[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33651-33653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10985]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]


Intertek Testing Services NA, Inc.: Applications for Expansion of 
Recognition and Proposed 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 applications of Intertek 
Testing Services NA, Inc., for expansion of the recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant the applications. Additionally, 
OSHA proposes to add one test standard to the NRTL Program's List of 
Appropriate Test Standards.

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 June 8, 2023.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office. All 
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. 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.
    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 will 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.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before June 8, 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, or by fax to (202) 693-1644.

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, phone: (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, phone: (202) 693-2300 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 expansion of the current recognition as a 
NRTL. ITSNA requests 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 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 
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 a preliminary finding. In the second notice, 
the agency provides a 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 currently has thirteen 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/

[[Page 33652]]

nationally-recognized-testing-laboratory-program/its.

II. General Background on the Application

    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 staff performed a detailed 
analysis of the application packets and reviewed other pertinent 
information. OSHA did not perform any on-site reviews in relation to 
these applications.
    Table 1, below, lists the appropriate test standards found in 
ITSNA's applications for expansion for testing and certification of 
products under the NRTL Program.

  Table 1--Proposed 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 proposes to add to the NRTL
  Program's List of Appropriate Test Standards

III. Proposal To Add New Test Standard to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL list of appropriate test standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
agency evaluates the document to: (1) verify it represents a product 
category for which OSHA requires certification by a NRTL, (2) verify 
the document represents an end product and not a component, and (3) 
verify the document defines safety test specifications (not 
installation or operational performance specifications). OSHA becomes 
aware of new test standards through various avenues. For example, OSHA 
may become aware of new test standards by: (1) monitoring notifications 
issued by certain Standards Development Organizations; (2) reviewing 
applications by NRTLs or applicants seeking recognition to include new 
test standards in their scopes of recognition; and (3) obtaining 
notification from manufacturers, manufacturing organizations, 
government agencies, or other parties. OSHA may determine to include a 
new test standard in the list, for example, if the test standard is for 
a particular type of product that another test standard also covers, or 
it covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add one new test standard to the 
NRTL Program's List of Appropriate Test Standards. Table 2, below, 
lists the test standard that is new to the NRTL Program. OSHA 
preliminarily determined that this test standard is an appropriate test 
standard and proposes to include it in the NRTL Program's List of 
Appropriate Test Standards. OSHA seeks public comment on this 
preliminary determination.

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

IV. Preliminary Findings on the Applications

    ITSNA submitted acceptable applications for expansion of the scope 
of recognition. OSHA's review of the application files and pertinent 
documentation indicates that ITSNA can meet the requirements prescribed 
by

[[Page 33653]]

29 CFR 1910.7 for expanding the recognition to include the addition of 
these eighteen test standards for NRTL testing and certification listed 
in Table 1. This preliminary finding does not constitute an interim or 
temporary approval of ITSNA's applications.
    OSHA seeks 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 exhibits 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 
applications for expansion of the scope of recognition. The Assistant 
Secretary will make the final decision on granting the applications. 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.

V. 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 May 17, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-10985 Filed 5-23-23; 8:45 am]
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