[Federal Register: November 18, 2010 (Volume 75, Number 222)][Notices][Page 70692-70696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no10-41]

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 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.

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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.
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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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    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-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 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 quality-control 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 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
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
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 innovationfrom 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 ofproducts 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\

    \2\ The designation and title of this test standard was current
at the time OSHA prepared this notice.
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    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.

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,
"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 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 factory-inspection 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 product-approval 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 mustsubmit a request in writing, stating t
he 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