[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36539-36541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13106]


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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

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Intertek 
Testing Services NA, Inc., for expansion of the recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant the application.

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 July 5, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at 
https://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the website. All submissions, 
including copyrighted material, are available for inspection through 
the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-
2350 (TTY (877) 889-5627) for assistance in locating docket 
submissions. Please note: While OSHA's docket office is continuing to 
accept and process submissions by regular mail, due to the COVID-19 
pandemic, the Docket Office is closed to the public and not able to 
receive submissions to the rulemaking record by express delivery, hand 
delivery, and messenger service.
    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 
https://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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before July 5, 2022 to the Office of Technical 
Programs and Coordination Activities, Directorate of Technical Support 
and

[[Page 36540]]

Emergency Management, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3653, 
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, phone: (202) 693-1999 or 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, phone: (202) 693-2110 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    OSHA is providing notice that Intertek Testing Services NA, Inc. 
(ITSNA), is applying for expansion of the current recognition as a 
NRTL. ITSNA requests the addition of one test standard to the NRTL 
scope of recognition.
    OSHA recognition of a 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 the 
scope of recognition. Each NRTL's scope of recognition includes: (1) 
the type of products the NRTL may test, with each type specified by the 
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 a 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 a preliminary finding. In the second notice, 
the agency provides a 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 website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA currently has thirteen facilities (sites) recognized by OSHA 
for product testing and certification, with the 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/nationally-recognized-testing-laboratory-program/its.

II. General Background on the Application

    ITSNA submitted one application, dated November 23, 2021 (OSHA-
2007-0039-0035), to expand the recognition to include one additional 
test standard. The standard requested in the expansion application is a 
replacement standard for ISA 12.12.01, which is currently included in 
ITSNA's NRTL scope of recognition. OSHA staff performed a detailed 
analysis of the application packet and reviewed other pertinent 
information. OSHA did not perform any on-site reviews in relation to 
this application.
    Table 1, below, lists the appropriate test standard found in 
ITSNA's application for expansion for testing and certification of 
products under the NRTL Program.

  Table 1--Proposed Appropriate Test Standard for Inclusion in ITSNA's
                        NRTL Scope of Recognition
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       Test standard                     Test standard title
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UL 121201..................  Nonincendive Electrical Equipment for Use
                              in Class I and Class II, Division 2 and
                              Class III, Divisions 1 and 2 Hazardous
                              (Classified) Locations.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    ITSNA submitted an acceptable application for expansion of the 
scope of recognition. OSHA's review of the application file, and 
pertinent documentation, indicate that ITSNA has met the requirements 
prescribed by 29 CFR 1910.7 for expanding the recognition to include 
the addition of the one test standard for NRTL testing and 
certification listed in Table 1. This preliminary finding does not 
constitute an interim or temporary approval of ITSNA's application.
    OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether ITSNA meets the 
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL. 
Comments 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 by the due date for 
comments. OSHA will limit any extension to 10 days unless the requester 
justifies a longer time period. OSHA may deny a request for an 
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well 
as comments submitted to the docket, contact the Docket Office, 
Occupational Safety and Health Administration, U.S. Department of 
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0039 (for further 
information, see the ``Docket'' heading in the section of this notice 
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
staff will make a recommendation to the Assistant Secretary of Labor 
for Occupational Safety and Health on whether to grant ITSNA's 
application for expansion of the 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 the final decision in the 
Federal Register.

[[Page 36541]]

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, 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. 8-2020 (85 FR 58393, 
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on June 10, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-13106 Filed 6-16-22; 8:45 am]
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