[Federal Register: January 28, 2008 (Volume 73, Number 18)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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,
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
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
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
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 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
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:
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
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,
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
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
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
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
UL 943B Appliance Leakage-Current Interrupters.
UL 985 Household Fire Warning System Units.
UL 1053 Ground-Fault Sensing and Relaying Equipment.
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
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
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
UL 60947-1 Low-Voltage Switchgear and Controlgear--Part 1: General
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
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
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
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
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
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.
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
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 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
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