[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 51006-51008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20171]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]


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 Occupational Safety and Health 
Administration's final decision expanding the recognition of Intertek 
Testing Services NA, Inc., (ITSNA) as a Nationally Recognized Testing 
Laboratory under 29 CFR 1910.7.

DATES: The expansion of recognition becomes effective on August 29, 
2008.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, 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.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that it is expanding 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.gov/dts/otpca/nrtl/its.html.
    OSHA recognition of an 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 approved 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. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages can be 
accessed from the Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    In an earlier action involving ITSNA, OSHA issued a Federal 
Register notice modifying its recognition, along with the recognition 
of other NRTLs, by replacing or deleting test standards that standards-
developing organizations previously revised or withdrew (70 FR 11273, 
March 8, 2005). In a subsequent Federal Register notice, OSHA granted 
ITSNA's most recent application, which was for an expansion of 
recognition (68 FR 62479, November 4, 2003).
    ITSNA submitted an application, dated August 25, 2005, (see Exhibit 
48-1, as cited in the preliminary notice) to expand its recognition to 
include 56 additional test standards. One standard, however, is already 
included in ITSNA's scope and another has been withdrawn by the 
standards-developing organization. The NRTL Program staff has 
determined that the remaining 54 standards are ``appropriate test 
standards'' within the meaning of 29 CFR 1910.7(c). In connection with 
the expansion, OSHA staff performed an onsite visit of the NRTL's 
Cortland site

[[Page 51007]]

(its headquarters facility) in May 2006. Based on this visit, the staff 
recommends expansion of the ITSNA recognition to include the 54 test 
standards (see Exhibit 48-4). Therefore, OSHA is approving these 54 
test standards for the expansion.
    Based on this review, OSHA published a preliminary notice 
announcing the expansion application in the Federal Register on January 
28, 2008 (73 FR 4919). Comments were requested by February 12, 2008, 
but no comments were received in response to this notice. OSHA is now 
proceeding with this final notice to grant ITSNA's expansion 
application.
    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 N-2625, Washington, DC, 20210. Docket 
No. OSHA-2007-0039 (formerly NRTL1-89) contains all materials in the 
record concerning ITSNA's recognition.
    The current addresses of the ITSNA facilities (sites) already 
recognized by OSHA are:
ITSNA, Inc., 3933 U.S. Route 11, Cortland, New York 13045;
ITSNA, Inc., 1950 Evergreen Boulevard, Duluth, Georgia 30096;
ITSNA, Inc., 1365 Adams Court, Menlo Park, California 94025;
ITSNA, Inc., 70 Codman Hill Road, Boxborough, Massachusetts 01719;
ITSNA, Inc., 27611 LaPaz Road, Suite C, Laguna Niguel, California 
92677;
ITSNA, Inc., 8431 Murphy Drive, Middleton, Wisconsin 53562;
ITSNA, Inc., 7250 Hudson Blvd., Suite 100, Oakdale, Minnesota 55128;
ITSNA, Inc., 40 Commerce Way, Unit B, Totowa, New Jersey 07512;
ITSNA, Inc., 731 Enterprise Drive, Lexington, Kentucky 40510;
ITSNA Ltd., 1500 Brigantine Drive, Coquitlam, British Columbia V3K 7C1, 
Canada;
ITS Hong Kong Ltd., 2/F., Garment Centre, 576 Castle Peak Road, 
Kowloon, Hong Kong;
ITS Taiwan Ltd., 5F, No. 423, Ruiguang Rd., Neihu District, Taipei City 
114, Taiwan R.O.C.; and
ITSNA Sweden AB, Box 1103, S-164 22, Kista, Stockholm, Sweden.

Final Decision and Order

    NRTL Program staff examined ITSNA's application, the assessor's 
recommendation, and other pertinent information. Based upon this 
examination and the assessor's recommendation, OSHA finds that ITSNA 
has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the limitation and conditions listed below. 
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 of ITSNA's recognition to testing and 
certification of products for demonstration of conformance to the 
following test standards, each of which OSHA has determined is an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c):
UL 5B Strut-Type Channel Raceways and Fittings
UL 10A Tin-Clad Fire Doors
UL 30 Metal Safety Cans
UL 38 Manual Signaling Boxes for Fire Alarm Systems
UL 51 Power-Operated Pumps for Anhydrous Ammonia and LP-Gas
UL 58 Steel Underground Tanks for Flammable and Combustible Liquids
UL 80 Steel Tanks for Oil-Burner Fuels and Other Combustible Liquids
UL 92 Fire Extinguisher and Booster Hose
UL 125 Valves for Anhydrous Ammonia and LP-Gas (Other Than Safety 
Relief)
UL 132 Safety Relief Valves for Anhydrous Ammonia and LP-Gas
UL 144 LP-Gas Regulators
UL 193 Alarm Valves for Fire-Protection Service
UL 194 Gasketed Joints for Ductile-Iron Pipe and Fittings for Fire 
Protection Service
UL 252 Compressed Gas Regulators
UL 268 Smoke Detectors for Fire Alarm Signaling Systems
UL 268A Smoke Detectors for Duct Application
UL 346 Waterflow Indicators for Fire Protective Signaling Systems
UL 404 Gauges, Indicating Pressure, for Compressed Gas Service
UL 441 Gas Vents
UL 452 Antenna--Discharge Units
UL 486D Sealed Wire Connector Systems
UL 495 Power-Operated Dispensing Devices for LP-Gas
UL 515 Electrical Resistance Heat Tracing for Commercial and Industrial 
Applications
UL 521 Heat Detectors for Fire Protective Signaling Systems
UL 539 Single and Multiple Station Heat Alarms
UL 555S Smoke Dampers
UL 568 Nonmetallic Cable Tray Systems
UL 681 Installation and Classification of Burglar and Holdup Alarm 
Systems
UL 943B Appliance Leakage-Current Interrupters
UL 985 Household Fire Warning System Units
UL 1053 Ground-Fault Sensing and Relaying Equipment
UL 1058 Halogenated Agent Extinguishing System Units
UL 1062 Unit Substations
UL 1093 Halogenated Agent Fire Extinguishers
UL 1254 Pre-Engineered Dry Chemical Extinguishing System Units
UL 1322 Fabricated Scaffold Planks and Stages
UL 1412 Fusing Resistors and Temperature-Limited Resistors for Radio- 
and Television-Type Appliances
UL 1468 Direct Acting Pressure Reducing and Pressure Restricting Valves
UL 1681 Wiring Device Configurations
UL 1730 Smoke Detector Monitors and Accessories for Individual Living 
Units of Multifamily Residences and Hotel/Motel Rooms
UL 2085 Protected Aboveground Tanks for Flammable and Combustible 
Liquids
UL 2129 Halocarbon Clean Agent Fire Extinguishers
UL 2388 Flexible Lighting Products
UL 60335-2-8 Household and Similar Electrical Appliances, Part 2: 
Particular Requirements for Shavers, Hair Clippers, and Similar 
Appliances
UL 60947-1 Low-Voltage Switchgear and Controlgear--Part 1: General 
Rules
UL 60947-7-1 Low-Voltage Switchgear and Controlgear--Part 7-1: 
Ancillary Equipment--Terminal Blocks for Copper Conductors
UL 60947-7-2 Low-Voltage Switchgear and Controlgear--Part 7-2: 
Ancillary Equipment--Protective Conductor Terminal Blocks for Copper 
Conductors
UL 60947-7-3 Low-Voltage Switchgear and Controlgear--Part 7-3: 
Ancillary Equipment--Safety Requirements for Fuse Terminal Blocks
UL 61010A-2-010 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for the Heating of 
Materials
UL 61010A-2-041 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves Using Steam for the Treatment of 
Medical Materials and for Laboratory Processes
UL 61010A-2-042 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves and Sterilizers Using

[[Page 51008]]

Toxic Gas for the Treatment of Medical Materials, and for Laboratory 
Processes
UL 61010A-2-051 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for Mixing and 
Stirring
UL 61010A-2-061 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Atomic Spectrometers with 
Thermal Atomization and Ionization
UL 61010B-2-031 Electrical Equipment for Measurement, Control, and 
Laboratory Use; Part 2: Particular Requirements for Hand-Held Probe 
Assemblies for Electrical Measurement and Test

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    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, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    Test standards listed above may be approved as an American National 
Standard by the American National Standards Institute (ANSI). However, 
for convenience, we use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. 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. You may contact ANSI to find 
out whether a test standard is currently ANSI-approved.

Conditions

    ITSNA must also abide by the following conditions of the 
recognition, in addition to those conditions already required by 29 CFR 
1910.7:
    OSHA must be allowed access to ITSNA's facilities and records to 
ascertain continuing compliance with the terms of its recognition and 
to perform investigations 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 test standard-
developing organization of this concern and provide that organization 
with appropriate relevant information upon which its concern is 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 
applies, and also clearly indicating 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 of these 
changes;
    ITSNA will meet all the terms of its recognition and will always 
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 20th day of August, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-20171 Filed 8-28-08; 8:45 am]
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