
[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32472-32473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12810]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]


Intertek Testing Services NA, Inc.: Application for Expansion of 
Recognition and Request To Remove a Condition of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces the application of Intertek 
Testing Services NA, Inc. for expansion of its recognition as a 
Nationally Recognized Testing Laboratory and presents the Agency's 
preliminary finding to grant the application and request. Intertek 
Testing Services NA, Inc. requests the addition of two new sites and 
for OSHA to remove a special condition of its recognition that involves 
testing hazardous-location equipment. This preliminary finding does not 
constitute an interim or temporary approval of the application and 
request.

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 July 1, 2013.

ADDRESSES: You may submit comments by any of the following methods:
    Electronically: Tender submissions electronically to the Federal 
eRulemaking Portal at http://www.regulations.gov. Follow the 
instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer 
than ten (10) pages, commenters may fax them to the OSHA Docket Office 
at (202) 693-1648.
    Regular or express mail, hand delivery, or messenger (courier) 
service: Tender submissions to the OSHA Docket Office, Docket No. OSHA-
2013-0012, Technical Data Center, Room N-2625, U.S. Department of 
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: 
(202) 693-2350 (TTY number: (877) 889-5627). Note that security 
procedures may result in significant delays in receiving submissions 
sent by regular mail. Contact the OSHA Docket Office for information 
about security procedures concerning delivery of materials by regular 
or express mail, hand delivery, or messenger (courier) service. The 
hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., 
e.t.
    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 may be available online at http://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.
    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or to 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 this Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.
    Extension of Comment Period: You may submit requests for an 
extension of the comment period on or before June 14, 2013 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 by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Director, OSHA Office of Communications, 
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-1999.
    General and technical information: Contact David Johnson, NRTL 
Program, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 
20210; telephone (202) 693-2110. OSHA's Web page includes information 
about the NRTL Program (see http://www.osha.gov and select ``N'' in the 
``A to Z Index'' located at the top of the Web page).
    Copies of the Federal Register notice: Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as other relevant information, is 
also available on OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion of NRTL Recognition and 
Request To Remove a Condition of Recognition

    The Occupational Safety and Health Administration (OSHA) is 
providing notice that Intertek Testing Services NA, Inc. (ITSNA) is 
applying for expansion of its current recognition as a Nationally 
Recognized Testing Laboratory (NRTL). ITSNA also is requesting to 
remove a special condition for testing and evaluating hazardous-
location equipment.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified in Title 29, Code of Federal Regulations, 
Section 1910.7 (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. 
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 an 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 publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding. 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. 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 Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    Each NRTL's scope of recognition has three elements: (1) The type 
of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that has/have

[[Page 32473]]

the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope; 
and (3) the supplemental program(s) that the NRTL may use. Each of 
these elements allows the NRTL to rely on other parties to perform 
activities necessary for product testing and certification.
    ITSNA currently has 14 facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: 
Intertek Testing Services NA, Inc., 3933 U.S. Route 11, Cortland, New 
York 13045. A complete list of ITSNA sites recognized by OSHA is 
available at http://www.osha.gov/dts/otpca/nrtl/its.html.

II. General Background on the Application and Request

    ITSNA submitted an application, dated June 8, 2007 (Ex. 1: ITSNA 
Application), to expand its recognition to include three additional 
facilities (sites) located at: 545 East Algonquin Road, Suite F, 
Arlington Heights, IL 60005 (ITSNA Chicago); 420 North Dorothy Drive, 
Richardson, TX 75081 (ITSNA Dallas); and 2307 East Aurora Road, Suite 
B7, Twinsburg, OH 44087 (ITSNA Cleveland). ITSNA later amended its 
application to remove the ITSNA Cleveland site from the application, 
and to change the address for the ITSNA Dallas site to 1809 10th 
Street, Suite A, Plano, TX 75074 (Ex. 2: ITSNA Amended Applications 
dated 7/22/2009 and 10/20/2009).
    On November 6, 2009, ITSNA submitted a letter seeking to relax or 
remove a special condition of its recognition which states: ``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. The above limitations apply solely to ITSNA's 
operations as an NRTL'' (Ex. 3: ITSNA Hazardous Location Letter).
    In connection with these requests, NRTL Program staff performed on-
site reviews of ITSNA's testing facilities in January 2010 (ITSNA 
Chicago) and February 2010 (ITSNA Dallas), and recommended expansion of 
ITSNA's recognition to include these two sites (Ex. 4: ITSNA On-site 
Review Reports). Additionally, audits of these and other ITSNA NRTL 
sites determined that ITSNA has the appropriate training programs and 
controls in place to remove the special condition for testing 
hazardous-location equipment (Ex. 5: Memorandum Regarding Removal of 
Hazardous Location Restriction). As a result, the Agency preliminarily 
determined that it should (1) expand ITSNA's scope of recognition to 
include the ITSNA Chicago and ITSNA Dallas sites, and (2) remove the 
special condition stated above from ITSNA's scope of recognition.

III. Preliminary Finding on the Application and Request

    ITSNA submitted an acceptable application for expansion of its 
scope of recognition. OSHA's review of the application file, and the 
results of the Agency's on-site reviews and other audits, indicate that 
ITSNA can meet the requirements prescribed by 29 CFR 1910.7 for 
expanding its recognition to use the facilities at the ITSNA Chicago 
and ITSNA Dallas sites for NRTL testing and certification. The on-site 
reviews and audits also indicate that the special condition of ITSNA's 
recognition is no longer necessary. This preliminary finding does not 
constitute an interim or temporary approval of ITSNA's application and 
request. ITSNA corrected the discrepancies noted by OSHA during the on-
site reviews, and the on-site review reports describes these 
corrections (Ex. 4: ITSNA On-site Review Reports).
    OSHA welcomes public comment as to whether ITSNA meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as an 
NRTL and removal of the special condition of recognition. 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. Commenters must submit the written request 
for an extension by the due date for comments. OSHA will limit any 
extension to 10 days unless the requester justifies a longer period. 
OSHA may deny a request for an extension if it is not adequately 
justified. To obtain or review copies of the publicly available 
information in ITSNA's application and request, including pertinent 
documents (e.g., exhibits) and all submitted comments, contact the 
Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address; these 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0039.
    The NRTL Program staff will review all comments to the docket 
submitted in a timely manner and, after addressing the issues raised by 
these comments, will recommend to the Assistant Secretary whether to 
grant ITSNA's application for expansion and its request to remove the 
special condition of recognition. The Assistant Secretary will make the 
final decision on granting the application and request. 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 this final decision in the Federal Register.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, 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. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on May 23, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-12810 Filed 5-29-13; 8:45 am]
BILLING CODE 4510-26-P


