTL).
complaint named twenty-one business Co., Inc. of Pennsauken, New Jersey; DATES: The expansion of the scope of
entities as respondents, several of which Honey’s Place Inc. of San Fernando, recognition becomes effective on July
have since been terminated from the California; and Lover’s Lane & Co. of 27, 2015.
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![44386 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
Signed at Washington, DC, on July 22, of Labor, 200 Constitution Avenue NW., Labor, 200 Constitution Avenue NW.,
2015. Room N–2625, Washington, DC 20210; Room N–3647, Washington, DC 20210;
David Michaels, telephone: (202) 693–2350 (TDY telephone: (202) 693–1999; email:
Assistant Secretary of Labor for Occupational number: (877) 889–5627). Note that Meilinger.francis2@dol.gov.
Safety and Health. security procedures may result in General and technical information:
[FR Doc. 2015–18320 Filed 7–24–15; 8:45 am] significant delays in receiving Contact Mr. Kevin Robinson, Director,
BILLING CODE 4510–26–P comments and other written materials Office of Technical Programs and
by regular mail. Contact the OSHA Coordination Activities, Directorate of
Docket Office for information about Technical Support and Emergency
DEPARTMENT OF LABOR security procedures concerning delivery Management, Occupational Safety and
of materials by express mail, hand Health Administration, U.S. Department
Occupational Safety and Health delivery, or messenger service. The of Labor, 200 Constitution Avenue NW.,
Administration hours of operation for the OSHA Docket Room N–3655, Washington, DC 20210;
[Docket No. OSHA–2012–0035] Office are 8:15 a.m.–4:45 p.m., e.t. telephone: (202) 693–2110; email:
4. Instructions: All submissions must Robinson.kevin@dol.gov. OSHA’s Web
Traylor Bros., Inc., Application for include the Agency name and the OSHA page includes information about the
Permanent Variance and Interim Order; docket number (OSHA–2012–0035). Variance Program (see http://
Grant of Interim Order; Request for OSHA places comments and other www.osha.gov/dts/otpca/variances/
Comments materials, including any personal index.html).
information, in the public docket SUPPLEMENTARY INFORMATION:
AGENCY: Occupational Safety and Health without revision, and these materials
Administration (OSHA), Labor. Copies of this Federal Register
will be available online at http:// notice. Electronic copies of this Federal
ACTION: Notice. www.regulations.gov. Therefore, the Register notice are available at http://
Agency cautions commenters about www.regulations.gov. This Federal
SUMMARY: In this notice, OSHA submitting statements they do not want
announces the application of Traylor Register notice, as well as news releases
made available to the public, or and other relevant information, also are
Bros., Inc., for a permanent variance and submitting comments that contain
interim order from the provisions of available at OSHA’s Web page at http://
personal information (either about www.osha.gov.
OSHA standards that regulate work in themselves or others) such as Social
compressed-air environments at 29 CFR Hearing Requests. According to 29
Security numbers, birth dates, and CFR 1905.15, hearing requests must
1926.803 and presents the Agency’s medical data.
preliminary finding to grant the include: (1) A short and plain statement
5. Docket: To read or download
permanent variance. OSHA also detailing how the proposed variance
submissions or other material in the
announces its grant of an interim order would affect the requesting party; (2) a
docket, go to http://www.regulations.gov
in this notice. OSHA invites the public specification of any statement or
or the OSHA Docket Office at the
to submit comments on the variance representation in the variance
address above. All documents in the
application to assist the Agency in application that the commenter denies,
docket are listed in the http://
determining whether to grant the and a concise summary of the evidence
www.regulations.gov index; however,
applicant a permanent variance based adduced in support of each denial; and
some information (e.g., copyrighted
on the conditions specified in this (3) any views or arguments on any issue
material) is not publicly available to
application. of fact or law presented in the variance
read or download through the Web site.1
application.
DATES: Submit comments, information, All submissions, including copyrighted
documents in response to this notice, material, are available for inspection at I. Notice of Application
and request for a hearing on or before the OSHA Docket Office. Contact the On April 26, 2012, Traylor Bros., Inc.,
August 26, 2015. The interim order OSHA Docket Office for assistance in 835 N. Congress Ave., Evansville, IN
specified by this notice becomes locating docket submissions. 47715, and Traylor/Skanska/Jay Dee
effective on July 27, 2015, and shall 6. Extension of Comment Period: Joint Venture, Blue Plains Tunnel, 5000
remain in effect until the interim order Submit requests for an extension of the Overlook SW., Washington, DC 20032,
is modified or revoked. comment period on or before August 26, submitted under Section 6(d) of the
ADDRESSES: Submit comments by any of
2015 to the Office of Technical Occupational Safety and Health Act of
the following methods: Programs and Coordination Activities, 1970 (‘‘OSH Act’’; 29 U.S.C. 655) and 29
1. Electronically: Submit comments Variance Program, Directorate of CFR 1905.11 (‘‘Variances and other
and attachments electronically at Technical Support and Emergency relief under section 6(d)’’), an
http://www.regulations.gov, which is Management, Occupational Safety and application for a permanent variance
the Federal eRulemaking Portal. Follow Health Administration, U.S. Department from several provisions of the OSHA
the instructions online for making of Labor, 200 Constitution Avenue NW., standard that regulates work in
electronic submissions. Room N–3655, Washington, DC 20210, compressed air at 29 CFR 1926.803.
2. Facsimile: If submissions, or by fax to (202) 693–1644. OSHA is addressing this request as two
including attachments, are not longer FOR FURTHER INFORMATION CONTACT: separate applications: (1) Traylor Bros.,
than 10 pages, commenters may fax Information regarding this notice is Inc. (‘‘Traylor’’ or ‘‘the applicant’’)
them to the OSHA Docket Office at (202) available from the following sources: request for a permanent variance for
Press inquiries: Contact Mr. Frank
tkelley on DSK3SPTVN1PROD with NOTICES
693–1648. future tunneling projects; and (2)
3. Regular or express mail, hand Meilinger, Director, OSHA Office of Traylor/Skanska/Jay Dee Joint Venture,
delivery, or messenger (courier) service: Communications, U.S. Department of Blue Plains Tunnel (‘‘Traylor JV’’). This
Submit comments, requests, and any 1 Traylor indicated that the decompression tables
notice only addresses the Traylor
attachments to the OSHA Docket Office, it intends to use for decompression with trimix are
application for an interim order and
Docket No. OSHA–2012–0035, proprietary. Therefore, these tables are not available permanent variance for future tunneling
Technical Data Center, U.S. Department in the docket. projects. This notice does not address
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Document Created: 2018-02-23 09:26:34
Document Modified: 2018-02-23 09:26:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The expansion of the scope of recognition becomes effective on July 27, 2015. | |
| Contact | Information regarding this notice is available from the following sources: | |
| FR Citation | 80 FR 44384 |
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