[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91204-91206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30287]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]


Intertek Testing Services NA, Inc.: Grant of Expansion of 
Recognition and 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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SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for Intertek Testing Services NA, Inc. as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
December 16, 2016.

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; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of Intertek Testing Services NA, Inc. (ITSNA), as an NRTL. 
ITSNA's expansion covers the addition of twenty-eight (28) test 
standards to its scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified by 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 approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    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 are 
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA submitted an application, received by OSHA on June 3, 2015, 
(OSHA-2007-0039-0020) to expand its recognition to include thirty (30) 
additional test standards. OSHA staff performed a detailed analysis of 
the application packet and reviewed other pertinent information and 
determined that OSHA should grant the application to expand ITSNA's 
recognition to include 28 of the 30 requested standards. OSHA did not 
perform any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing ITSNA's expansion 
application in the Federal Register on September 14, 2016 (81 FR 
63229). The Agency requested comments by September 29, 2016, but it 
received no comments in response to this notice. OSHA now is proceeding 
with this final notice to grant expansion of ITSNA's scope of 
recognition.

[[Page 91205]]

    To obtain or review copies of all public documents pertaining to 
ITSNA's application, go to www.regulations.gov or contact 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 contains all materials in the record 
concerning ITSNA's recognition.

II. Final Decision and Order

    OSHA staff examined ITSNA's expansion application, its capability 
to meet the requirements of the test standards, and other pertinent 
information. Based on its review of this evidence, OSHA finds that 
ITSNA meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the conditions listed below. OSHA, therefore, 
is proceeding with this final notice to grant ITSNA's scope of 
recognition. OSHA limits the expansion of ITSNA's recognition to 
testing and certification of products for demonstration of conformance 
to the test standards listed in Table 1 below.
    Additionally, Table 2, below, lists the test standard new to the 
NRTL Program's List of Appropriate Test Standards. The Agency evaluated 
the standard to (1) verify it represents a product category for which 
OSHA requires certification by an NRTL, (2) verify the document 
represents end products and not components, and (3) verify the document 
defines safety test specifications (not installation or operational 
performance specifications). Based on this evaluation, OSHA finds that 
it is an appropriate test standard and will add it to the NRTL 
Program's List of Appropriate Test Standards.

  Table 1--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 Pressurization ``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 a new test standard to the NRTL Program's List of
  Appropriate Test Standards.


   Table 2--Test Standard OSHA Is Adding 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.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, an 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized

[[Page 91206]]

for a particular test standard may use either the proprietary version 
of the test standard or the ANSI version of that standard. Contact ANSI 
to determine whether a test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
ITSNA must abide by the following conditions of the recognition:
    1. ITSNA must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. ITSNA must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. ITSNA must continue to meet the requirements for recognition, 
including all previously published conditions on ITSNA's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of ITSNA, subject to the limitation and conditions 
specified above.

III. 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 December 12, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-30287 Filed 12-15-16; 8:45 am]
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