[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Notices]
[Pages 583-586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-122]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-89]


Intertek Testing Services, NA, Inc., Application for Expansion of 
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: This notice announces the application of Intertek Testing 
Services, NA, Inc., for expansion of its recognition as a Nationally 
Recognized Testing Laboratory under 29 CFR 1910.7, and presents the 
Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of this application.


[[Page 584]]



DATES: You may submit comments in response to this notice, or any 
request for extension of the time to comment, by (1) regular mail, (2) 
express or overnight delivery service, (3) hand delivery, (4) messenger 
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of 
comments by regular mail. Comments (or any request for extension of the 
time to comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by January 21, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by January 21, 2003. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by January 21, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket NRTL1-89, Room N-2625, U.S. 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA 
Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket 
NRTL1-89, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Webpage 
http://www.osha.gov. Accordingly, OSHA cautions you about submitting 
information of a personal nature (e.g., social security number, date of 
birth). There may be a lag time between when comments and submissions 
are received and when they are placed on the Webpage. Please contact 
the OSHA Docket Office at (202)693-2350 for information about materials 
not available through the OSHA Webpage and for assistance in using the 
Webpage to locate docket submissions. Comments and submissions will 
also be available for inspection and copying at the OSHA Docket Office 
at the address above.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
address shown immediately above for the program, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION: 

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that Intertek Testing Services, NA, Inc. (ITSNA), has 
applied for expansion of its current recognition as a Nationally 
Recognized Testing Laboratory (NRTL). ITSNA's expansion request covers 
the use of an additional testing site and additional test standards. 
OSHA's current scope of recognition for ITSNA may be found in the 
following informational web page: http://www.osha-slc.gov/dts/otpca/nrtl/its.html.
    OSHA recognition of any NRTL signifies that the organization has 
met the legal requirements in Section 1910.7 of Title 29, Code of 
Federal Regulations (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 ``properly 
certified'' by the NRTL to meet OSHA standards that require testing and 
certification.
    The Agency processes applications for initial recognition or for 
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 an application. These notices set forth 
the NRTL's scope of recognition or modifications of this scope. We 
maintain an informational web page for each NRTL, which details its 
scope of recognition. These pages can be accessed from our Web site at 
http://www.osha-slc.gov/dts/otpca/nrtl/index.html.
    The most recent notices published by OSHA for ITSNA's recognition 
covered an expansion of recognition to include an additional site, 
which became effective on January 28, 2002 (67 FR 3912).
    The current address of the ITSNA facilities already recognized by 
OSHA are:

ITSNA Antioch, 2200 Wymore Way, Antioch, California 94509
ITSNA Atlanta, 1950 Evergreen Blvd., Suite 100, Duluth, Georgia 30096
ITSNA Boxborough, 70 Codman Hill Road, Boxborough, Massachusetts 01719
ITSNA Cortland, 3933 U.S. Route 11, Cortland, New York 13045
ITSNA Los Angeles, 27611 LaPaz Road, Suite C, Laguna Niguel, California 
92677
ITSNA Madison, 8431 Murphy Drive, Middleton, Wisconsin 53562
ITSNA Minneapolis, 7250 Hudson Blvd., Suite 100, Oakdale, Minnesota 
55128
ITSNA San Francisco, 1365 Adams Court, Menlo Park, CA 94025
ITSNA Sweden AB, Box 1103, S-164 22, Kista, Stockholm, Sweden
ITSNA Totowa, 40 Commerce Way, Unit B, Totowa, New Jersey 07512
ITSNA Vancouver, 211 Schoolhouse Street, Coquitlam, British Columbia, 
V3K 4X9 Canada
ITSNA Hong Kong, 2/F., Garment Centre, 576 Castle Peak Road, Kowloon, 
Hong Kong
ITSNA Taiwan, 14/F., Huei Fung Building, 27, Chung Shan North Road, 
Sec. 3, Taipei 10451, Taiwan

    The current address of the additional ITSNA testing site covered by 
the expansion application is:
ITSNA Lexington, 731 Enterprise Drive, Lexington, Kentucky 40510

General Background on the Applications

    ITSNA has submitted an application, dated February 16, 2001 (see 
Exhibit 39), to expand its recognition to use 54 additional test 
standards and a site located in Lexington, Kentucky. The NRTL Program 
staff has determined that 13 of the 54 test standards cannot be 
included in the expansion because they either are not ``appropriate 
test standards,'' within the meaning of 29 CFR 1910.7(c), or are 
already included in ITSNA's scope. The staff makes similar 
determinations in processing expansion requests from any NRTL. 
Therefore, OSHA would approve 41 test standards for the expansion, 
which are listed below (see Expansion for Standards section).

Expansion for Additional Site

    The application for the additional site contains information 
demonstrating that

[[Page 585]]

there are adequate procedures, equipment, and personnel to perform 
product safety testing. Those procedures are in general use throughout 
ITSNA's testing operations. Also, the application information shows 
that Lexington is wholly-owned and operated by ITSNA.
    The NRTL Program staff performed an on-site review (assessment) of 
the facility on October 15-17, 2001. In the on-site review report, 
dated December 10, 2001 (see Exhibit 40), the program staff recommended 
a ``positive finding,'' which means a positive recommendation on the 
recognition to the Assistant Secretary. However, the Agency delayed 
processing of the applications pending resolution of certain findings 
made by OSHA during its audits of other ITSNA sites already recognized. 
The NRTL Program staff obtained information in October 2002, which 
resolved these findings, and determined that OSHA may proceed with 
processing the application.
    OSHA's recognition of the additional site would not be limited to 
any particular test standards. However, recognition of this site would 
be limited to performing product testing only to the test standards for 
which the site has the proper capability and programs, and for which 
OSHA has recognized ITSNA. This treatment is consistent with the 
recognition that OSHA has granted to other NRTLs that operate multiple 
sites. The Agency would not recognize the site to issue certifications 
under ITSNA's NRTL operations. Currently, ITSNA issues such 
certifications only at specific sites listed above, and OSHA must 
review and accept the Lexington site before ITSNA issues certifications 
there. In addition, OSHA would permit the site to use all eight of the 
``supplemental'' programs. ITSNA's scope of recognition already 
includes these programs.
    OSHA has described the ``supplemental'' programs referred to above 
in a March 9, 1995, Federal Register notice (60 FR 12980, 3/9/95). This 
notice described nine (9) programs and procedures (collectively, 
programs), eight of which (the ``supplemental programs'') any NRTL may 
use to control, audit, and accept the data relied upon for product 
certification. Such data is not normally generated at the NRTL's 
facility or by NRTL personnel. The notice also includes the criteria 
for the use by the NRTL of these eight, or supplemental, programs. Any 
NRTL's initial recognition will always include the first or basic 
program, which provides that all product testing and evaluation be 
performed in-house by the NRTL that will certify the product. OSHA does 
not consider these programs in determining whether any NRTL meets the 
requirements for recognition under 29 CFR 1910.7. However, these 
programs help to define the scope of that recognition.

Expansion for Additional Standards

    ITSNA also seeks recognition for testing and certification of 
products for demonstration of conformance to the following 41 test 
standards, and OSHA has determined the standards are ``appropriate,'' 
within the meaning of 29 CFR 1910.7(c).

ANSI A17.5 Elevators and Escalator Electrical Equipment
ANSI C37.23* Metal Enclosed Bus and Calculating Losses in Isolated-
Phase Bus
ANSI ICS 2 Industrial Control Devices, Controllers and Assemblies
ANSI S82.02.02 Electrical Equipment for Measurement, Control, and 
Laboratory Use
ANSI Z8.1 Commercial Laundry and Dry-cleaning Operations-Safety 
Requirements
ANSI Z21.1b Household Cooking Gas Appliances
ANSI Z21.19 Refrigerators Using Gas Fuel
ANSI Z21.22 Relief Valves and Automatic Gas Shutoff Devices for Hot 
Water Supply Systems
ANSI Z21.41 Quick-Disconnect Devices for Use with Gas Fuel
ANSI Z21.42 Gas-Fired Illuminating Appliances
ANSI Z21.45 Flexible Connectors of Other Than All-Metal Construction 
for Gas Appliances
ANSI Z21.54 Gas Hose Connectors for Portable Outdoor Gas-Fired 
Appliances
ANSI Z21.61 Gas-Fired Toilets
ANSI Z21.66 Automatic Vent Damper Devices for Use With Gas-Fired 
Appliances Electrically Operated
ANSI Z21.69 Connectors for Movable Gas Appliances
ANSI Z21.73 Portable Type Gas Camp Lights
ANSI Z21.74 Portable Refrigerators for Use With HD-5 Propane Gas
ANSI Z21.76 Gas-Fired Unvented Catalytic Room Heaters for Use With 
Liquefied Petroleum (LP) Gases
UL 14B Sliding Hardware for Standard, Horizontally Mounted Tin-Clad 
Fire Doors
UL 14C Swinging Hardware for Standard Tin-Clad Fire Doors Mounted 
Singly or In Pairs
UL 142 Steel Aboveground Tanks for Flammable and Combustible Liquids
UL 147 Hand-Held Torches for Fuel Gases
UL 155 Tests of Fire Resistance of Vault and File Room Doors
UL 305 Panic Hardware
UL 331 Strainers for Flammable Fluids and Anhydrous Ammonia
UL 555 Fire Dampers
UL 636 Holdup Alarm Units and Systems
UL 746A Polymeric Materials--Short Term Property Evaluations
UL 746B Polymeric Materials--Long Term Property Evaluations
UL 746E Polymeric Materials--Industrial Laminates, Filament Wound 
Tubing, Vulcanized Fibre, and Materials Used in Printed Wiring Boards
UL 896 Oil-Burning Stoves
UL 1010 Receptacle-Plug Combinations for Use in Hazardous (Classified) 
Locations
UL 1034 Burglary Resistant Electric Locking Mechanisms
UL 1088 Temporary Lighting Strings
UL 1241 Junction Boxes for Swimming Pool Lighting Fixtures
UL 1242 Intermediate Metal Conduit
UL 1610 Central-Station Burglar-Alarm Units
UL 1637 Home Health Care Signaling Equipment
UL 2200 Stationary Engine Generator Assemblies
FMRC3260 Flame Radiation Detectors for Automatic Fire Alarm Signaling
UL 603351 Safety of Household and Similar Electrical Appliances, Part 
1; General Requirements

    [sbull] This standard is approved for equipment or materials 
intended for use in commercial and industrial power system 
applications. This standard is not approved for equipment or materials 
intended for use in installations that are excluded from the provisions 
of Subpart S in 29 CFR 1910 by 1910.302(a)(2).
    OSHA's recognition of ITSNA, or any NRTL, for a particular test 
standard is limited to equipment or materials (i.e., products) for 
which OSHA standards require third party testing and certification 
before use in the workplace. Consequently, any NRTL's scope of 
recognition excludes any product(s) that fall within the scope of a 
test standard, but for which OSHA standards do not require NRTL testing 
and certification.
    Many of the UL test standards listed above also are approved as 
American National Standards by the American National Standards 
Institute (ANSI). However, for convenience, we use the designation of 
the standards developing organization (e.g., UL 1004) for the standard, 
as opposed to the ANSI designation (e.g., ANSI/UL 1004). Under our 
procedures, any NRTL recognized for an ANSI-approved test standard may 
use either the latest proprietary version

[[Page 586]]

of the test standard or the latest ANSI version of that standard. 
(Contact ANSI or the ANSI web site (http://www.ansi.org) and click 
``NSSN'' to find out whether or not a test standard is currently ANSI-
approved.)

Existing Conditions

    Currently, OSHA imposes the following conditions on its recognition 
of ITSNA.These conditions would apply also to the recognition of the 
Lexington site. As mentioned in previous notices, these conditions 
apply solely to ITSNA's NRTL operations and are in addition to any 
other condition that OSHA normally imposes in its recognition of an 
organization as any NRTL. These conditions are listed in this notice 
mainly for information.
    (1) ITSNA may perform safety testing for hazardous location 
products only at the specific ITSNA sites that OSHA has recognized, and 
that have been pre-qualified for such testing by the ITSNA Chief 
Engineer. In addition, all safety test reports for hazardous location 
products must undergo a documented review and approval at the Cortland 
testing facility by a test engineer qualified in hazardous location 
safety testing, prior to ITSNA's initial or continued authorization of 
the certifications covered by these reports.
    (2) ITSNA may not test and certify any products for a client that 
is a manufacturer or vendor that is either owned in excess of 2% by 
ITSLtd or affiliated organizationally with ITSNA.

Preliminary Finding

    ITSNA has submitted an acceptable request for expansion of its 
recognition. As previously mentioned, in connection with the request, 
OSHA has performed an on-site review (evaluation) of the ITSNA 
Lexington, Kentucky, facility (site). ITSNA has addressed the 
discrepancies noted by the assessors following the review, and the 
assessors included the resolution in the on-site review report (see 
Exhibit 40).
    Following a review of the application file, the on-site review 
report, and other pertinent information, the NRTL Program staff has 
concluded that OSHA can grant to ITSNA the expansion of recognition to 
include the Lexington, Kentucky, site and the test standards listed 
above, subject to the conditions as noted. The staff therefore 
recommended to the Assistant Secretary that the application be 
preliminarily approved.
    Based upon the recommendations of the staff, the Assistant 
Secretary has made a preliminary finding that Intertek Testing 
Services, NA, Inc., can meet the requirements as prescribed by 29 CFR 
1910.7 for the expansion of recognition, subject to the above 
conditions. This preliminary finding, however, does not constitute an 
interim or temporary approval of the applications for ITSNA.
    OSHA welcomes public comments, in sufficient detail, as to whether 
ITSNA has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. To 
consider a comment, OSHA must receive it at the address provided above 
(see ADDRESSES), no later than the last date for comments (see DATES 
above). Should you need more time to comment, OSHA must receive your 
written request for extension at the address provided above no later 
than the last date for comments. You must include your reason(s) for 
any request for extension. OSHA will limit any extension to 30 days, 
unless the requester justifies a longer period. We may deny a request 
for extension if it is frivolous or otherwise unwarranted. You may 
obtain or review copies of ITSNA's request, the on-site review report, 
and all submitted comments, as received, by contacting the Docket 
Office, Room N2625, Occupational Safety and Health Administration, U.S. 
Department of Labor, at the above address. Docket No. NRTL1-89 contains 
all materials in the record concerning ITSNA's application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant ITSNA's expansion request. The Assistant Secretary will make 
the final decision on granting the expansion, and in making this 
decision, may undertake other proceedings that are prescribed in 
Appendix A to 29 CFR Section 1910.7. OSHA will publish a public notice 
of this final decision in the Federal Register.

    Signed at Washington, DC this 4th day of December, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-122 Filed 1-3-03; 8:45 am]
BILLING CODE 4510-26-P