[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16035-16036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05279]


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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 March 30, 2023.

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. 
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.
    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 March 30, 2023 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-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 two test standards 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

[[Page 16036]]

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 an application, dated February 15, 2021 (OSHA-2007-
0039-0038), to expand the recognition to include two additional test 
standards. 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 standards found in 
ITSNA's application for expansion for testing and certification of 
products under the NRTL Program.

  Table 1--Proposed Appropriate Test Standards for Inclusion in ITSNA's
                        NRTL Scope of Recognition
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           Test standard                     Test standard title
------------------------------------------------------------------------
UL 61730-1........................  Photovoltaic (PV) Module Safety
                                     Qualification--Part 1: Requirements
                                     for Construction.
UL 61730-2........................  Photovoltaic (PV) Module Safety
                                     Qualification--Part 2: Requirements
                                     for Testing.
------------------------------------------------------------------------

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 indicates that ITSNA can meet the requirements 
prescribed by 29 CFR 1910.7 for expanding the recognition to include 
the addition of these two test standards 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.

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 March 8, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05279 Filed 3-14-23; 8:45 am]
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