[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)][Notices][Pages 48907-48908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19411]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0039]
Intertek Testing Services NA, Inc.: Grant of Expansion of
Recognition and Request To Remove a Condition of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision expanding the scope of recognition and
the removal of a special condition of recognition that involves testing
and evaluating hazardous-location equipment for Intertek Testing
Services NA, Inc., as a Nationally Recognized Testing Laboratory under
29 CFR 1910.7.
DATES: The expansion of the scope of recognition and the removal of the
special condition becomes effective on August 12, 2013.
FOR FURTHER INFORMATION CONTACT: David W. Johnson, 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, or email: johnson.david.w@dol.gov.
SUPPLEMENTAL INFORMATION:
I. Notice of Final Decision
The Occupational Safety and Health Administration (OSHA or Agency)
hereby gives notice of the expansion of the scope of recognition of
Intertek Testing Services NA, Inc. (ITSNA), as a Nationally Recognized
Testing Laboratory (NRTL). ITSNA's expansion covers the addition of two
new sites. OSHA also gives notice of the removal of a special condition
of recognition placed upon ITSNA regarding testing and evaluating
hazardous-location equipment. OSHA's current scope of recognition for
ITSNA is available at the following informational Web site:
http://www.osha.gov/dts/otpca/nrtl/its.html.
OSHA recognition of an NRTL signifies that the organization meets
the 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. OSHA maintains an informational Web site
for each NRTL that details its scope of recognition. These pages are
available from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
ITSNA submitted an application, dated June 8, 2007 (Exhibit 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 (ITSNA Dallas) (Exhibit 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. . . ." (Exhibit 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 March 2012 (ITSNA Dallas), and recommended expansion of
ITSNA's recognition to include these two sites (Exhibit 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 (Exhibit 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.
OSHA published the preliminary notice announcing ITSNA's expansion
application in the Federal Register on May 30, 2013. The Agency
requested comments by June 29, 2013, but it received no comments in
response to this notice. OSHA now is proceeding with this final notice
to grant ITSNA's expansion application.
To obtain or review copies of all public documents pertaining to
the ITSNA application, contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-2625, Washington, DC 20210. Docket No. OSHA-2007-
0039 contains all materials in the record concerning ITSNA's
recognition.
II. Final Decision and Order
The NRTL Program staff examined ITSNA's expansion application, the
auditor's recommendations, and other pertinent information. Based on
its review of this evidence, OSHA finds that ITSNA meets the
requirements of 29 CFR 1910.7 for expansion of its recognition, subject
to the limitation and conditions listed below. OSHA also gives notice
that it remove the special condition of recognition involving
evaluating hazardous-location equipment from ITSNA's NRTL scope of
recognition.
OSHA limits the expansion of ITSNA's recognition to include the
sites at ITSNA Dallas (Plano, Texas) and ITSNA Chicago (Arlington
Heights, Illinois) as listed above. OSHA's recognition of these sites
limits ITSNA to performing product testing and certifications only to
the test standards for which the site has the proper capability and
programs, and for which OSHA has recognizes ITSNA. This limitation is
consistent with the recognition that OSHA grants to other NRTLs that
operate multiple sites.
These sites also may use all eight of the ``supplemental" programs
in ITSNA's recognition. An NRTL may use these programs, which OSHA
described in a March 9, 1995 Federal Register notice (60 FR 12980, 03/
09/1995), to control and audit, but not generate, the data relied on
for product certification. The Agency does not consider these programs
in determining whether an NRTL meets the requirements for recognition
under 29 CFR 1910.7. However, OSHA does treat these programs as one of
the three elements that define an NRTL's scope of recognition. OSHA
previously recognized ITSNA for these programs. As a result, OSHA does
not list them again in this final notice, but merely provides this
information as a matter of public interest.
A. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
ITSNA also must abide by the following conditions of the recognition:
1. ITSNA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
2. ITSNA must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. ITSNA must continue to meet the requirements for recognition,
including all previously published conditions on ITSNA's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
recognition of ITSNA, subject to these limitations and conditions
specified above.
III. 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 Section
8(g)(2) of the Occupational Safety and Health Act of 1970 (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 August 6, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-19411 Filed 8-9-13; 8:45 am]
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