[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55476-55478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17427]


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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 scope of 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 August 30, 2023.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at: http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    OSHA will place comments, including personal information, in the 
public docket, which will be available online. Therefore, OSHA cautions 
interested parties about submitting personal information such as Social 
Security numbers and birthdates.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2007-0039). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 
(including this Federal Register notice) are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted 
material) is not publicly available to read or download through the 
website.

[[Page 55477]]

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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before August 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.

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; 
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, 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 an expansion of current recognition as a NRTL. 
ITSNA requests the addition of 23 test sites to its 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, as well as for an expansion or renewal of 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 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 that NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA currently has 13 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/itsna.

II. General Background on the Application

    ITSNA submitted an application, dated December 18, 2020 (OSHA-2007-
0039-0047), requesting the conversion of 23 existing Satellite 
Notification Acceptance Program (SNAP) sites to recognized sites under 
the NRTL Policy for Transitioning to Satellite Notification and 
Acceptance Program Termination (SNAP Transition Policy) published in 
the Federal Register on November 24, 2020 (85 FR 75042), as amended by 
a June 22, 2022 Memorandum from James S. Frederick, Deputy Assistant 
Secretary for Occupational Safety and Health, to Regional 
Administrators and Executive Staff, titled ``Second Revision to the 
Nationally Recognized Testing Laboratory (NRTL) Policy for 
Transitioning to Satellite Notification and Acceptance Program (SNAP) 
Termination.''
    Table 1, below, lists the 23 sites that ITSNA's application 
requested for inclusion in the NRTL's expanded scope of recognition:

                 Table 1--List of Test Sites To Be Included in ITSNA's NRTL Scope of Recognition
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             ITSNA site name                                Address                             Country
----------------------------------------------------------------------------------------------------------------
Columbus................................  1717 Arlingate Lane, Columbus, Ohio 43228,  North America.
                                           United States.
Detroit.................................  45000 Helm Street--Suite 150, Plymouth      North America.
                                           Township, Michigan 48170, United States.
Grand Rapids............................  4700 Broadmoor SE--Suite 200, Kentwood,     North America.
                                           Michigan 49512, United States.
Edmonton................................  14920 135 Ave., Edmonton, Alberta T5V 1R9,  North America.
                                           Canada.
Montreal................................  1829 32nd Avenue, Lachine, Quebec H8T 3J1,  North America.
                                           Canada.
Toronto.................................  6225 Kenway Drive, Mississauga, Ontario     North America.
                                           L5T 2L3, Canada.
Mexico City.............................  Poniente 134 No. 660, Col. Industrial       North America.
                                           Vallejo, Mexico City, Azcapotzalco 02300,
                                           Mexico.
Kaufbeuren..............................  Innovapark 20, Kaufbeuren, 87600, Germany.  Europe.
Leatherhead.............................  Cleeve Road, Leatherhead, Surrey KT22 7SA,  Europe.
                                           United Kingdom.
Milton Keynes...........................  Davy Avenue, Knowlhill, Milton Keynes,      Europe.
                                           Buckinghamshire MK5 8NL, United Kingdom.
Udine...................................  Via Principe di Udine 114, Campoformido,    Europe.
                                           Udine 33030, Italy.
Guangzhou...............................  Building E, Guangdong Software Science      Asia.
                                           Park, No. 7-2, Caipin Road, Science City--
                                           GETDD, Guangzhou, Guangdong 510663, China.
Hangzhou................................  4th Floor, Building 4#, No. 22, 22nd        Asia.
                                           Street, Qiantang District Hangzhou,
                                           310018, China.
Shanghai Fengxian.......................  Plant 5, No. 6958 Daye Road, Fengxian       Asia.
                                           District, Shanghai, 201405, China.
Shanghai Qinzhou........................  No. 86, 1198 Qinzhou Road North, Shanghai,  Asia.
                                           200233, China.
Shenzhen................................  2F, Building B, No. 308 Wuhe Avenue,        Asia.
                                           Zhangkengjing Community, GuanHu
                                           Subdistrict, LongHua District, Shenzhen,
                                           Guangdong 518067, China.

[[Page 55478]]

 
Shunde (Foshan).........................  Guangzhou Branch Shunde Testing Site, Room  Asia.
                                           604, Block 5, Tianfulai International
                                           Industrial Park (the fifth phase), No. 3
                                           Changfu West Road, Ronggui Town, Shunde
                                           District, Foshan City, Guangdong
                                           Province, China.
Mumbai..................................  ``F Wing'' Tex Centre, Chandivali Farm      Asia.
                                           Road, Andheri (East), Mumbai,
                                           Maharashtra--400072, India.
New Delhi...............................  E-20 & E26 Block B1, Mohan Cooperative      Asia.
                                           Industrial Area, Mathura Road, New Delhi,
                                           110044, India.
Tokyo...................................  Yasuda Shibaura No. 2 Bldg. 4F, 3-2-12,     Asia.
                                           Kaigan, Minato-ku, Tokyo, Japan 108-0022.
Seoul...................................  3, Gongdan-ro 160beon-gil, Intertek         Asia.
                                           Building, Gunpo-si, Gyeonggi-do 15845,
                                           South Korea.
Bangkok.................................  1285/5 Prachachuen Road, Wong Sawang,       Asia.
                                           Bangsue, Bangkok 10800, Thailand.
Taipei..................................  5F, No. 423, Ruiguang Road, Neihu           Asia.
                                           District, Taipei, 114690, Taiwan.
----------------------------------------------------------------------------------------------------------------

    OSHA has preliminarily determined that it is appropriate to review 
this application under the SNAP Transition Policy. ITSNA's application 
was timely submitted under that policy, and OSHA preliminarily finds 
that the SNAP sites in ITSNA's application met all other preconditions 
of eligibility for conversion to recognized sites under the policy (See 
SNAP Termination Policy, part III 1.a-g, 85 FR at 75047). OSHA also 
preliminarily decided that it was not necessary to conduct on-site 
reviews in connection with ITSNA's expansion application, based on 
historical assessment records and supporting documentation submitted by 
ITSNA. Moreover, OSHA staff performed assessments of several ITSNA 
facilities included in the SNAP conversion application from June 2020 
to November 2022, and, while assessors found some nonconformances with 
the requirements of 29 CFR 1910.7, ITSNA addressed these issues 
sufficiently. OSHA staff has preliminarily determined that OSHA should 
grant the application and grant recognition to the 23 sites requested 
in the application.

III. Preliminary Finding on the Application

    ITSNA submitted an acceptable application for expansion of its 
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 its recognition to include 
the addition of the 23 additional test sites for NRTL testing and 
certification. This preliminary finding does not constitute an interim 
or temporary approval of ITSNA's application.
    OSHA seeks public 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 exhibit 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.

IV. 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 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 9, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-17427 Filed 8-14-23; 8:45 am]
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