[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Notices]
[Pages 37026-37028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15632]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-89]


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

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

ACTION: Notice.

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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. In an 
unrelated matter, this notice also announces the voluntary withdrawal 
of recognition of the Intertek Testing Services NA, Inc., site located 
in Antioch, California.

DATES: You may submit comments in response to the expansion application 
portion of 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 July 7, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by July 7, 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 July 7, 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 Web 
page 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 Web page. Please contact 
the OSHA Docket Office at (202) 693-2350 for information about 
materials not available through the OSHA Web page and for assistance in 
using the Web page 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: Sherrey Nicolas or 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 recognition as a Nationally Recognized 
Testing Laboratory (NRTL). ITSNA's expansion request covers the

[[Page 37027]]

use of 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 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, which became effective on March 
25, 2003 (68 FR 14430).
    The current address of the ITSNA facilities already recognized by 
OSHA are:

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 Lexington, 731 Enterprise Drive, Lexington, Kentucky 40510
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

    As addressed later in this notice, one site is being withdrawn from 
recognition and is excluded from the listing of sites above.

General Background on the Application

    ITSNA has submitted an application, dated June 3, 2002 (see Exhibit 
43), to expand its recognition to use 141 additional test standards. 
The NRTL Program staff has determined that 94 of the 141 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 47 test standards for the expansion, 
which are listed below. Processing of this request was delayed by OSHA, 
in part, through no fault of the NRTL.
    ITSNA seeks recognition for testing and certification of products 
for demonstration of conformance to the following 47 additional test 
standards.
ANSI Z21.69 Connectors for Movable Gas Appliances
ANSI Z21.86 Vented Gas-Fired Space Heating Appliance
ANSI Z21.88 Vented Gas Fireplace Heaters
UL 6A Electrical Rigid Metal Conduit--Aluminum, Bronze, and Stainless 
Steel
ANSI/NFP 11 Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 11A Medium- and High-Expansion Foam Systems
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems
ANSI/NFPA 20 Installation of Stationary Pumps for Fire Protection
UL 497C Protectors for Coaxial Communications Circuits
UL 498A Current Taps and Adapters
UL 508A Industrial Control Equipment
UL 514D Cover Plates for Flush-Mounted Wiring Devices
UL 536 Flexible Metallic Hose
UL 698A Industrial Control Panels Relating to Hazardous (Classified) 
Locations
UL 789 Indicator Posts for Fire-Protection Service
UL 797A Electrical Metallic Tubing--Aluminum
UL 963 Sealing, Wrapping, and Marking Equipment
UL 1425 Cables for Non-Power-Limited Fire-Alarm Circuits
UL 1434 Thermistor-Type Devices
UL 1653 Electrical Nonmetallic Tubing
UL 1655 Community-Antenna Television Cables
UL 1682 Plugs, Receptacles, and Cable Connectors, of the Pin and Sleeve 
Type
UL 1699 Arc-Fault Circuit-Interrupters
UL 1741 Inverters, Converters, and Controllers for Use in Independent 
Power Systems
UL 1887 Fire Test of Plastic Sprinkler Pipe for Flame and Smoke 
Characteristics
UL 2017 \1\ General Purpose Signaling Devices and Systems
UL 2089 \2\ Vehicle Battery Adapters
UL 2125 Motor-Operated Air Compressors for Use in Sprinkler Systems
UL 2127 Inert Gas Clean Agent Extinguishing System Unit
UL 2166 Halocarbon Clean Agent Extinguishing System Units
UL 2202 Electric Vehicle (EV) Charging System Equipment
UL 2227 Overfilling Prevention Devices
UL 60335-2-34 Household and Similar Electrical Appliances, Part 2; 
Particular Requirements for Motor-Compressors
UL 60730-2-4 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Thermal Motor Protectors for 
Motor Compressors or Hermetic and Semi-Hermetic Type
UL 60730-2-9 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Temperature Sensing Controls
UL 60730-2-6 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Automatic Electrical Pressure 
Sensing Controls Including Mechanical Requirements
UL 60730-2-10A Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electrically-Operated Motor 
Starting Relays

[[Page 37028]]

UL 60730-2-11A Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Energy Regulators
UL 60730-2-12A Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electrically-Operated Doors
UL 60730-2-13A Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Humidity Sensing Controls
UL 60730-2-14 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electric Actuators
UL 61010A-2-020 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Centrifuges
UL 61010C-1 Process Control Equipment
UL 61058-1 Switch for Appliances

    \1\ This standard is approved for testing and certification of 
vehicle battery adaptors for use within recreational vehicles and 
mobile homes.
    \2\ Limited to electrical portions only.

    Note: Testing and certification of gas operated equipment is 
limited to equipment for use with ``liquefied petroleum gas'' 
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(``LPG'' or ``LP-Gas'').


    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 536) for the standard, 
as opposed to the ANSI designation (e.g., ANSI/UL 536). Under our 
procedures, any NRTL recognized for an ANSI-approved test standard may 
use either the latest proprietary version 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 this current expansion. 
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 an 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 did not perform an on-site review (evaluation) of ITSNA. However, 
an OSHA NRTL Program assessor reviewed information pertinent to this 
request and recommended that ITSNA be granted the expansion (see 
Exhibit 45).
    Following a review of the application file, the assessor's 
recommendation, and other pertinent information, the NRTL Program staff 
has concluded that OSHA can grant to ITSNA the expansion of recognition 
to include 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 1910.7. OSHA will publish a public notice of this 
final decision in the Federal Register.

Notice of Voluntary Termination

    ITSNA has requested that OSHA withdraw the recognition of the 
NRTL's site located in Antioch, California (see Exhibit 44). This 
withdrawal is effective immediately, and OSHA will take no further 
action on it. OSHA recognized this site for ITSNA on December 1, 1997 
(62 FR 63562), although at the time it was located in Pittsburg, 
California. Under section II.D of Appendix A to 29 CFR 1910.7, OSHA 
must ``inform the public of any voluntary termination by Federal 
Register notice.'' This action is unrelated to our preliminary finding 
on the ITSNA expansion request. We include it herein only for 
convenience in processing.

    Signed at Washington, DC, this 11th day of June, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-15632 Filed 6-19-03; 8:45 am]
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