Intertek Testing Services NA, Inc.: Grant of Expansion of Recognition and Request To Remove a Condition of Recognition, 48907-48908 [2013-19411]

Download as PDF Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices V. CONCLUSION After reviewing the public comment, the United States continues to believe that the proposed Final Judgment will provide an effective and appropriate remedy for the antitrust violations alleged in the Complaint and is therefore in the public interest. Accordingly, after the comment and this Response are published in the Federal Register, the United States will move this Court to enter the proposed Final Judgment. DATE: July ll, 2013 FOR PLAINTIFF UNITED STATES OF AMERICA: lllllllllllllllllllll RICHARD D. MOSIER (DC BAR #492489) Attorney for the United States Antitrust Division United States Department of Justice 450 Fifth Street NW., Suite 4100 Washington, DC 20530 Telephone: (202) 307–0585 Facsimile: (202) 307–5802 Email: Richard.Mosier@usdoj.gov CERTIFICATE OF SERVICE I, Richard D. Mosier, hereby certify that on lll, 2013, I electronically filed the Response of Plaintiff United States to Public Comment on the Proposed Final Judgment and the attached Public Comment with the Clerk of the Court using the CM/ECF system, which will send a notice of electronic filing to the following counsel: mstockstill on DSK4VPTVN1PROD with NOTICES For Defendant CASD: Mark A. Jacobson, Esq. Lindquist & Vennum PLLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone: (612) 371–3211 Facsimile: (612) 371–3207 Email: mjacobson@lindquist.com /s/Richard D. Mosier. RICHARD D. MOSIER (DC Bar No. 492489) Attorney for the United States of America Litigation I Section Antitrust Division United States Department of Justice 450 Fifth Street NW., Suite 4100 Washington, DC 20530 Telephone: (202) 307–0585 Facsimile: (202) 307–5802 Email: Richard.Mosier@usdoj.gov Peter J. Mucchetti, Chief, Litigation I Section, Antitrust Division, U.S. Department of Justice 450 Fifth Street NW., Suite 4100 Washington, DC 20530 05/21/2013 Comment regarding; CASE NO. 13–CV–4030–LLP FILED: 04/08/2013 UNITED STATES OF AMERICA, Plaintiff, v. VerDate Mar<15>2010 14:51 Aug 09, 2013 Jkt 229001 CHIROPRACTIC ASSOCIATES, LTD. OF SOUTH DAKOTA, Defendant: To the court, I am a South Dakota resident unaffiliated with CHIROPRACTIC ASSOCIATES, LTD. OF SOUTH DAKOTA (CASD), its owners or members. I am a consumer of chiropractic care and have been for several years. I shall offer these comments anonymously as Mr. Munsterman has considerable influence in his role as a state legislator and it is known to me that he would/could retaliate for unfavorable comments. There are three points I wish to make, First and foremost CASD for over 15 years CASD has conspired, defrauded, and committed felonious acts against the people of South Dakota and other states as well to increase the price of services rendered by their members. The primary beneficiary of the profits from this conspiracy was Scott Munsterman as primary owner of CASD. Although the injunction against CASD prohibits further violations as outlined in the case documents, it does nothing to punish the principals for their conduct and fraud. It affixes no fine or penalty other than I assume court costs. Munsterman and his associates have profited for several years from their illegal activities and it appears to all that now the justice system is saying, ‘‘just don’t do it anymore’’, keep your ill-gotten profits and we will let you get off with this ‘‘slap on the hand’’. No fine, no penalties, just stop doing what you are doing. And of course, CASD would accept that, who wouldn’t. If someone robbed a bank, got away with thousands of dollars of other people’s hard earned money, later is caught and is told, ‘‘Just don’t do it anymore’’. Your honor, this is a travesty of justice in the most egregious manner. Second, Scott Munsterman serves as a member of the South Dakota House of Representatives, representing District 7. He is the chairperson for the Health and Human Services Committee. It is egregious to think that this man in his position on the Health and Human Services Committee will be making critical decisions and influencing votes for the Healthcare issues facing the South Dakota Legislature and ultimately becoming laws for the people of South Dakota. Sadly few South Dakotans will take notice of the actions against CASD and no one will be held accountable and no penalties assessed. With all the recent revelations of corruption, scandals and cover-ups in our government, now more than ever due the citizens need to see that our justice system deals out justice fairly and impartially and that those who have manipulated, circumvent and abused the law are punished, not just stopped. Your honor, please do the right thing in this case and issue substantial monetary penalties for the illegal action by CASD, its owners and associates. I maintain my anonymity because of potential retaliation from the owner(s) of CASD. [FR Doc. 2013–19384 Filed 8–9–13; 8:45 am] BILLING CODE 4410–11–P PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 48907 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 Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: 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. SUMMARY: 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. DATES: 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: https://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 E:\FR\FM\12AUN1.SGM 12AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES 48908 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices 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 https:// 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 VerDate Mar<15>2010 14:51 Aug 09, 2013 Jkt 229001 (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 PO 00000 Frm 00054 Fmt 4703 Sfmt 9990 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] BILLING CODE 4510–26–P E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[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.

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

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: https://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

[[Page 48908]]

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 https://www.osha.gov/dts/otpca/nrtl/.
    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]
BILLING CODE 4510-26-P

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