[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Notices]
[Pages 62479-62481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27647]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-89]


Intertek Testing Services NA, Inc., Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision to approve 
an expansion of its recognition of Intertek Testing Services NA, Inc., 
(ITSNA) as a Nationally Recognized Testing Laboratory (NRTL) to include 
an additional 46 test standards. ITSNA is also approved to use one 
other test standard, ANSI/BHMA A156.3 Exit Devices, on an interim 
basis, subject to review.

DATES: Recognition: This recognition becomes effective on November 4, 
2003 and, unless modified in accordance with 29 CFR 1910.7, continues 
in effect while ITSNA remains recognized by OSHA as an NRTL. Comments 
on Interim Approval: Comments on the interim approval for test standard 
ANSI/BHMA A156.3 Exit Devices must be received no later than November 
19, 2003.

ADDRESSES: Submit comments on the interim approval for test standard 
ANSI/BHMA A156.3 Exit Devices 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.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet or Roy Resnick, Office 
of Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room N3653, Washington DC 20210, or 
phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of Intertek Testing 
Services NA, Inc., (ITSNA) as a Nationally Recognized Testing 
Laboratory (NRTL). ITSNA's expansion covers the 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 an NRTL signifies that the organization has met 
the legal requirements in Sec.  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 by an NRTL 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 the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope.
    ITSNA submitted an application, dated June 3, 2002 (see Exhibit 
43), to expand its recognition to use 141 additional test standards. 
The NRTL Program staff 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 approves 47 test standards for the expansion, which are 
listed below. However, one of these standards was inadvertently 
excluded from the listing published in the preliminary notice. 
Therefore, only 46 standards were listed even though the notice showed 
the total was 47. We are including this standard in the expansion as 
explained below under Interim Approval Subject to Review.
    In connection with ITSNA's expansion 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). OSHA delayed 
processing of this request, in part, through no fault of the NRTL.
    OSHA published the notice of its preliminary findings on the 
expansion request in the Federal Register on June 20, 2003 (68 FR 
37026). The notice requested submission of any public comments by July 
7, 2003. OSHA did not receive any comments pertaining to the 
application.
    The previous notices published by OSHA for ITSNA's recognition 
covered another expansion of recognition, which became effective on 
March 25, 2003 (68 FR 14430).
    You may obtain or review copies of all public documents pertaining 
to the ITSNA application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N2625, Washington, DC 20210. You should 
refer to Docket No. NRTL1-89, the permanent record of public 
information on ITSNA's recognition.
    The current addresses 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

Interim Approval Subject to Review

    As mentioned above, one of the test standards was inadvertently 
excluded from the listing of test standards in the preliminary notice. 
The standard is ANSI/BHMA A156.3 Exit Devices. Therefore, OSHA is 
expanding the recognition of ITSNA to include this standard. The total 
approved for the expansion remains at 47, the number mentioned in the 
preliminary notice. However, since this standard was not included in 
the preliminary notice, the Agency will provide interested parties an 
opportunity to comment. Comments submitted by interested parties must 
be received no later than November 19, 2003 at the address listed 
above. If we

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receive comments, OSHA will determine whether additional procedures are 
necessary.

Existing Conditions

    Currently, OSHA imposes certain conditions on its recognition of 
ITSNA. As mentioned in previous notices, these conditions continue to 
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. One condition refers to ``ITSLtd'', which 
represents Intertek Testing Services, Ltd., the parent company of 
ITSNA. For background as to why we imposed the condition, see 63 FR 
69676, December 17, 1998, and 66 FR 29178, May 29, 2001. We include 
these conditions in this notice mainly for information and list them 
first under the Conditions section below.

Final Decision and Order

    The NRTL Program staff has examined the application, the assessor's 
recommendation, and other pertinent information. Based upon this 
examination and the recommendation, OSHA finds that Intertek Testing 
Services NA, Inc., has met the requirements of 29 CFR 1910.7 for 
expansion of its recognition to include an additional 46 test standards 
subject to the limitation and conditions listed below, and one added 
standard subject to further review. Pursuant to the authority in 29 CFR 
1910.7, OSHA hereby expands the recognition of ITSNA, subject to this 
limitation and these conditions.

Limitation

    OSHA limits the expansion to testing and certification of products 
for demonstration of conformance to the following 46 test standards, 
and OSHA has determined the standards are appropriate within the 
meaning of 29 CFR 1910.7(c).

* ANSI/BHMA A156.3 Exit Devices [interim approval only]
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/NFPA 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
\1\ UL 2017 General Purpose Signaling Devices and Systems
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    \1\ This standard is approved for testing and certification of 
vehicle battery adaptors for use within recreational vehicles and 
mobile homes.
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\2\ UL 2089 Vehicle Battery Adapters
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    \2\ Limited to electrical portions only.
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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 60730-2-6 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Automatic Electrical Pressure 
Sensing Controls Including Mechanical Requirements
UL 60730-2-9 Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Temperature Sensing Controls
UL 60730-2-10A Automatic Electrical Controls for Household and Similar 
Use; Part 2: Particular Requirements for Electrically-Operated Motor 
Starting Relays
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


    Note: Testing and certification of gas operated equipment is 
limited to equipment for use with ``liquefied petroleum gas'' 
(``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

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out whether or not a test standard is currently ANSI-approved.)

Conditions

    Intertek Testing Services NA, Inc., must also abide by the 
following conditions of the recognition, in addition to those already 
required by 29 CFR 1910.7:
    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;
    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;
    ITSNA must have specific written testing procedures in place before 
testing products covered by any test standard for which it is 
recognized and must use these procedures in testing and certifying 
those products;
    OSHA must be allowed access to ITSNA's facilities and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If ITSNA has reason to doubt the efficacy of any test standard it 
is using under this program, it must promptly inform the organization 
that developed the test standard of this fact and provide that 
organization with appropriate relevant information upon which its 
concerns are based;
    ITSNA must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, ITSNA 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;
    ITSNA must 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;
    ITSNA will meet all the terms of its recognition and will comply 
with all OSHA policies pertaining to this recognition; and
    ITSNA will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 24th day of October, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-27647 Filed 11-3-03; 8:45 am]
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