[Federal Register: June 20, 2003 (Volume 68, Number 119)]
[Notices]
[Page 37026-37028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn03-122]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL1-89]
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: This notice announces the application of Intertek Testing
Services NA, Inc., for expansion of its recognition as a Nationally
Recognized Testing Laboratory under 29 CFR 1910.7, and presents the
Agency's preliminary finding. This preliminary finding does not
constitute an interim or temporary approval of this application. In an
unrelated matter, this notice also announces the voluntary withdrawal
of recognition of the Intertek Testing Services NA, Inc., site located
in Antioch, California.
DATES: You may submit comments in response to the expansion application
portion of this notice, or any request for extension of the time to
comment, by (1) regular mail, (2) express or overnight delivery
service, (3) hand delivery, (4) messenger service, or (5) FAX
transmission (facsimile). Because of security-related problems there
may be a significant delay in the receipt of comments by regular mail.
Comments (or any request for extension of the time to comment) must be
submitted by the following dates:
Regular mail and express delivery service: Your comments must be
postmarked by July 7, 2003.
Hand delivery and messenger service: Your comments must be received
in the OSHA Docket Office by July 7, 2003. OSHA Docket Office and
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
Facsimile and electronic transmission: Your comments must be sent
by July 7, 2003.
ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger
service: You must submit three copies of your comments and attachments
to the OSHA Docket Office, Docket NRTL1-89, Room N-2625, U.S.
Department of Labor, Occupational Safety and Health Administration, 200
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA
Docket Office at (202) 693-2350 for information about security
procedures concerning the delivery of materials by express delivery,
hand delivery and messenger service.
Facsimile: If your comments, including any attachments, are 10
pages or fewer, you may fax them to the OSHA Docket Office at (202)
693-1648. You must include the docket number of this notice, Docket
NRTL1-89, in your comments.
Internet access to comments and submissions: OSHA will place
comments and submissions in response to this notice on the OSHA Web
page www.osha.gov. Accordingly, OSHA cautions you about submitting
information of a personal nature (e.g., social security number, date of
birth). There may be a lag time between when comments and submissions
are received and when they are placed on the Web page. Please contact
the OSHA Docket Office at (202) 693-2350 for information about
materials not available through the OSHA Web page and for assistance in
using the Web page to locate docket submissions. Comments and
submissions will also be available for inspection and copying at the
OSHA Docket Office at the address above.
Extension of Comment Period: Submit requests for extensions
concerning this notice to: Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3653, 200 Constitution
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: Sherrey Nicolas or Bernard Pasquet,
Office of Technical Programs and Coordination Activities, NRTL Program,
Room N3653 at the address shown immediately above for the program, or
phone (202) 693-2110.
SUPPLEMENTARY INFORMATION:
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that Intertek Testing Services NA, Inc. (ITSNA), has
applied for expansion of its recognition as a Nationally Recognized
Testing Laboratory (NRTL). ITSNA's expansion request covers the
[[Page 37027]]
use of additional test standards. OSHA's current scope of recognition
for ITSNA may be found in the following informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/its.html
.
OSHA recognition of any NRTL signifies that the organization has
met the legal requirements in 1910.7 of title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products ``properly certified'' by the
NRTL to meet OSHA standards that require testing and certification.
The Agency processes applications for initial recognition or for
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 its preliminary finding and, in the second notice, the Agency
provides its final decision on an application. These notices set forth
the NRTL's scope of recognition or modifications of this scope. We
maintain an informational Web page for each NRTL, which details its
scope of recognition. These pages can be accessed from our Web site at
http://www.osha-slc.gov/dts/otpca/nrtl/index.html.
The most recent notices published by OSHA for ITSNA's recognition
covered an expansion of recognition, which became effective on March
25, 2003 (68 FR 14430).
The current address of the ITSNA facilities already recognized by
OSHA are:
ITSNA Atlanta, 1950 Evergreen Blvd., Suite 100, Duluth, Georgia 30096
ITSNA Boxborough, 70 Codman Hill Road, Boxborough, Massachusetts 01719
ITSNA Cortland, 3933 U.S. Route 11, Cortland, New York 13045
ITSNA Lexington, 731 Enterprise Drive, Lexington, Kentucky 40510
ITSNA Los Angeles, 27611 LaPaz Road, Suite C, Laguna Niguel, California
92677
ITSNA Madison, 8431 Murphy Drive, Middleton, Wisconsin 53562
ITSNA Minneapolis, 7250 Hudson Blvd., Suite 100, Oakdale, Minnesota
55128
ITSNA San Francisco, 1365 Adams Court, Menlo Park, CA 94025
ITSNA Sweden AB, Box 1103, S-164 22, Kista, Stockholm, Sweden
ITSNA Totowa, 40 Commerce Way, Unit B, Totowa, New Jersey 07512
ITSNA Vancouver, 211 Schoolhouse Street, Coquitlam, British Columbia,
V3K 4X9 Canada
ITSNA Hong Kong, 2/F., Garment Centre, 576 Castle Peak Road, Kowloon,
Hong Kong
ITSNA Taiwan, 14/F., Huei Fung Building, 27, Chung Shan North Road,
Sec. 3, Taipei 10451, Taiwan
As addressed later in this notice, one site is being withdrawn from
recognition and is excluded from the listing of sites above.
General Background on the Application
ITSNA has submitted an application, dated June 3, 2002 (see Exhibit
43), to expand its recognition to use 141 additional test standards.
The NRTL Program staff has determined that 94 of the 141 test standards
cannot be included in the expansion because they either are not
``appropriate test standards,'' within the meaning of 29 CFR 1910.7(c),
or are already included in ITSNA's scope. The staff makes similar
determinations in processing expansion requests from any NRTL.
Therefore, OSHA would approve 47 test standards for the expansion,
which are listed below. Processing of this request was delayed by OSHA,
in part, through no fault of the NRTL.
ITSNA seeks recognition for testing and certification of products
for demonstration of conformance to the following 47 additional test
standards.
ANSI Z21.69 Connectors for Movable Gas Appliances
ANSI Z21.86 Vented Gas-Fired Space Heating Appliance
ANSI Z21.88 Vented Gas Fireplace Heaters
UL 6A Electrical Rigid Metal Conduit--Aluminum, Bronze, and Stainless
Steel
ANSI/NFP 11 Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 11A Medium- and High-Expansion Foam Systems
ANSI/NFPA 12 Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire Extinguishing Agent Systems
ANSI/NFPA 17 Dry Chemical Extinguishing Systems
ANSI/NFPA 20 Installation of Stationary Pumps for Fire Protection
UL 497C Protectors for Coaxial Communications Circuits
UL 498A Current Taps and Adapters
UL 508A Industrial Control Equipment
UL 514D Cover Plates for Flush-Mounted Wiring Devices
UL 536 Flexible Metallic Hose
UL 698A Industrial Control Panels Relating to Hazardous (Classified)
Locations
UL 789 Indicator Posts for Fire-Protection Service
UL 797A Electrical Metallic Tubing--Aluminum
UL 963 Sealing, Wrapping, and Marking Equipment
UL 1425 Cables for Non-Power-Limited Fire-Alarm Circuits
UL 1434 Thermistor-Type Devices
UL 1653 Electrical Nonmetallic Tubing
UL 1655 Community-Antenna Television Cables
UL 1682 Plugs, Receptacles, and Cable Connectors, of the Pin and Sleeve
Type
UL 1699 Arc-Fault Circuit-Interrupters
UL 1741 Inverters, Converters, and Controllers for Use in Independent
Power Systems
UL 1887 Fire Test of Plastic Sprinkler Pipe for Flame and Smoke
Characteristics
UL 2017 \1\ General Purpose Signaling Devices and Systems
UL 2089 \2\ Vehicle Battery Adapters
UL 2125 Motor-Operated Air Compressors for Use in Sprinkler Systems
UL 2127 Inert Gas Clean Agent Extinguishing System Unit
UL 2166 Halocarbon Clean Agent Extinguishing System Units
UL 2202 Electric Vehicle (EV) Charging System Equipment
UL 2227 Overfilling Prevention Devices
UL 60335-2-34 Household and Similar Electrical Appliances, Part 2;
Particular Requirements for Motor-Compressors
UL 60730-2-4 Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Thermal Motor Protectors for
Motor Compressors or Hermetic and Semi-Hermetic Type
UL 60730-2-9 Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Temperature Sensing Controls
UL 60730-2-6 Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Automatic Electrical Pressure
Sensing Controls Including Mechanical Requirements
UL 60730-2-10A Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Electrically-Operated Motor
Starting Relays
[[Page 37028]]
UL 60730-2-11A Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Energy Regulators
UL 60730-2-12A Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Electrically-Operated Doors
UL 60730-2-13A Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Humidity Sensing Controls
UL 60730-2-14 Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Electric Actuators
UL 61010A-2-020 Electrical Equipment for Laboratory Use; Part 2:
Particular Requirements for Laboratory Centrifuges
UL 61010C-1 Process Control Equipment
UL 61058-1 Switch for Appliances
\1\ This standard is approved for testing and certification of
vehicle battery adaptors for use within recreational vehicles and
mobile homes.
\2\ Limited to electrical portions only.
Note: Testing and certification of gas operated equipment is
limited to equipment for use with ``liquefied petroleum gas''
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(``LPG'' or ``LP-Gas'').
OSHA's recognition of ITSNA, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third party testing and certification
before use in the workplace. Consequently, any NRTL's scope of
recognition excludes any product(s) that fall within the scope of a
test standard, but for which OSHA standards do not require NRTL testing
and certification.
Many of the UL test standards listed above also are approved as
American National Standards by the American National Standards
Institute (ANSI). However, for convenience, we use the designation of
the standards developing organization (e.g., UL 536) for the standard,
as opposed to the ANSI designation (e.g., ANSI/UL 536). Under our
procedures, any NRTL recognized for an ANSI-approved test standard may
use either the latest proprietary version of the test standard or the
latest ANSI version of that standard. (Contact ANSI or the ANSI Web
site (http://www.ansi.org) and click ``NSSN'' to find out whether or
not a test standard is currently ANSI-approved.)
Existing Conditions
Currently, OSHA imposes the following conditions on its recognition
of ITSNA. These conditions would apply also to this current expansion.
As mentioned in previous notices, these conditions apply solely to
ITSNA's NRTL operations and are in addition to any other condition that
OSHA normally imposes in its recognition of an organization as an NRTL.
These conditions are listed in this notice mainly for information.
(1) ITSNA may perform safety testing for hazardous location
products only at the specific ITSNA sites that OSHA has recognized, and
that have been pre-qualified for such testing by the ITSNA Chief
Engineer. In addition, all safety test reports for hazardous location
products must undergo a documented review and approval at the Cortland
testing facility by a test engineer qualified in hazardous location
safety testing, prior to ITSNA's initial or continued authorization of
the certifications covered by these reports.
(2) ITSNA may not test and certify any products for a client that
is a manufacturer or vendor that is either owned in excess of 2% by
ITSLtd or affiliated organizationally with ITSNA.
Preliminary Finding
ITSNA has submitted an acceptable request for expansion of its
recognition. As previously mentioned, in connection with the request,
OSHA did not perform an on-site review (evaluation) of ITSNA. However,
an OSHA NRTL Program assessor reviewed information pertinent to this
request and recommended that ITSNA be granted the expansion (see
Exhibit 45).
Following a review of the application file, the assessor's
recommendation, and other pertinent information, the NRTL Program staff
has concluded that OSHA can grant to ITSNA the expansion of recognition
to include the test standards listed above, subject to the conditions
as noted. The staff therefore recommended to the Assistant Secretary
that the application be preliminarily approved.
Based upon the recommendations of the staff, the Assistant
Secretary has made a preliminary finding that Intertek Testing Services
NA, Inc., can meet the requirements as prescribed by 29 CFR 1910.7 for
the expansion of recognition, subject to the above conditions. This
preliminary finding, however, does not constitute an interim or
temporary approval of the applications for ITSNA.
OSHA welcomes public comments, in sufficient detail, as to whether
ITSNA has met the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits. To
consider a comment, OSHA must receive it at the address provided above
(see ADDRESSES), no later than the last date for comments (see DATES
above). Should you need more time to comment, OSHA must receive your
written request for extension at the address provided above no later
than the last date for comments. You must include your reason(s) for
any request for extension. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. We may deny a request
for extension if it is frivolous or otherwise unwarranted. You may
obtain or review copies of ITSNA's request, the on-site review report,
and all submitted comments, as received, by contacting the Docket
Office, Room N2625, Occupational Safety and Health Administration, U.S.
Department of Labor, at the above address. Docket No. NRTL1-89 contains
all materials in the record concerning ITSNA's application.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant ITSNA's expansion request. The Assistant Secretary will make
the final decision on granting the expansion, and in making this
decision, may undertake other proceedings that are prescribed in
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this
final decision in the Federal Register.
Notice of Voluntary Termination
ITSNA has requested that OSHA withdraw the recognition of the
NRTL's site located in Antioch, California (see Exhibit 44). This
withdrawal is effective immediately, and OSHA will take no further
action on it. OSHA recognized this site for ITSNA on December 1, 1997
(62 FR 63562), although at the time it was located in Pittsburg,
California. Under section II.D of Appendix A to 29 CFR 1910.7, OSHA
must ``inform the public of any voluntary termination by Federal
Register notice.'' This action is unrelated to our preliminary finding
on the ITSNA expansion request. We include it herein only for
convenience in processing.
Signed at Washington, DC, this 11th day of June, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-15632 Filed 6-19-03; 8:45 am]
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