70692 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / 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. 

of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as amended. 

Signed in Washington, DC this 10th day of 

November 2010. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–29098 Filed 11–17–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0013] 

TUV Rheinland PTL, LLC; Application 

for Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

application of TUV Rheinland PTL, 

LLC, for recognition as a Nationally 

Recognized Testing Laboratory, and 

presents the Agency’s preliminary 

finding to grant this recognition. 

DATES: Submit information or 

comments, or a request for an extension 

of the time to comment, on or before 

December 20, 2010. All submissions 

must bear a postmark or provide other 

evidence of the submission date. 

ADDRESSES: Submit comments by any of 

the following methods: 

Electronically: Submit comments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for making 

electronic submissions. 

Fax: If submissions, including 

attachments, are no longer than 10 

pages, commenters may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, or 

messenger or courier service: Submit 

one copy of the comments to the OSHA 

Docket Office, Docket No. OSHA–2010– 

0013, U.S. Department of Labor, Room 

N–2625, 200 Constitution Avenue, NW., 

Washington, DC 20210. Deliveries 

(hand, express mail, and messenger and 

courier service) are accepted during the 

Department of Labor’s and Docket 

Office’s normal business hours, 8:15 

a.m.–4:45 p.m., e.t. 

Instructions: All submissions must 

include the Agency name and the OSHA 

docket number (i.e., OSHA–2010–0013). 

OSHA will place all submissions, 

including any personal information 

provided, in the public docket without 

revision, and these submissions will be 

made available online at http:// 

www.regulations.gov. 

Docket: To read or download 

submissions or other material in the 

docket (e.g., exhibits listed below), go to 

http://www.regulations.gov or the OSHA 

Docket Office at the address above. All 

documents in the docket are listed in 

the http://www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

the Web site. All submissions, including 

copyrighted material, are available for 

inspection and copying at the OSHA 

Docket Office. 

Extension of comment period: Submit 

requests for an extension of the 

comment period on or before December 

20, 2010 to the 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 by fax to (202) 693–1644. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, 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; telephone: (202) 

693–2110. For information about the 

Nationally Recognized Testing 

Laboratory (NRTL) Program, go to 

http://www.osha.gov, and select ‘‘N’’ in 

the site index. 

SUPPLEMENTARY INFORMATION: 

I. Notice of Application for Recognition 

The Occupational Safety and Health 

Administration (OSHA) is providing 

notice that TUV Rheinland PTL, LLC, 

(TUVPTL) applied for recognition as a 

NRTL. (See Ex. 2—TUVPTL recognition 

application dated 7/29/2008.) 1 The 

application covers testing and 

certification of the equipment or 

materials, and use of the supplemental 

programs, listed below. 

OSHA recognition of a 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 

a 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 can be 

accessed 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. 

II. General Background on the 

Application 

In its application, TUVPTL lists the 

current address of the laboratory facility 

covered by the application as: TUV 

Rheinland PTL, 2210 South Roosevelt 

Street, Tempe, Arizona 85282. 

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. 

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Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 70693 

(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 a 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 a 

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 

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 a 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 

states that TUVPTL’s facility has 

equipment for monitoring, controlling, 

and recording environmental conditions 

during tests, and for handling test 

samples. It also states 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, and 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 for testing 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 proposes to impose a 

condition to this effect. 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 proposing a 

condition to ensure that inspections are 

conducted 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 

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70694 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 

2The designation and title of this test standard 

was current at the time OSHA prepared this notice. 

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, each 

owning less than 10% of TUVPTL. One 

owner is an individual, and OSHA 

found no information showing any 

affiliation 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 non-profit 

organization that acts as the principal 

agent through which gifts are made to 

benefit [ASU].’’ OSHA has 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 non-profit, 

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 

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). However, the 

State of Arizona Corporate Commission, 

which registered Biosense as a 

corporation, administratively dissolved 

Biosense on June 14, 2010, and Biosense 

remained administratively dissolved as 

of the date of this notice. 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 

would 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 a 

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. 

Standard Requested for Recognition 

TUVPTL seeks recognition for testing 

and certifying products to the following 

test standard: 2

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. 

Supplemental Programs 

Should OSHA approve this 

application for NRTL recognition, it also 

will grant approval for TUVPTL to use 

the following supplemental program 

because TUVPTL uses outside parties to 

perform its equipment calibration and, 

therefore, must properly qualify these 

parties for this purpose following the 

criteria in the program: 

Program 9: Acceptance of services other 

than testing or evaluation performed by 

subcontractors or agents 

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 proposes to impose the 

following conditions to avoid conflicts 

or possible conflicts: 

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 exceeds 2% of 

the total ownership of the company, and 

(ii) for each of these companies, a 

description of its 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, 

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Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 70695 

3Any condition that applies to AzTE also would 

apply to such an entity. 

‘‘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 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 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 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 2c 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% within 60 days, 

OSHA will initiate the process to revoke 

TUVPTL’s NRTL recognition. 

c. For purposes of condition #2b 

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, either annually 

or upon request, 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). 

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 also must review the 

effectiveness of TUVPTL’s factoryinspection program should OSHA grant 

NRTL recognition to TUVPTL, and do 

so within a reasonable period after 

granting recognition. Consequently, 

OSHA proposes to recognize TUVPTL 

conditionally, i.e., subject to a later 

determination of the effectiveness of 

these procedures. In addition, because 

TUVPTL will use the mark of its 

affiliate, OSHA is imposing a condition 

to ensure that TUVPTL personnel 

perform the critical steps involved in 

certification. Therefore, the following 

conditions also would apply should 

OSHA recognize TUVPTL under the 

NRTL Program: 

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, and, 

for inspections, did so 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 mark for those 

products TUVPTL certifies under the 

NRTL Program. 

OSHA would include all of the 

conditions proposed above in the final 

notice should OSHA recognize TUVPTL 

as an NRTL. These conditions apply 

solely to TUVPTL’s operations as an 

NRTL, and solely to those products that 

it certifies for purposes of enabling 

employers to meet OSHA productapproval requirements. These 

conditions would be 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). Given 

the applicant’s current activities in 

testing and certification, OSHA is 

confident that TUVPTL will conform to 

the requirements for recognition noted 

above. 

Preliminary Finding on the Application 

TUVPTL submitted an acceptable 

application for recognition as an NRTL. 

OSHA’s review of the application file, 

and the results of the on-site review, 

indicate that TUVPTL can meet the 

requirements prescribed by 29 CFR 

1910.7 for recognition to use the test 

standard listed above. This preliminary 

finding does not constitute an interim or 

temporary approval of the application. 

TUVPTL corrected the discrepancies 

noted by OSHA during the on-site 

review, and the on-site review report 

describes these corrections (Ex. 5). 

Following examination of the 

application file and the on-site review 

report, the NRTL Program staff 

concluded that OSHA can grant the 

applicant recognition as an NRTL for its 

Tempe, Arizona facility, subject to the 

conditions described above. The staff, 

therefore, recommended preliminarily 

that the Assistant Secretary approve the 

application. 

OSHA welcomes public comment as 

to whether TUVPTL meets the 

requirements of 29 CFR 1910.7 for 

recognition as an NRTL. Comments 

should consist of pertinent written 

documents and exhibits. Commenters 

needing more time to comment must 

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70696 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / 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. 

submit a request in writing, stating the 

reasons for the request. OSHA must 

receive the written request for an 

extension by the due date for comments. 

OSHA will limit any extension to 30 

days unless the requester justifies a 

longer period. OSHA may deny a 

request for an extension if it is not 

adequately justified. To obtain or review 

copies of the publicly available 

information in TUVPTL’s application 

and other pertinent documents 

(including exhibits), as well as all 

submitted comments, contact the Docket 

Office, Room N–2625, Occupational 

Safety and Health Administration, U.S. 

Department of Labor, at the above 

address; these materials also are 

available online at http:// 

www.regulations.gov under Docket No. 

OSHA–2010–0013. 

The NRTL Program staff will review 

all comments to the docket submitted in 

a timely manner, and, after addressing 

the issues raised by these comments, 

will recommend whether to grant NRTL 

recognition to TUVPTL. The Assistant 

Secretary will make the final decision 

on granting NRTL recognition, and, in 

making this decision, may undertake 

other proceedings prescribed in 

Appendix A to 29 CFR 1910.7. OSHA 

will publish a public notice of this final 

decision in the Federal Register. 

Authority and Signature 

David Michaels, Ph.D., 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 this 15th day 

of November 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–29127 Filed 11–17–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0046] 

QPS Evaluation Services Inc.; 

Application for Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

application of QPS Evaluation Services 

Inc. for recognition as a Nationally 

Recognized Testing Laboratory, and 

presents the Agency’s preliminary 

finding to grant this recognition. 

DATES: Submit information or 

comments, or a request for an extension 

of the time to comment, on or before 

December 20, 2010. All submissions 

must bear a postmark or provide other 

evidence of the submission date. 

ADDRESSES: Submit comments by any of 

the following methods: 

Electronically: Submit comments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for making 

electronic submissions. 

Fax: If submissions, including 

attachments, are no longer than 10 

pages, commenters may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, or 

messenger or courier service: Submit 

one copy of the comments to the OSHA 

Docket Office, Docket No. OSHA–2010– 

0046, U.S. Department of Labor, Room 

N–2625, 200 Constitution Avenue, NW., 

Washington, DC 20210. Deliveries 

(hand, express mail, and messenger and 

courier service) are accepted during the 

Department of Labor’s and Docket 

Office’s normal business hours, 8:15 

a.m.–4:45 p.m., e.t. 

Instructions: All submissions must 

include the Agency name and the OSHA 

docket number (i.e., OSHA–2010–0046). 

OSHA will place all submissions, 

including any personal information 

provided, in the public docket without 

revision, and these submissions will be 

made available online at http:// 

www.regulations.gov. 

Docket: To read or download 

submissions or other material in the 

docket (e.g., exhibits listed below), go to 

http://www.regulations.gov or the OSHA 

Docket Office at the address above. All 

documents in the docket are listed in 

the http://www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

the Web site. All submissions, including 

copyrighted material, are available for 

inspection and copying at the OSHA 

Docket Office. 

Extension of comment period: Submit 

requests for an extension of the 

comment period on or before December 

20, 2010 to the 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 by fax to (202) 693–1644. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, 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; telephone: (202) 

693–2110. For information about the 

NRTL Program, go to http:// 

www.osha.gov, and select ‘‘N’’ in the site 

index. 

SUPPLEMENTARY INFORMATION: 

I. Notice of Application for Recognition 

The Occupational Safety and Health 

Administration (OSHA) is providing 

notice that QPS Evaluation Services Inc. 

(QPS) applied for recognition as a 

Nationally Recognized Testing 

Laboratory (NRTL). (See Ex. 2—QPS 

recognition application dated 1/27/ 

2006.) 1 The application covers testing 

and certification of the equipment or 

materials, and use of the supplemental 

programs, listed below. 

OSHA recognition of a 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 

a 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 can be 

accessed from OSHA’s Web site at 

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