16452 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

1A 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. 

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. 

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 http://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 http:// 

www.osha.gov/dts/otpca/nrtl/ 

index.html. 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. 

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 http://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 

(http://www.tuvptl.com/tuv-ptlhistory.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 onsite 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 qualitycontrol 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 onsite 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 (http://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 nonprofit 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 

(http://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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2The designation and title of this test standard 

was current at the time OSHA prepared this notice. 

technology. AzTE’s Web page (http:// 

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 factoryinspection 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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3Any condition that applies to AzTE also would 

apply to such an entity. 

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 ANSIapproved. 

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: 

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 standarddeveloping 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
16456 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

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 

NATIONAL SCIENCE FOUNDATION 

Agency Information Collection 

Activities: Comment Request 

AGENCY: National Science Foundation. 

ACTION: Submission for OMB review; 

comment request. 

SUMMARY: The National Science 

Foundation (NSF) has submitted the 

following information collection 

requirement to OMB for review and 

clearance under the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. This is the second notice for public 

comment; the first was published in the 

Federal Register at 76 FR 2151, and no 

comments were received. NSF is 

forwarding the proposed renewal 

submission to the Office of Management 

and Budget (OMB) for clearance 

simultaneously with the publication of 

this second notice. The full submission 

may be found at: http:// 

www.reginfo.gov/public/do/PRAMain. 

Comments: Comments are invited on 

(a) whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the Agency’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology; and (d) ways to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Comments should be addressed to: 

Office of Information and Regulatory 

Affairs of OMB, Attention: Desk Officer 

for National Science Foundation, 725 

17th Street, NW., Room 10235, 

Washington, DC 20503, and to Suzanne 

H. Plimpton, Reports Clearance Officer, 

National Science Foundation, 4201 

Wilson Boulevard, Suite 295, Arlington, 

Virginia 22230 or via e-mail to 

splimpto@nsf.gov. Individuals who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339, which is accessible 24 

hours a day, 7 days a week, 365 days a 

year (including Federal holidays). 

Comments regarding this information 

collection are best assured of having 

their full effect if received within 30 

days of this notification. Copies of the 

submission(s) may be obtained by 

calling 703–292–7556. 

NSF may not conduct or sponsor a 

collection of information unless the 

collection of information displays a 

currently valid OMB control number 

and the agency informs potential 

persons who are to respond to the 

collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: NSF Surveys to 

Measure Customer Service Satisfaction. 

OMB Number: 3145–0157. 

Type of Request: Intent to seek 

approval to renew an information 

collection. 

Abstract: 

Proposed Project: On September 11, 

1993, President Clinton issued 

Executive Order 12862, ‘‘Setting 

Customer Service Standards,’’ which 

calls for Federal agencies to provide 

service that matches or exceeds the best 

service available in the private sector. 

Section 1(b) of that order requires 

agencies to ‘‘survey customers to 

determine the kind and quality of 

services they want and their level of 

satisfaction with existing services.’’ The 

National Science Foundation (NSF) has 

an ongoing need to collect information 

from its customer community (primarily 

individuals and organizations engaged 

in science and engineering research and 

education) about the quality and kind of 

services it provides and use that 

information to help improve agency 

operations and services. 

Estimate of Burden: The burden on 

the public will change according to the 

needs of each individual customer 

satisfaction survey; however, each 

survey is estimated to take 

approximately 30 minutes per response. 

Respondents: Will vary among 

individuals or households; business or 

other for-profit; not-for-profit 

institutions; farms; federal government; 

state, local or tribal governments 

Estimated Number of Responses per 

Survey: This will vary by survey. 

Dated: March 18, 2011. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2011–6808 Filed 3–22–11; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0441] 

South Carolina Electric and Gas 

Company (SCE&G) and the South 

Carolina Public Service Authority 

(Santee Cooper); Notice of Availability 

of Application for a Combined License 

On March 27, 2008, South Carolina 

Electric and Gas Company (SCE&G) 

acting as itself and agent for the South 

Carolina Public Service Authority also 

known as Santee Cooper filed with the 

U.S. Nuclear Regulatory Commission 

(NRC, the Commission) pursuant to 

Section 103 of the Atomic Energy Act 

and Title 10 of the Code of Federal 

Regulations (10 CFR) Part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants,’’ an application 

for combined licenses (COLs) for two 

AP1000 advanced passive pressurized 

water reactors at the existing Virgil C. 

Summer Nuclear Site (VCSNS) located 

in Fairfield County, South Carolina. The 

reactors are to be identified as VCSNS 

Units 2 and 3. The application is 

currently under review by the NRC staff. 

An applicant may seek a COL in 

accordance with Subpart C of 10 CFR 

Part 52. The information submitted by 

the applicant includes certain 

administrative information such as 

financial qualifications submitted 


jlentini on DSKJ8SOYB1PROD with NOTICES