
[Federal Register: January 28, 2008 (Volume 73, Number 18)]
[Notices]               
[Page 4919-4922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja08-112]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]

 
Intertek Testing Services NA, Inc.; Application Expansion of 
Recognition; Voluntary Termination of Entela, Inc., 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., (ITSNA) for expansion of its recognition and 
presents the Agency's preliminary finding to grant this request. This 
preliminary finding does not constitute an interim or temporary 
approval of this application. This notice also announces the voluntary 
termination of recognition of Entela, Inc. (ENT), which was purchased 
by ITSNA's parent company and is now affiliated with ITSNA.

DATES: You must submit information or comments, or any request for 
extension of the time to comment, by the following dates:
     Hard copy: postmarked or sent by February 12, 2008.
     Electronic transmission or facsimile: sent by February 12, 
2008.

ADDRESSES: You may submit comments by any of the following methods:
    Electronically: You may submit comments electronically at http://
www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for making electronic submissions.
    Fax: If your submissions, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger or courier service: 
You must submit three copies of your comments to the OSHA Docket 
Office, Docket No. OSHA-2007-0039 (formerly NRTL1-89), U.S. Department 
of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 
20210. Deliveries (hand, express mail, messenger and courier service) 
are accepted during the Department of Labor's and Docket Office's 
normal business hours, 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (OSHA Docket No. OSHA-2007-0039; formerly NRTL1-89). 
Submissions, including any personal information you provide, are placed 
in the public docket without change and may be made available online at 
http://www.regulations.gov.
    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket 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 Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.
    Extension of Comment Period: Submit requests for extensions 
concerning this

[[Page 4920]]

notice to the Office of Technical Programs and Coordination Activities, 
NRTL Program, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Room N-3655, 
Washington, DC 20210. Or, fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210, 
or phone (202) 693-2110. Our Web page includes information about the 
NRTL Program (see http://www.osha.gov and select ``N'' in the site 
index).

SUPPLEMENTARY INFORMATION: 

Notice of Expansion 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 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.gov/dts/otpca/nrtl/its.html.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in section 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 approved by the NRTL 
to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL 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 the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that 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.gov/dts/otpca/nrtl/
index.html.
    The most recent application processed by OSHA specifically related 
to the recognition of ITSNA granted an expansion of recognition, and 
the final notice for this expansion was published on November 4, 2003 
(see 68 FR 62479). OSHA, however, issued a notice modifying the scope 
of a number of NRTLs to replace or delete withdrawn test standards (see 
70 FR 11273, March 8, 2005). ITSNA was one of those NRTLs.
    The current addresses of the ITSNA facilities (sites) already 
recognized by OSHA are:

ITSNA, Inc., 3933 U.S. Route 11, Cortland, New York 13045;
ITSNA, Inc., 1950 Evergreen Boulevard, Duluth, Georgia 30096;
ITSNA, Inc., 1365 Adams Court, Menlo Park, California 94025;
ITSNA, Inc., 70 Codman Hill Road, Boxborough, Massachusetts 01719;
ITSNA, Inc., 27611 LaPaz Road, Suite C, Laguna Niguel, California 
92677;
ITSNA, Inc., 8431 Murphy Drive, Middleton, Wisconsin 53562;
ITSNA, Inc., 7250 Hudson Blvd., Suite 100, Oakdale, Minnesota 55128;
ITSNA, Inc., 40 Commerce Way, Unit B, Totowa, New Jersey 07512;
ITSNA, Inc., 731 Enterprise Drive, Lexington, Kentucky 40510;
ITSNA Ltd., 1500 Brigantine Drive, Coquitlam, British Columbia V3K 7C1, 
Canada;
ITS Hong Kong Ltd., 2/F., Garment Centre, 576 Castle Peak Road, 
Kowloon, Hong Kong;
ITS Taiwan Ltd., 5F, No. 423, Ruiguang Rd., Neihu District, Taipei City 
114, Taiwan R.O.C.; and
ITSNA Sweden AB, Box 1103, S-164 22, Kista, Stockholm, Sweden.
General Background on the Expansion Application
    ITSNA has submitted an application, dated August 25, 2005, for 
renewal and expansion of its recognition (see Exhibit 48-1). OSHA is 
still processing ITSNA's renewal, but, based upon discussions with the 
NRTL, the expansion is being treated separately. For the expansion, 
ITSNA requested the addition of 56 test standards to its scope; 
however, one of these standards is already included in ITSNA's scope 
and another has been withdrawn by the standards developing 
organization. The NRTL Program staff has determined that the remaining 
54 standards are ``appropriate test standards.'' Therefore, OSHA would 
approve 54 test standards for the expansion. In connection with the 
expansion, OSHA staff performed an on-site visit of the NRTL's Cortland 
site (its headquarters facility) in May 2006. Based on this visit, the 
staff recommends expansion of the ITSNA recognition to include the 54 
test standards (see Exhibit 48-4). ITSNA seeks expansion of its 
recognition for testing and certification of products for demonstration 
of conformance to the following test standards:

UL 5B Strut-Type Channel Raceways and Fittings.
UL 10A Tin-Clad Fire Doors.
UL 30 Metal Safety Cans.
UL 38 Manual Signaling Boxes for Fire Alarm Systems.
UL 51 Power-Operated Pumps for Anhydrous Ammonia and LP-Gas.
UL 58 Steel Underground Tanks for Flammable and Combustible Liquids.
UL 80 Steel Tanks for Oil-Burner Fuels and Other Combustible Liquids.
UL 92 Fire Extinguisher and Booster Hose.
UL 125 Valves for Anhydrous Ammonia and LP-Gas (Other Than Safety 
Relief).
UL 132 Safety Relief Valves for Anhydrous Ammonia and LP-Gas.
UL 144 LP-Gas Regulators.
UL 193 Alarm Valves for Fire-Protection Service.
UL 194 Gasketed Joints for Ductile-Iron Pipe and Fittings for Fire 
Protection Service.
UL 252 Compressed Gas Regulators.
UL 268 Smoke Detectors for Fire Alarm Signaling Systems.
UL 268A Smoke Detectors for Duct Application.
UL 346 Waterflow Indicators for Fire Protective Signaling Systems.
UL 404 Gauges, Indicating Pressure, for Compressed Gas Service.
UL 441 Gas Vents.
UL 452 Antenna--Discharge Units.
UL 486D Sealed Wire Connector Systems.
UL 495 Power-Operated Dispensing Devices for LP-Gas.
UL 515 Electrical Resistance Heat Tracing for Commercial and Industrial 
Applications.
UL 521 Heat Detectors for Fire Protective Signaling Systems.
UL 539 Single and Multiple Station Heat Alarms.
UL 555S Smoke Dampers.
UL 568 Nonmetallic Cable Tray Systems.
UL 681 Installation and Classification of Burglar and Holdup Alarm 
Systems.
UL 943B Appliance Leakage-Current Interrupters.
UL 985 Household Fire Warning System Units.
UL 1053 Ground-Fault Sensing and Relaying Equipment.

[[Page 4921]]

UL 1058 Halogenated Agent Extinguishing System Units.
UL 1062 Unit Substations.
UL 1093 Halogenated Agent Fire Extinguishers.
UL 1254 Pre-Engineered Dry Chemical Extinguishing System Units.
UL 1322 Fabricated Scaffold Planks and Stages.
UL 1412 Fusing Resistors and Temperature-Limited Resistors for Radio- 
and Television-Type Appliances.
UL 1468 Direct Acting Pressure Reducing and Pressure Restricting 
Valves.
UL 1681 Wiring Device Configurations.
UL 1730 Smoke Detector Monitors and Accessories for Individual Living 
Units of Multifamily Residences and Hotel/Motel Rooms.
UL 2085 Protected Aboveground Tanks for Flammable and Combustible 
Liquids.
UL 2129 Halocarbon Clean Agent Fire Extinguishers.
UL 2388 Flexible Lighting Products.
UL 60335-2-8 Household and Similar Electrical Appliances, Part 2: 
Particular Requirements for Shavers, Hair Clippers, and Similar 
Appliances.
UL 60947-1 Low-Voltage Switchgear and Controlgear--Part 1: General 
Rules*.
UL 60947-7-1 Low-Voltage Switchgear and Controlgear--Part 7-1: 
Ancillary Equipment--Terminal Blocks for Copper Conductors*.
UL 60947-7-2 Low-Voltage Switchgear and Controlgear--Part 7-2: 
Ancillary Equipment--Protective Conductor Terminal Blocks for Copper 
Conductors*.
UL 60947-7-3 Low-Voltage Switchgear and Controlgear--Part 7-3: 
Ancillary Equipment--Safety Requirements for Fuse Terminal Blocks*.
UL 61010A-2-010 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for the Heating of 
Materials.
UL 61010A-2-041 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves Using Steam for the Treatment of 
Medical Materials and for Laboratory Processes.
UL 61010A-2-042 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Autoclaves and Sterilizers Using Toxic Gas 
for the Treatment of Medical Materials, and for Laboratory Processes.
UL 61010A-2-051 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Equipment for Mixing and 
Stirring.
UL 61010A-2-061 Electrical Equipment for Laboratory Use; Part 2: 
Particular Requirements for Laboratory Atomic Spectrometers with 
Thermal Atomization and Ionization.
UL 61010B-2-031 Electrical Equipment for Measurement, Control, and 
Laboratory Use; Part 2: Particular Requirements for Hand-Held Probe 
Assemblies for Electrical Measurement and Test.
* See section below titled Addition of New Test Standards.
    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    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, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    A test standard listed above may be approved as an American 
National Standard by the American National Standards Institute (ANSI). 
However, for convenience, we use the designation of the standards 
developing organization for the standard as opposed to the ANSI 
designation. 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. You may 
contact ANSI to find out whether or not a test standard is currently 
ANSI-approved.

Addition of New Test Standards

    The series UL 60947 test standards listed above are new to the NRTL 
Program and are considered by the NRTL Program staff to be comparable 
to UL 1558 and the related standards ANSI C37.20.1 and ANSI C37.51, 
which are referenced in UL 1558 and used in conjunction with that 
standard. Upon publication of the final notice for this expansion, OSHA 
would add the above UL 60947 test standards to the scope of recognition 
of any NRTL currently recognized for UL 1558, ANSI C37.20.1, and ANSI 
C37.51. This action is consistent with the OSHA NRTL Program policy 
permitting NRTLs to request or OSHA to provide recognition for 
comparable test standards (i.e., other appropriate test standards 
covering comparable product testing) in situations when a standard has 
been replaced or withdrawn by the standards developing organization.

Preliminary Finding

    ITSNA has submitted an acceptable request for expansion of its 
recognition as an NRTL. Our review of the application file, the 
assessor's memo, and other pertinent documents indicate that ITSNA can 
meet the requirements, as prescribed by 29 CFR 1910.7, for the 
expansion to include the 54 additional test standards. This preliminary 
finding does not constitute an interim or temporary approval of the 
application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
ITSNA has met the requirements of 29 CFR 1910.7 for the expansion of 
its recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. 
Should you need more time to comment, you must request it in writing, 
including reasons for the request. OSHA must receive your written 
request for extension at the address provided above no later than the 
last date for comments. 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 not adequately justified. You may obtain or 
review copies of the ITSNA request, the on-site review report, other 
pertinent documents, 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. OSHA-2007-0039 (formerly NRTL1-89) contains all materials in 
the record concerning the ITSNA application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant the ITSNA expansion request. The Assistant Secretary will make 
the final decision on granting this request and, in making this 
decision, may undertake other proceedings that are prescribed in 
Appendix A to 29 CFR section 1910.7. OSHA will publish a public notice 
of this final decision in the Federal Register.

Notice of Voluntary Termination of Recognition of Entela, Inc.

    Entela, Inc., (ENT) was recognized by OSHA as an NRTL on July 26, 
1994 (see 59 FR 37997). The Agency renewed ENT's recognition on July 3, 
2001, for a period of five years ending July 3, 2006 (see 66 FR 35278). 
However, on May 12, 2004 (see Exhibit 48-2), ENT provided notification 
of its acquisition by the

[[Page 4922]]

parent company of ITSNA. In a February 10, 2006, letter (see Exhibit 
48-3), ITSNA requested that OSHA terminate the recognition of ENT. OSHA 
has accepted this request, and ENT is no longer recognized as an NRTL. 
Section II.D of Appendix A to 29 CFR 1910.7 provides that the Agency 
shall publish a Federal Register notice to note the voluntary 
termination of a recognition, and OSHA is doing so in this notice. OSHA 
shall not take any further action on this matter.
    In its February 2006 letter, ITSNA also included a request 
pertaining to the Entela mark, which now appears along with other marks 
on OSHA's Web page of typical registered certification marks used by 
each NRTL. ITSNA provided documentation showing its exclusive right to 
use the Entela mark and requested the mark be shown as one used by 
ITSNA for its NRTL approvals. OSHA will modify its Web page 
accordingly.

    Signed at Washington, DC, this 22nd day of January, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-1382 Filed 1-25-08; 8:45 am]

BILLING CODE 4510-26-P
