[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51156-51157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17883]


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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

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the 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 
August 19, 2022.

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; telephone (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, U.S. Department of Labor; telephone 
(202) 693-2110 or email [email protected].

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 a NRTL. 
ITSNA's expansion covers 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 an application by a NRTL for initial 
recognition and for an expansion or renewal of this

[[Page 51157]]

recognition, following requirements in Appendix A, 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 the preliminary finding. In the 
second notice, the agency provides the 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 http://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA submitted an application dated November 23, 2021, (OSHA-2007-
0039-0035), to expand their recognition to include one additional test 
standard. The standard requested in the expansion application and 
addressed here is a replacement standard for ISA 12.12.01, which is 
currently included in ITSNA's NRTL Scope of Recognition. OSHA staff 
performed detailed analysis of the application packets and reviewed 
other pertinent information. 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 June 17, 2022 (87 FR 36539). The 
agency requested comments by July 5, 2022, but it received no comments 
in response to this notice. OSHA is now proceeding with this final 
grant of expansion of ITSNA's NRTL recognition.
    To obtain or review copies of all public documents pertaining to 
ITSNA's expansion application, go to http://www.regulations.gov or 
contact the Docket Office, Occupational Safety and Health 
Administration, U.S. Department of Labor. Docket No. OSHA-2007-0039 
contains all materials in the record concerning ITSNA's recognition. 
Please note: Due to the COVID-19 pandemic, the Docket Office is closed 
to the public at this time but can be contacted at (202) 693-2350.

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 limitations and conditions listed in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
ITSNA's expanded scope of recognition. OSHA limits the expansion of 
ITSNA's recognition to testing and certification of products for 
demonstration of conformance to the test standard listed below in Table 
1.

Table 1--List of 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.
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    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, a 
NRTL's scope of recognition does not include these products.

A. Conditions

    Recognition is contingent on continued compliance with 29 CFR 
1910.7, including, but not limited to, abiding 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 a 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 as a NRTL, subject to the limitations and 
conditions specified above.

III. Authority and Signature

    James S. Frederick, Deputy 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 Section 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 August 5, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-17883 Filed 8-18-22; 8:45 am]
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