[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47916-47918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15671]


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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 the final decision to expand 
the scope of recognition for Intertek Testing Service NA, Inc., as a 
Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA 
announces the final decision to add one test standard to the NRTL 
Program's List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes effective on 
July 25, 2023.

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) 693-2300 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 eighteen 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

[[Page 47917]]

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 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 two applications, one dated October 31, 2018 (OSHA-
2007-0039-0040), requesting the addition of twenty-three test standards 
to the NRTL scope of recognition and a second application, dated April 
24, 2020 (OSHA-2007-0039-0041), requesting the addition of seven test 
standards to the NRTL scope of recognition. The first application was 
amended on April 5, 2023, to remove five standards from the original 
request (OSHA-2007-0039-0042). The second application was amended on 
December 9, 2022, to remove four standards from the original request 
(OSHA-2007-0039-0043). The first application was revised again on May 
10, 2023, to remove three standards from the original application 
(OSHA-2007-0039-0045). This notice covers the remaining eighteen test 
standards across both applications. OSHA did not perform any on-site 
reviews in relation to these applications.
    OSHA published the preliminary notice announcing ITSNA's expansion 
application in the Federal Register on May 24, 2023 (88 FR 33651). The 
agency requested comments by June 8, 2023, 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 
the ITSNA applications, 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. All submissions, 
including copyrighted material, are available for inspection through 
the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-
2350 for assistance in locating docket submissions.

II. Final Decision and Order

    OSHA staff examined ITSNA's expansion applications, 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 standards listed below in 
Table 1.

 Table 1--Appropriate Test Standards for Inclusion in ITSNA's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 283.......................  Air Fresheners and Deodorizers.
UL 1340......................  Hoists.
UL 1598C.....................  Standard for Light Emitting Diode (LED)
                                Retrofit Luminaire Conversion Kits.
UL 2208......................  Solvent Distillation Units.
UL 3730 *....................  Standard for Photovoltaic Junction Boxes.
UL 4703......................  Standard for Photovoltaic Wire.
UL 60335-2-40................  Household and Similar Electrical
                                Appliances, Part 2: Particular
                                Requirements for Electrical Heat Pumps,
                                Air-Conditioners and Dehumidifiers.
UL 60079-25..................  Explosive Atmospheres--Part 25:
                                Intrinsically Safe Electrical Systems.
UL 60079-28..................  Standard for Explosive Atmospheres--Part
                                28: Protection of Equipment and
                                Transmission Systems Using Optical
                                Radiation.
UL 60079-31..................  Standard for Explosive Atmospheres--Part
                                31: Equipment Dust Ignition Protection
                                Enclosure ``t''.
UL 60730-1...................  Automatic Electrical Controls--Part 1:
                                General Requirements.
UL 60730-2-5.................  Automatic Electrical Controls for
                                Household and Similar Use--Part 2-5:
                                Particular Requirements for Laboratory
                                Equipment for the Automatic Electrical
                                Burner Control Systems.
UL 61010-2-081...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-081: Particular
                                Requirements for Automatic and Semi-
                                Automatic Laboratory Equipment for
                                Analysis and Other Purposes.
UL 61010-2-091...............  Standard for Safety Requirements for
                                Electrical Equipment for Measurement,
                                Control and Laboratory Use--Part 2-091:
                                Particular Requirements for Cabinet X-
                                Ray Systems.
UL 61010-2-101...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-101: Particular
                                Requirements for In Vitro Diagnostic
                                (IVD) Medical Equipment.
UL 2054......................  Standard for Household and Commercial
                                Batteries.
UL 60730-2-8.................  Automatic Electrical Controls for
                                Household and Similar Use; Part 2:
                                Particular Requirements for Electrically
                                Operated Water Valves, Including
                                Mechanical Requirements.
UL 62841-1...................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 1: General
                                Requirements.
------------------------------------------------------------------------
* Represents the standard that OSHA will add to the NRTL Program's List
  of Appropriate Test Standards.

    In this notice, OSHA also announces the final decision to add one 
new test standard to the NRTL Program's List of Appropriate Test 
Standards. Table 2, below, lists the standard that is new to the NRTL 
Program. OSHA has determined that this test standard is an appropriate 
test standard and will add

[[Page 47918]]

it to the NRTL Program's List of Appropriate Test Standards.

   Table 2--Test Standard OSHA Will Add to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 3730......................  Standard for Photovoltaic Junction Boxes.
------------------------------------------------------------------------

    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.
    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 01-00-004, Chapter 
2, Section VIII), any NRTL recognized 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

    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. OSHA additionally adds one test standard to 
the NRTL Program's List of Appropriate Test Standards.

III. 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 July 18, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-15671 Filed 7-24-23; 8:45 am]
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