[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Notices]
[Pages 63562-63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31412]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-1-89]


Intertek Testing Services NA, Inc., Expansion of Recognition; 
(Authority: 29 CFR 1910.7)

AGENCY: Occupational Safety and Health Administration, Labor.

ACTIONS: Notice of expansion of recognition as a Nationally Recognized 
Testing Laboratory (NRTL).

-----------------------------------------------------------------------

SUMMARY: This notice announces the Agency's final decision on the 
application of Intertek Testing Services NA, Inc. for expansion of its 
recognition as a NRTL under 29 CFR 1910.7. In addition, this notice 
reflects the name change to Intertek Testing Services NA, Inc., 
resulting from a change of ownership of Inchcape Testing Services NA, 
Inc., the predecessor to Intertek.

EFFECTIVE DATE: This recognition will become effective on December 1, 
1997 and will be valid until December 2, 2002, unless terminated or 
modified prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Variance 
Determination, NRTL Recognition Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N3653, Washington, DC 20210, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that the recognition of Intertek Testing Services NA, Inc. 
(ITS) as a Nationally Recognized Testing Laboratory has been expanded 
to include the additional laboratory sites, and the site specific 
standards listed below. ITS applied for expansion of its current 
recognition as a Nationally Recognized Testing Laboratory (NRTL) for 
additional laboratory sites, pursuant to 29 CFR 1910.7, which was 
published in the Federal Register (62 FR 42829, 8/8/97). The notice 
included a preliminary finding that ITS could meet the requirements for 
recognition detailed in 29 CFR 1910.7, and invited public comment on 
the application by October 7, 1997. No comments were received 
concerning this request for recognition.
    The addresses of the concerned laboratories are:

Intertek Testing Services NA Inc., 530 Garcia Avenue, Pittsburg, 
California 94565
Intertek Testing Services NA Ltd., 211 Schoolhouse Street, Coquitlam, 
British Columbia, V3K 4X9 Canada
Intertek Testing Services Hong Kong Ltd., 2/F., Garment Centre, 576 
Castle Peak Road, Kowloon, Hong Kong
Intertek Testing Services Taiwan Ltd., 14/F Huei Fung Building, 27, 
Chung Shan North Road, Sec. 3, Taipei, Taiwan

Background

Expansion of Recognition

    On August 24, 1994, Intertek Testing Services NA Inc., as 
``Inchcape'', made individual applications for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. The 
applications were for the recognition of additional sites, and included 
facilities located in Taipei, Taiwan (see Exhibit 25A), and Kowloon, 
Hong Kong (see Exhibit 25B). On-site investigations of these facilities 
had been carried out previously as part of a large-scale overseas 
investigation of sites requested for recognition by several other 
NRTLs. On-site Review reports, dated December 15, 1994, of the 
investigation of the Taipei, Taiwan site [see Exhibit 25E(4)], and of 
the Kowloon, Hong Kong site, [see Exhibit 25E(3)], both carried out in 
September 1993, were prepared. On April 3, 1996, ITS applied for an 
expansion of its recognition for yet other sites including two former 
Warnock Hersey sites, now owned by ITS, in Pittsburg, California and 
Coquitlam, British Columbia (see Exhibit 25D). The test standards 
requested for these two sites were: ASTM E152--Fire Test Method for 
Door Assemblies, and ASTM E163--Standard Method of Fire Tests of Window 
Assemblies. In addition, ITS informed OSHA of the official transfer of 
ownership of the Warnock Hersey, Inc., ``WHI'' registered certification 
mark to ITS, which will be used by ITS to identify products certified 
at the two facilities and under the two test standards noted above (see 
Exhibit 25C).

Change of Name

    OSHA was notified by letter, dated December 6, 1996, of a change in 
ownership of Inchcape Testing Services NA, Inc. (see Exhibit 25F). At 
the time, no change of corporate name was requested, although OSHA was 
informed that such a request would be made at a later date. Such a 
request for name change was made by letter dated April 14, 1997 (see 
Exhibit 25G). The requested name change was from Inchcape Testing 
Services NA, Inc. to Intertek Testing Services NA Inc. The abbreviation 
of the company name as ``ITS'' would continue to be used.

Final Decision and Order

    Based upon a preponderance of the evidence, and the OSHA staff 
findings and recommendations, including the original and the February 
26, 1997 On-Site Review Reports of the four facilities being 
recognized, OSHA finds that ITS has met the requirements of 29 CFR 
1910.7 for expansion of its present recognition, and ITS's recognition 
is hereby expanded to include the additional sites, all subject to the 
conditions listed below. The recognition is limited to equipment or 
materials which, under 29 CFR part 1910, require or permit testing, 
listing, labeling, approval, acceptance, or certification by a 
Nationally Recognized Testing Laboratory. The recognitions of the 
Coquitlam, B. C. and the Pittsburg, CA sites are further limited to the 
use of the following 2 test standards for the testing and certification 
of equipment or materials included within the scope of these standards.

Recognition of Test Standards for the Coquitlam and Pittsburg Sites

    ITS has stated that these standards are used to test equipment or 
materials which can be used in environments under OSHA's jurisdiction, 
and OSHA has determined that they are appropriate within the meaning of 
29 CFR 1910.7(c).

ASTM E152--Standard Methods of Fire Tests of Door Assemblies
ASTM E163--Standard Method of Fire Tests of Window Assemblies

Conditions

    Intertek Testing Services NA Inc. must also abide by the following 
conditions of the recognition, in

[[Page 63563]]

addition to those already required by 29 CFR 1910.7:
    OSHA shall be allowed access to ITS's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If ITS has reason to doubt the efficacy of any test standard it is 
using under this program, it shall promptly inform the test standard 
developing organization of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    ITS shall not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, ITS agrees that it will allow no representation 
that it is either a recognized or an accredited Nationally Recognized 
Testing Laboratory (NRTL) without clearly indicating the specific 
equipment or material to which this recognition is tied, or that its 
recognition is limited to certain products;
    ITS shall inform OSHA as soon as possible, in writing, of any 
change of ownership or key personnel, including details;
    ITS will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    ITS will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.

    Signed at Washington, D.C. this 18th day of November, 1997.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 97-31412 Filed 11-28-97; 8:45 am]
BILLING CODE 4510-26-P