• Publication Date:
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  • Title:
    TUV Rheinland PTL, LLC; Recognition as an NRTL
[Federal Register: March 23, 2011 (Volume 76, Number 56)][Notices][Page 16452-16456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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.


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.

    \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

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


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

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).


    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 non-profit organization that acts as the principal agent
through which gifts are made to benefit [ASU]." OSHA found no
information to indicate that a manufacturer, vendor, or major user of
products requiring NRTL approval, or the major owners of these
entities, has an ownership interest in the Foundation or ASU, with ASU
being a nonprofit, state-operated educational institution.
    According to AzTE's Web page (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). 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

Additional Conditions

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

Final Decision and Order

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


    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):

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


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.


    TUVPTL also must abide by the following conditions of its NRTL
recognition, in addition to those conditions already required by 29 CFR
    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:

    \3\ Any condition that applies to AzTE also would apply to such
an entity.

    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
    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
    6. If TUVPTL has reason to doubt the efficacy of any test standard
it is using under its NRTL recognition, it will promptly inform the
test standard-developing organization of this concern, and provide that
organization with the appropriate relevant information on which it
bases its concern;
    7. TUVPTL will not engage in, or permit others to engage in, any
misrepresentation of the scope or conditions of its NRTL recognition.
As part of this condition, TUVPTL agrees that it will allow no
representation that it is either a recognized or an accredited NRTL
without clearly indicating the specific equipment or material to which
this recognition applies, and also clearly 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
    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]