[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63226-63229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22085]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]


Intertek Testing Services NA, Inc.: Application for Expansion of 
Recognition and Proposed Modification to the NRTL Program's List of 
Appropriate Test Standards

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

ACTION: Notice.

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[[Page 63227]]

SUMMARY: In this notice, OSHA announces the application of Intertek 
Testing Services NA, Inc. for expansion of its recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
Agency's preliminary finding to grant the application. Additionally, 
this notice proposes to add a new recognized testing standard to the 
NRTL Program's List of Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before September 29, 2016.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0039, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2007-0039). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before September 29, 2016 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing 
notice that Intertek Testing Services NA, Inc. (ITSNA), is applying for 
expansion of its current recognition as an NRTL. ITSNA requests the 
addition of thirty (30) test standards to its NRTL scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The Agency processes applications by an NRTL for initial 
recognition and for an 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. 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, 
including ITSNA, which details the NRTL's scope of recognition. These 
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA currently has fourteen facilities (sites) recognized by OSHA 
for product testing and certification, with its headquarters located 
at: Intertek Testing Services NA, Inc., 545 East Algonquin Road, Suite 
F, Arlington Heights, Illinois 60005. A complete list of ITSNA's scope 
of recognition is available at https://www.osha.gov/dts/otpca/nrtl/its.html.

II. General Background on the Application

    ITSNA submitted an application, dated June 3, 2015 (OSHA-2007-0039-
0020), to expand its recognition to include 30 additional test 
standards. OSHA staff performed a detailed analysis of the application 
packet and reviewed other pertinent information and preliminarily 
determined that OSHA should grant the application to expand ITSNA's 
recognition to include twenty-eight (28) of the 30 requested standards. 
OSHA did not perform any on-site reviews in relation to this 
application.
    Table 1 below lists the appropriate test standards found in ITSNA's 
application for expansion for testing and certification of products 
under the NRTL Program.

[[Page 63228]]



  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                    ITSNA's NRTL Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
ISA 60079-0..................  Explosive Atmospheres--Part 0: Equipment--
                                General Requirements.
UL 60079-0...................  Explosive Atmospheres--Part 0: Equipment--
                                General Requirements.
ISA 61241-0..................  Electrical Apparatus for Use in Zone 20,
                                Zone 21, and Zone 22 Hazardous
                                (Classified) Locations--General
                                Requirements.
ISA 60079-1..................  Explosive Atmospheres--Part 1: Equipment
                                Protection by Flameproof Enclosures
                                ``d''.
UL 60079-1...................  Explosive Atmospheres--Part 1: Equipment
                                Protection by Flameproof Enclosures
                                ``d''.
ISA 60079-2..................  Explosive Atmospheres--Part 2: Equipment
                                Protection by Pressurized Enclosures
                                ``p''.
UL 60079-2...................  Explosive Atmospheres--Part 2: Equipment
                                Protection by Pressurized Enclosures
                                ``p''.
NFPA 496.....................  Purged and Pressurized Enclosures for
                                Electrical Equipment.
ISA 61241-2..................  Electrical Apparatus for Use in Zone 21
                                and Zone 22 Hazardous (Classified)
                                Locations--Protection by Pressurication
                                ``pD''.
ISA 60079-5..................  Explosive Atmospheres--Part 5: Equipment
                                Protection by Powder Filling ``q''.
UL 60079-5...................  Explosive Atmospheres--Part 5: Equipment
                                Protection by Powder Filling ``q''.
ISA 60079-6..................  Explosive Atmospheres--Part 6: Equipment
                                Protection by Liquid Immersion ``o''.
UL 60079-6...................  Explosive Atmospheres--Part 6: Equipment
                                Protection by Liquid Immersion ``o''.
ISA 60079-7..................  Explosive Atmospheres--Part 7: Equipment
                                Protection by Increased Safety ``e''.
UL 60079-7...................  Explosive Atmospheres--Part 7: Equipment
                                Protection by Increased Safety ``e''.
ISA 60079-11.................  Explosive Atmospheres--Part 11: Equipment
                                Protection by Intrinsic Safety ``i''.
UL 60079-11..................  Explosive Atmospheres--Part 11: Equipment
                                Protection by Intrinsic Safety ``i''.
ISA 60079-25 *...............  Explosive Atmospheres--Part 25:
                                Intrinsically Safe Electrical Systems.
ISA 60079-28.................  Explosive Atmospheres--Part 28:
                                Protection of Equipment and Transmission
                                Systems Using Optical Radiation, Edition
                                1.1.
ISA 61241-11.................  Electrical Apparatus for Use in Zone 20,
                                Zone 21, and Zone 22 Hazardous
                                (Classified) Locations--Protection by
                                Intrinsic Safety ``iD''.
ISA 60079-15.................  Explosive Atmospheres--Part 15: Equipment
                                Protection by Type of Protection ``n''
                                (Edition 4).
UL 60079-15..................  Explosive Atmospheres--Part 15: Equipment
                                Protection by Type of Protection ``n''.
ISA 60079-18.................  Explosive Atmospheres--Part 18: Equipment
                                Protection by Encapsulation ``m''.
UL 60079-18..................  Explosive Atmospheres--Part 18: Equipment
                                Protection by Encapsulation ``m''.
ISA 61241-18.................  Electrical Apparatus for Use in Zone 20,
                                Zone 21, and Zone 22 Hazardous
                                (Classified) Locations--Protection by
                                Encapsulation ``mD''.
ISA 60079-26.................  Explosive Atmospheres--Part 26: Equipment
                                for Use in Class I, Zone 0 Hazardous
                                (Classified) Locations.
ISA 60079-31.................  Explosive Atmospheres--Part 31: Equipment
                                Dust Ignition Protection by Enclosure
                                ``t''.
ISA 61241-1..................  Electrical Apparatus for Use in Zone 21
                                and Zone 22 Hazardous (Classified)
                                Locations--Protection by Enclosures
                                ``tD''.
------------------------------------------------------------------------
* Represents the standard that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL Program's List of Appropriate Test Standards following an 
evaluation of the test standard document. To qualify as an appropriate 
test standard, the Agency evaluates the document to (1) verify it 
represents a product category for which OSHA requires certification by 
an NRTL, (2) verify the document represents an end product and not a 
component, and (3) verify the document defines safety test 
specifications (not installation or operational performance 
specifications). OSHA becomes aware of new test standards through 
various avenues. For example, OSHA may become aware of new test 
standards to consider adding to the NRTL Program's List of Appropriate 
Standards by: (1) Monitoring notifications issued by certain SDOs; (2) 
reviewing applications by NRTLs or applicants seeking recognition to 
include a new test standard in their scopes of recognition; and (3) 
obtaining notification from manufacturers, manufacturing organizations, 
government agencies, or other parties. OSHA may determine to include a 
new test standard in the list, for example, if the test standard is for 
a particular type of product that another test standard also covers or 
it covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add a new test standard to the 
NRTL Program's List of Appropriate Test Standards. Table 1, below, 
lists the test standard that is new to the NRTL Program. OSHA 
preliminarily determined that this test standard is an appropriate test 
standard and proposes to include it in the NRTL Program's List of 
Appropriate Test Standards. OSHA seeks public comment on this 
preliminary determination.

 Table 1--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 60079-25..................  Explosive Atmospheres--Part 25:
                                Intrinsically Safe Electrical Systems.
------------------------------------------------------------------------


[[Page 63229]]

IV. Preliminary Findings on the Application

    ITSNA submitted an acceptable application for expansion of its 
scope of recognition. OSHA's review of the application file, and 
pertinent documentation, indicate that ITSNA can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding its recognition to include 
the addition of these 28 test standards for NRTL testing and 
certification listed above. This preliminary finding does not 
constitute an interim or temporary approval of ITSNA's application.
    OSHA welcomes public comment as to whether ITSNA meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as an 
NRTL.
    Comments sent in response to this notice should consist of 
pertinent written documents and exhibits. Commenters needing more time 
to comment must submit a request in writing, stating the reasons for 
the request. Commenters must submit the written request for an 
extension by the due date for comments. OSHA will limit any extension 
to 10 days unless the requester justifies a longer period. OSHA may 
deny a request for an extension if the request is not adequately 
justified. To obtain or review copies of the exhibits identified in 
this notice, as well as comments submitted to the docket, contact the 
Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0039.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend to the Assistant Secretary for Occupational 
Safety and Health whether to grant ITSNA's application for expansion of 
its scope of recognition. The Assistant Secretary will make the final 
decision on granting the application. In making this decision, the 
Assistant Secretary may undertake other proceedings prescribed in 
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the 
Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 9, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-22085 Filed 9-13-16; 8:45 am]
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