TUV Rheinland PTL, LLC; Recognition as an NRTL, 16452-16456 [2011-6856]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16452-16456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6856]



[[Page 16452]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0013]


TUV Rheinland PTL, LLC; Recognition as an NRTL

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision to grant 
recognition to TUV Rheinland PTL, LLC, as a Nationally Recognized 
Testing Laboratory under 29 CFR 1910.7.

DATES: This recognition becomes effective on March 23, 2011 and will be 
valid until March 23, 2016, unless terminated or modified prior to that 
date in accordance with 29 CFR 1910.7.

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-3655, Washington, DC 20210, or phone (202) 693-2110. For 
information about the Nationally Recognized Testing Laboratory Program, 
go to https://www.osha.gov, and select ``N'' in the site index.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of its recognition of TUV Rheinland PTL, LLC (TUVPTL) as a 
Nationally Recognized Testing Laboratory (NRTL). The scope of this 
recognition includes testing and certification of the equipment and 
materials, and use of the supplemental program, listed below. OSHA will 
detail TUVPTL's scope of recognition on an informational Web page for 
the NRTL, as further explained below.
    OSHA recognition of an NRTL signifies that the organization meets 
the legal 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, and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
approved by the NRTL to meet OSHA standards that require product 
testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition, or for an 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 OSHA's Web site at https://www.osha.gov/dts/otpca/nrtl/. Each NRTL's scope of recognition has three elements: (1) 
The type of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that has/have the 
technical capability to perform the product testing and certification 
activities for test standards within the NRTL's scope; and (3) the 
supplemental program(s) that the NRTL may use, each of which allows the 
NRTL to rely on other parties to perform activities necessary for 
product testing and certification.
    TUVPTL applied for recognition as an NRTL (See Ex. 2--TUVPTL 
application dated 7/29/2008) \1\ pursuant to 29 CFR 1910.7, and OSHA 
published the required preliminary notice in the Federal Register on 
November 18, 2010 (75 FR 70692) to announce the application. The notice 
included a preliminary finding that TUVPTL could meet the requirements 
for recognition detailed in 29 CFR 1910.7, and invited public comment 
on the application by December 20, 2010. OSHA received no comments in 
response to this notice. OSHA now is proceeding with this final notice 
to grant TUVPTL's recognition application.
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    \1\ A number of documents, or information within documents, 
described in this Federal Register notice are the applicant's 
internal, detailed procedures, or contain other confidential 
business or trade-secret information. These documents and 
information, designated by an ``NA'' at the end of, or within, the 
sentence or paragraph describing them, are not available to the 
public.
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    All public documents pertaining to the TUVPTL application are 
available for review 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. These 
materials also are available online at https://www.regulations.gov under 
Docket No. OSHA-2010-0013.
    The current address of the laboratory facility (site) that OSHA 
recognizes for TUVPTL is: TUV Rheinland PTL, 2210 South Roosevelt 
Street, Tempe, Arizona 85282.

General Background on the Application

    According to public information (https://www.tuvptl.com/tuv-ptl-history.html), TUVPTL states that it is a testing and certification 
laboratory for photovoltaic products and a leading test organization 
for photovoltaic technology. Arizona State University (ASU) established 
the organization in 1992 as the Photovoltaic Testing Laboratory (PTL). 
The TUVPTL Web site states that the PTL was instrumental in the 
development of many major standards concerning photovoltaic products. 
It was part of ASU until becoming an affiliate of TUV Rheinland Group.
    TUV Rheinland North America, Inc., (TUVRNA), a currently recognized 
NRTL, submitted an application, dated July 29, 2008, to expand its 
recognition to include TUVPTL as a recognized site. (See Ex. 2.) In 
response to OSHA's request for clarification, TUVRNA amended its 
application to provide additional technical details, and then provided 
further details in a later update. (See Ex. 3--TUVPTL amended 
application dated 5/29/2009.) OSHA's NRTL Program staff performed an 
on-site assessment of TUVPTL's facility in January 2010. Based on this 
assessment, TUVPTL revised its application to seek recognition as an 
NRTL, thus superseding the July 2008 expansion application by TUVRNA. 
(See Ex. 4--TUVPTL revised application dated 1/29/2010.) This revised 
application incorporated the bulk of the amended application. The OSHA 
staff recommended recognition of TUVPTL in their on-site review report 
of the assessment. (See Ex. 5--OSHA on-site review report on TUVPTL.)
    Due to its close affiliation with TUVRNA, the applicant will use 
many TUVRNA operational and quality-control procedures for operating as 
an NRTL. For example, TUVPTL's NRTL quality-control system will follow 
that used by TUVRNA: QP100001--Product Certification Quality Manual 
(Ex. 3; see document designated QP100001). Through its application 
information (see Ex. 2), TUVPTL represents that it maintains the 
experience, expertise, personnel, organization, equipment, and 
facilities suitable for accreditation as an OSHA NRTL. It also states 
that it meets, or will meet, the requirements for recognition defined 
in 29 CFR 1910.7.
    This notice discusses the four requirements for recognition (i.e., 
capability, control procedures, independence, and creditable reports

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and complaint handling) below, along with examples that illustrate how 
TUVPTL meets each of these requirements. The applicant's summary 
addressing OSHA's evaluation criteria (see Detailed Application 
Information/Evaluation Criteria (DAI/EC) summary documents, Exs. 3 and 
4) reference many, but not all, of the documents or processes described 
below in this notice.

Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or material requiring listing, labeling, or acceptance by an 
NRTL, the NRTL must have the capability (including proper testing 
equipment and facilities, trained staff, written testing procedures, 
and calibration and quality-control programs) to perform appropriate 
testing. The ``Capability'' section of the DAI/EC summary document (NA) 
shows that the applicant has security measures and detailed procedures 
in place to restrict or control access to its facility, to areas within 
its facility, and to confidential information. This section also states 
that TUVPTL's facility has equipment for monitoring, controlling, and 
recording environmental conditions during tests, and for handling test 
samples. It states further that the facility has adequate test areas 
and energy sources, and procedures for controlling incompatible 
activities. OSHA's on-site review report (Ex. 5, p. 2) confirmed this 
information concerning the facility, as well as its adequacy. TUVPTL 
provided a detailed list of its testing equipment (NA), and OSHA's on-
site review (Ex. 5, p. 2) confirmed that this equipment is in place and 
adequate for the scope of testing requested.
    The ``Capability'' section of the DAI/EC summary documents (NA) 
indicates that TUVPTL has detailed procedures addressing the 
maintenance and calibration of equipment, as well as the types of 
records maintained for, or supporting, many laboratory activities. It 
also indicates that TUVPTL has detailed procedures for conducting 
testing, review, and evaluation, and for capturing the test data 
required by the standard for which it seeks recognition. OSHA's on-site 
review report (Ex. 5, p. 2) notes that TUVPTL currently is using these 
procedures to test products for other NRTLs. Further, this section 
indicates that TUVPTL has detailed procedures for processing 
applications and developing new procedures.
    The revised application (Ex. 4) indicates that TUVPTL has the 
necessary procedures to adequately address training or qualifying staff 
for particular technical tasks (NA). The revised application and OSHA's 
on-site review report (Ex. 5, p. 3) indicate that TUVPTL has the 
qualified personnel to perform the proposed scope of testing based on 
their education, training, technical knowledge, and experience. The 
revised application and OSHA's on-site review report (Ex. 5, p. 3) also 
provide evidence that TUVPTL has an adequate quality-control system in 
place.

Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material undergoing listing, labeling, or acceptance. These controls 
and services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure the proper use of identifying marks or labels.
    The ``Control Programs'' section of the DAI/EC summary document 
shows that TUVPTL has the quality-control manual and detailed 
procedures to address the steps involved in listing and certifying 
products. TUVPTL will use the certification mark of its affiliate, 
TUVRNA, which is similar to an arrangement granted by OSHA to two other 
affiliated NRTLs. (See 67 FR 3737, January 25, 2002.) However, TUVPTL 
personnel must perform the final technical review, make the 
certification decision, and authorize the use of the mark. OSHA is 
imposing this condition as part of TUVPTL's NRTL recognition. In 
addition, the ``Control Programs'' section shows that the applicant has 
certification procedures (NA), and that these procedures address 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities. This section indicates that 
procedures also exist for authorizing the use of the certification 
mark, and the actions taken when TUVPTL finds that the manufacturer is 
deviating from the certification requirements. Factory inspections will 
be a new activity for TUVPTL, and OSHA will need to review the 
effectiveness of TUVPTL's inspection program when it is in place. As a 
result, OSHA is imposing a condition as part of TUVPTL's NRTL 
recognition that ensures that TUVPTL conducts inspections properly, and 
at the frequency set forth in the applicable NRTL Program policy (see 
OSHA Instruction CPL 1-0.3, Appendix C, paragraph III.A).

Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. OSHA has a policy for the independence of NRTLs 
that specifies the criteria used for determining whether an 
organization meets the above requirement. (See OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V.) This policy contains a non-exhaustive 
list of relationships that would cause an organization to fail to meet 
the specified criteria.
    The ``Independence'' section of the DAI/EC, and additional 
information submitted by TUVPTL (Ex. 4, section titled, ``Information 
For Evaluating Compliance'') shows that it has none of these 
relationships, or any other relationship that could subject it to undue 
influence when testing for product safety. TUVPTL's major owner is a 
subsidiary of the parent company of TUVRNA, the NRTL currently 
recognized by OSHA. OSHA found no information about TUVRNA's ownership 
that would raise an issue of TUVPTL's non-compliance with the NRTL 
Program's independence policy.
    There are two other owners of TUVPTL, each owning less than 10% of 
the organization. One owner is an individual, and OSHA found no 
information showing any affiliation of this individual with 
manufacturers, vendors, or major users of products requiring NRTL 
approval. The remaining owner is Arizona Technology Enterprises (AzTE), 
which has a Web page (https://www.azte.com/page/about_us/foundation) 
that states that it ``was established in 2003 as a limited liability 
company whose sole member is the ASU Foundation. The ASU Foundation is 
an independent non-profit organization that acts as the principal agent 
through which gifts are made to benefit [ASU].'' OSHA found no 
information to indicate that a manufacturer, vendor, or major user of 
products requiring NRTL approval, or the major owners of these 
entities, has an ownership interest in the Foundation or ASU, with ASU 
being a nonprofit, state-operated educational institution.
    According to AzTE's Web page (https://www.azte.com/page/for_industry), ``AzTE drives the transfer of discoveries and innovation 
from ASU's labs to the marketplace through technology partnering and 
the creation of new technology-based ventures.'' AzTE acts as the agent 
to license these technologies, and takes an equity stake in the 
companies that commercialize the

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technology. AzTE's Web page (https://www.azte.com/page/portfolio) shows 
that the vast majority of the technologies licensed in this manner do 
not involve the types of products for which OSHA requires NRTL 
approval. Companies may use materials and items developed from a few of 
these technologies (such as a sensor, electrode, or wafer) in 
manufacturing these types of products, but OSHA found only one product 
that AzTE licenses that requires NRTL approval. The entity to which 
AzTE licensed this product, a bacterial detection system, was Biosense 
International (Biosense). At the time OSHA published its preliminary 
notice to announce TUVPTL's application (75 FR 70692), the State of 
Arizona Corporate Commission, which registered Biosense as a 
corporation, administratively dissolved Biosense as of June 14, 2010. 
At the time OSHA prepared this final notice, Biosense is in good 
standing according to the Commission's Web site. However, OSHA has no 
information that AzTE's ownership of BioSense would pose any conflicts 
with OSHA's independence requirement. The remainder of AzTE's equity 
stakes are minor, thus mitigating the undue influence that such 
companies could exert on TUVPTL should these companies sell or use 
products tested by TUVPTL.
    To address future business ventures by AzTE, OSHA is imposing 
conditions on TUVPTL to avoid any situation that could conflict with 
OSHA's NRTL independence requirement; OSHA will actively monitor 
TUVPTL's compliance with these conditions.
    In summary, the information related to independence demonstrates 
that TUVPTL meets the independence requirement. Additionally, OSHA is 
imposing conditions on TUVPTL that will enable OSHA to monitor TUVPTL's 
compliance with the NRTL independence requirements in the future.

Creditable Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that an NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias, and for handling complaints and disputes 
under a fair and reasonable system. The ``Report and Complaint 
Procedures'' section of the DAI/EC summary document (NA) shows that the 
applicant has detailed procedures describing the content of the test 
reports, and other detailed procedures describing the preparation and 
approval of these reports. This section also shows that the applicant 
has procedures for recording, analyzing, and processing complaints from 
users, manufacturers, and other parties in a fair manner.

Supplemental Programs

    OSHA is approving TUVPTL to use the following supplemental program 
for which it applied:
Program 9: Acceptance of Services Other Than Testing or Evaluation 
Performed by Subcontractors or Agents (Calibration Services Only)
    OSHA is approving TUVPTL to use Program 9 only for calibration 
services, and added this limitation to the program's description above. 
The application notice for TUVPTL indicated this limitation, and OSHA 
is adding it here for clarity. As noted in an earlier Federal Register 
notice of NRTL recognition (75 FR 222), OSHA will approve a new NRTL to 
use Program 9 for other services or other supplemental programs only 
after OSHA determines that the new NRTL tests, evaluates, and performs 
inspections adequately using its own staff located at its recognized 
site(s).

Additional Conditions

    As noted above, a minor owner of TUVPTL, AzTE, may have an equity 
stake in companies that use technologies licensed by AzTE. In its 
present review, OSHA found that AzTE's ownership interest in these 
companies does not currently result in a conflict with OSHA's NRTL 
independence requirement; however, the possibility exists that AzTE 
could, in the future, acquire sufficient ownership in one of these 
companies to establish such a conflict or potential conflict should any 
of these companies sell, or become a major user of, the types of 
products that require NRTL approval. Thus, OSHA is imposing conditions 
to avoid conflicts or possible conflicts. These conditions are numbered 
1 and 2 under the ``Conditions'' section below.
    Additionally, as described above, while TUVPTL has testing, review, 
and evaluation procedures, OSHA could not review how TUVPTL fully 
implemented them because TUVPTL was not using them fully for testing 
and certifying products under the NRTL Program. In addition, as also 
described above, while TUVPTL has factory-inspection procedures, it 
currently does not conduct regular factory inspections. In this regard, 
TUVPTL only recently developed some components of these factory-
inspection procedures. Therefore, OSHA will, having granted NRTL 
recognition to TUVPTL, review the effectiveness of TUVPTL's factory-
inspection program, and do so within a reasonable period. Consequently, 
OSHA is recognizing TUVPTL conditionally for these procedures, i.e., 
subject to a later determination of the effectiveness with which TUVPTL 
implements these procedures. In addition, because TUVPTL will use the 
mark of its affiliate, TUV Rheinland of North America, Inc., OSHA is 
imposing a condition to ensure that TUVPTL personnel perform the 
critical steps involved in certification. These conditions are numbered 
3 and 4 under the ``Conditions'' section below.
    These conditions apply solely to TUVPTL's operations as an NRTL, 
and only to those products that it certifies for purposes of enabling 
employers to meet OSHA product-approval requirements. These conditions 
are in addition to all other conditions that OSHA normally imposes in 
its recognition of an organization as an NRTL.
    Imposing these conditions is consistent with OSHA's past 
recognition of several organizations as NRTLs that met the basic 
recognition requirements, but needed to further refine or implement 
their procedures (for example, see 63 FR 68306, 12/10/1998, and 65 FR 
26637, 05/08/2000). Based on TUVPTL's current activities in testing and 
certification, OSHA is confident that TUVPTL will conform to the 
requirements for recognition noted above.

Final Decision and Order

    The NRTL Program staff examined TUVPTL's application, the 
additional submissions, the on-site review report, and other pertinent 
information. Based on this examination and the analysis, OSHA finds 
that TUVPTL meets the requirements of 29 CFR 1910.7 for recognition as 
a Nationally Recognized Testing Laboratory subject to the limitations 
and conditions listed below. The recognition applies to the site listed 
above, and the test standard listed below. Pursuant to the authority 
granted by 29 CFR 1910.7, OSHA hereby grants the recognition of TUVPTL, 
subject to this limitation and these conditions.

Limitation

    OSHA limits the recognition of TUVPTL to testing and certification 
of products for demonstration of conformance to the following test 
standard,\2\ which OSHA determines is an appropriate test standard 
within the meaning of 29 CFR 1910.7(c):
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    \2\ The designation and title of this test standard was current 
at the time OSHA prepared this notice.

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[[Page 16455]]

UL 1703 Flat-Plate Photovoltaic Modules and Panels
    OSHA limits recognition of any NRTL for a particular test standard 
to equipment or materials (i.e., products) for which OSHA standards 
require third-party testing and certification before use in the 
workplace. Consequently, if a test standard also covers any product for 
which OSHA does not require such testing and certification, an NRTL's 
scope of recognition does not include that product.
    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 instead of 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.

Conditions

    TUVPTL also must abide by the following conditions of its NRTL 
recognition, in addition to those conditions already required by 29 CFR 
1910.7:
    1. AzTE must comply with the following conditions during the period 
it has an ownership interest in TUVPTL, or in any company that may 
subsequently purchase or replace TUVPTL, and understands that failure 
to comply with these conditions may result in OSHA revoking or imposing 
limits on TUVPTL's NRTL recognition:
    a. Identify the total number of companies in which it has an 
ownership interest and, of this total, the number in which AzTE's 
interest in the total ownership of a company is 2% or less, and the 
number in which this interest in a company exceeds 2%.
    b. Provide OSHA, annually and as requested, (i) an updated list of 
companies in which AzTE's ownership interests in a company exceed 2% of 
the total ownership of the company, and (ii) for each of these 
companies, a description of each company's business purpose. AzTE also 
must state whether any of these companies manufactures, distributes, or 
sells a type of product shown on OSHA's Web page titled, ``Type of 
Products Requiring NRTL Approval.''
    c. Provide OSHA access (e.g., when auditing TUVPTL) to the 
record(s) or document(s) filed with the applicable legal authority 
(e.g., the Secretary of State or other state authority) describing 
AzTE's ownership interest in those companies in which OSHA determines 
AzTE has an ownership interest exceeding 2% of the total ownership of 
the company.
    d. Provide OSHA, annually and as requested, the names and 
affiliations of any of its directors who are not directors of the 
Arizona State University Foundation.
    2. TUVPTL must comply with the following conditions while AzTE, or 
any other entity that manufactures, distributes, or sells a product 
tested by TUVPTL, or is affiliated with such an entity,\3\ has an 
ownership interest in TUVPTL:
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    \3\ Any condition that applies to AzTE also would apply to such 
an entity.
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    a. Not test or certify any product under the NRTL Program made, 
distributed, or sold by a company owned in excess of 2% by AzTE. In 
addition, before testing or certifying any product for an NRTL client 
applicant, TUVPTL will follow detailed procedures, reviewed and found 
acceptable by OSHA, to determine that such a company did not make, 
distribute, or sell the product.
    b. Cease certifications related to the NRTL Program if the 
following criteria are met: (i) AzTE has more than a 10% ownership 
interest in a company; (ii) OSHA determines that such a company or one 
of its subsidiaries, affiliates, or significant owners, makes, 
distributes, or sells a type of product for which OSHA requires NRTL 
approval (i.e., one currently shown in OSHA's Web page titled, ``Type 
of Products Requiring NRTL Approval''); and (iii) OSHA determines that 
the risk of actual or potential undue influence resulting from this 
ownership is not minor (see Condition 2.c, below). If these criteria 
are met, and AzTE does not, within 60 days of OSHA's request, take 
steps to reduce such ownership interests below 10%, OSHA will initiate 
the process to revoke TUVPTL's NRTL recognition.
    c. For purposes of Condition 2.b, above, TUVPTL must provide or 
make available, at OSHA's request, information required by OSHA to 
determine whether a risk of actual or potential undue influence is not 
minor. This information may include, but is not limited to, a financial 
statement(s) or the annual report of the company owned by AzTE, and, if 
not included in the document(s) provided, a list of the types of 
products sold or made by the company, and the overall percentage of the 
company's total revenue derived from selling these products. If TUVPTL 
cannot or does not provide or make available this information at OSHA's 
request, OSHA will be unable to determine whether the risk is minor, 
and, thus, will commence the process to revoke TUVPTL's NRTL 
recognition.
    d. To provide OSHA, annually and as requested, TUVPTL's overall 
client list, noting those clients that are NRTL clients and, for each 
such client, whether it is a company in which AzTE has more than a 10% 
ownership interest. Each list shall be in an electronic format, and 
shall include the information specified by OSHA. For example, this 
information may include the client's name and address; the product 
name(s) and model number(s); the fees paid during the last calendar 
year by the client for testing and certifying its product(s); and the 
percentage of TUVPTL's total revenue derived during the last calendar 
year from testing and certifying this/these product(s).
    3. Within 30 days of certifying its first products under the NRTL 
Program, TUVPTL will notify the OSHA NRTL Program Director of this 
activity so that OSHA may schedule its first audit of TUVPTL. At this 
first audit of TUVPTL, TUVPTL must demonstrate that it properly 
conducted testing, review, evaluation, and factory inspections; TUVPTL 
must conduct factory inspections at the frequency set forth in the 
applicable NRTL Program policy.
    4. Only TUVPTL personnel may perform the final technical review, 
make the final certification decision, and authorize use of the TUV 
Rheinland of North America, Inc., mark for those products TUVPTL 
certifies under the NRTL Program;
    5. TUVPTL will allow OSHA access to TUVPTL's facilities and records 
to ascertain continuing compliance with the terms of its NRTL 
recognition, and to perform such investigations as OSHA deems 
necessary;
    6. If TUVPTL has reason to doubt the efficacy of any test standard 
it is using under its NRTL recognition, it will promptly inform the 
test standard-developing organization of this concern, and provide that 
organization with the appropriate relevant information on which it 
bases its concern;
    7. TUVPTL will not engage in, or permit others to engage in, any 
misrepresentation of the scope or conditions of its NRTL recognition. 
As part of this condition, TUVPTL agrees that it will allow no 
representation that it is either a recognized or an accredited NRTL 
without clearly indicating the specific equipment or material to which 
this recognition applies, and also clearly

[[Page 16456]]

indicating that OSHA limits its NRTL recognition to specific products;
    8. TUVPTL will 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 of these 
changes;
    9. TUVPTL will meet all of the terms of its NRTL recognition, and 
will always comply with all OSHA policies pertaining to this 
recognition; and
    10. TUVPTL will continue to meet the requirements for NRTL 
recognition in all areas covered by the scope of this recognition.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210, directed the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to Sections 
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR 
55355), and 29 CFR part 1911.

    Signed at Washington, DC, on March 18, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-6856 Filed 3-22-11; 8:45 am]
BILLING CODE 4510-26-P