Intertek Testing Services NA, Inc.: Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards, 63226-63229 [2016-22085]
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63226
Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices
Nothing in the following is intended
to create any legal or procedural rights
enforceable against the United States.
Moreover, nothing in the following
creates any obligation for conformity
assessment bodies to follow or adopt
this voluntary standard, nor does it
create any obligation for manufacturers,
suppliers, law enforcement agencies, or
others to follow or adopt voluntary NIJ
equipment standards.
1
Scope
1.1 This document describes the
minimum requirements that a product
certification scheme must contain for
the certification of restraints described
in NIJ Standard 1001.00, Criminal
Justice Restraints Standard.
1.2 This document includes
provisions for NIJ to file urgent
complaints with a certification body
regarding products it certifies to protect
criminal justice end users of restraints
products, such as police officers and
correctional officers, if NIJ believes that
a hazardous condition exists.
1.3 This document includes
provisions for NIJ to file urgent
complaints with an accreditation body
regarding conformity assessment bodies
it accredits in the certification scheme
to protect criminal justice end users of
restraints products, such as police
officers and correctional officers, if NIJ
believes that a hazardous condition
exists.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2
Normative References
ISO/IEC 17000, Conformity
assessment—Vocabulary and general
principles
ISO/IEC 17025, General requirements
for the competence of testing and
calibration laboratories
ISO/IEC 17030, Conformity
assessment—General requirements for
third-party marks of conformity
ISO/IEC 17065, Conformity
assessment—Requirements for bodies
certifying products, processes and
services
ISO/IEC 17067, Conformity
assessment—Fundamentals of product
certification and guidelines for product
certification schemes
ISO/IEC Directives, Part 2, Principles
and rules for the structure and drafting
of ISO and IEC documents, Seventh
edition, 2016
NIJ Standard 1001.00, Criminal
Justice Restraints Standard
3
Terms and Definitions
For the purposes of this document,
the terms and definitions given in ISO/
IEC 17000, ISO/IEC 17065, ISO/IEC
17067, and NIJ 1001.00 apply.
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4
Scheme Requirements
4.1 The product certification scheme
shall follow the guidelines in ISO/IEC
17067.
4.1.1 The product certification
scheme shall be of scheme type 5 as
described in 5.3.7 in ISO/IEC 17067.
4.1.2 The scheme shall include
provisions for the certification body to
assess the client’s management system
and quality assurance processes upon
initial certification and during
surveillance.
4.1.3 The certification body shall
issue a mark of conformity to be
displayed on certified products in
accordance with ISO/IEC 17030.
4.2 Conformity assessment bodies
shall be accredited.
4.2.1 Certification bodies shall be
accredited to ISO/IEC 17065 by an
accreditation body that is a signatory to
the International Accreditation Forum
(IAF) Multilateral Recognition
Arrangement (MLA).
4.2.2 Certification bodies shall have
a scope of accreditation to include NIJ
1001.00.
4.2.3 Testing laboratories shall be
accredited to ISO/IEC 17025 by an
accreditation body that is a signatory to
the IAF MLA.
4.2.4 Testing laboratories shall have
a scope of accreditation to include NIJ
1001.00.
4.3 NIJ may request information
from the certification body.
4.3.1 NIJ may request in writing
directly from the certification body a list
of all actions taken against specified
current or previously certified products,
such as termination, reduction,
suspension, or withdrawal of
certification.
4.3.2 The certification body shall
provide in writing the information
requested by NIJ in 4.3.1 by the next
working day.
4.4 NIJ may bring urgent complaints
to the certification body.
4.4.1 NIJ may bring urgent
complaints regarding certified products,
or products believed to be certified,
directly to the certification body if NIJ
believes that a hazardous condition
exists.
4.4.2 Should NIJ bring an urgent
complaint to the attention of the
certification body, NIJ shall articulate
the complaint in writing.
4.4.3 The certification body shall
provide an expedited response in
writing to NIJ within five (5) working
days, articulating how it plans to
proceed with the urgent complaint,
including actions it may take to
determine the validity of the complaint,
and an estimated timeline to determine
the validity of the complaint.
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4.5 NIJ may request information
from accreditation bodies.
4.5.1 NIJ may request in writing
directly from an accreditation body a
list of all actions taken against a
conformity assessment body that it
accredits in the certification scheme,
such as termination, reduction,
suspension, or withdrawal of
certification.
4.5.2 The accreditation body shall
provide in writing the information NIJ
requested in 4.5.1 within five (5)
working days.
4.6 NIJ may bring urgent complaints
to accreditation bodies.
4.6.1 NIJ may bring urgent
complaints directly to an accreditation
body regarding conformity assessment
bodies that it accredits in the
certification scheme if NIJ believes a
hazardous condition exists.
4.6.2 Should NIJ bring an urgent
complaint to the attention of an
accreditation body, NIJ shall articulate
the complaint in writing.
4.6.3 The accreditation body shall
provide an expedited response in
writing to NIJ within five (5) working
days, articulating how it plans to
proceed with the urgent complaint,
including actions it may take to
determine the validity of the complaint
and an estimated timeline to determine
the validity of the complaint.
4.7 Accreditation bodies shall notify
NIJ of any changes in the accreditation
status or scope of accreditation of any
conformity assessment bodies in the
certification scheme.
4.7.1 Changes in accreditation status
include suspension, withdrawal, or
reduction of the scope of accreditation.
4.7.2 The accreditation body shall
notify NIJ in writing within five (5)
working days after such action is taken.
Nancy Rodriguez,
Director, National Institute of Justice.
[FR Doc. 2016–22057 Filed 9–13–16; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0039]
Intertek Testing Services NA, Inc.:
Application for Expansion of
Recognition and Proposed
Modification to the NRTL Program’s
List of Appropriate Test Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices
In this notice, OSHA
announces the application of Intertek
Testing Services NA, Inc. for expansion
of its recognition as a Nationally
Recognized Testing Laboratory (NRTL)
and presents the Agency’s preliminary
finding to grant the application.
Additionally, this notice proposes to
add a new recognized testing 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
September 29, 2016.
ADDRESSES: Submit comments by any of
the following methods:
1. Electronically: Submit comments
and attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
2. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, commenters may fax
them to the OSHA Docket Office at (202)
693–1648.
3. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2007–0039,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–2625, Washington, DC 20210;
telephone: (202) 693–2350 (TTY
number: (877) 889–5627). Note that
security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express mail, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 8:15 a.m.–4:45 p.m., e.t.
4. 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 https://
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.
5. Docket: To read or download
submissions or other material in the
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SUMMARY:
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docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
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 at
the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in
locating docket submissions.
6. Extension of comment period:
Submit requests for an extension of the
comment period on or before September
29, 2016 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–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 Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
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, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
phone: (202) 693–2110 or email:
robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
includes (1) the type of products the
NRTL may test, with each type specified
by its applicable test standard; and (2)
the recognized site(s) that has/have the
technical capability to perform the
product-testing and productcertification 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
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 https://www.osha.gov/
dts/otpca/nrtl/.
ITSNA currently has fourteen
facilities (sites) recognized by OSHA for
product testing and certification, with
its 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/dts/
otpca/nrtl/its.html.
I. Notice of the Application for
Expansion
ITSNA submitted an application,
dated June 3, 2015 (OSHA–2007–0039–
0020), to expand its recognition to
include 30 additional test standards.
OSHA staff performed a detailed
analysis of the application packet and
reviewed other pertinent information
and preliminarily determined that
OSHA should grant the application to
expand ITSNA’s recognition to include
twenty-eight (28) of the 30 requested
standards. OSHA did not perform any
on-site reviews in relation to this
application.
Table 1 below lists the appropriate
test standards found in ITSNA’s
application for expansion for testing and
certification of products under the
NRTL Program.
The Occupational Safety and Health
Administration is providing notice that
Intertek Testing Services NA, Inc.
(ITSNA), is applying for expansion of its
current recognition as an NRTL. ITSNA
requests the addition of thirty (30) test
standards to its NRTL scope of
recognition.
OSHA recognition of an 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 its scope of recognition.
Each NRTL’s scope of recognition
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II. General Background on the
Application
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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices
TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN ITSNA’S NRTL SCOPE OF
RECOGNITION
Test standard
Test standard title
ISA 60079–0 ........................
UL 60079–0 ..........................
ISA 61241–0 ........................
Explosive Atmospheres—Part 0: Equipment—General Requirements.
Explosive Atmospheres—Part 0: Equipment—General Requirements.
Electrical Apparatus for Use in Zone 20, Zone 21, and Zone 22 Hazardous (Classified) Locations—General Requirements.
Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘‘d’’.
Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘‘d’’.
Explosive Atmospheres—Part 2: Equipment Protection by Pressurized Enclosures ‘‘p’’.
Explosive Atmospheres—Part 2: Equipment Protection by Pressurized Enclosures ‘‘p’’.
Purged and Pressurized Enclosures for Electrical Equipment.
Electrical Apparatus for Use in Zone 21 and Zone 22 Hazardous (Classified) Locations—Protection by
Pressurication ‘‘pD’’.
Explosive Atmospheres—Part 5: Equipment Protection by Powder Filling ‘‘q’’.
Explosive Atmospheres—Part 5: Equipment Protection by Powder Filling ‘‘q’’.
Explosive Atmospheres—Part 6: Equipment Protection by Liquid Immersion ‘‘o’’.
Explosive Atmospheres—Part 6: Equipment Protection by Liquid Immersion ‘‘o’’.
Explosive Atmospheres—Part 7: Equipment Protection by Increased Safety ‘‘e’’.
Explosive Atmospheres—Part 7: Equipment Protection by Increased Safety ‘‘e’’.
Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety ‘‘i’’.
Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety ‘‘i’’.
Explosive Atmospheres—Part 25: Intrinsically Safe Electrical Systems.
Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation,
Edition 1.1.
Electrical Apparatus for Use in Zone 20, Zone 21, and Zone 22 Hazardous (Classified) Locations—Protection by
Intrinsic Safety ‘‘iD’’.
Explosive Atmospheres—Part 15: Equipment Protection by Type of Protection ‘‘n’’ (Edition 4).
Explosive Atmospheres—Part 15: Equipment Protection by Type of Protection ‘‘n’’.
Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘‘m’’.
Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘‘m’’.
Electrical Apparatus for Use in Zone 20, Zone 21, and Zone 22 Hazardous (Classified) Locations—Protection by
Encapsulation ‘‘mD’’.
Explosive Atmospheres—Part 26: Equipment for Use in Class I, Zone 0 Hazardous (Classified) Locations.
Explosive Atmospheres—Part 31: Equipment Dust Ignition Protection by Enclosure ‘‘t’’.
Electrical Apparatus for Use in Zone 21 and Zone 22 Hazardous (Classified) Locations—Protection by Enclosures
‘‘tD’’.
ISA 60079–1 ........................
UL 60079–1 ..........................
ISA 60079–2 ........................
UL 60079–2 ..........................
NFPA 496 .............................
ISA 61241–2 ........................
ISA 60079–5 ........................
UL 60079–5 ..........................
ISA 60079–6 ........................
UL 60079–6 ..........................
ISA 60079–7 ........................
UL 60079–7 ..........................
ISA 60079–11 ......................
UL 60079–11 ........................
ISA 60079–25 * ....................
ISA 60079–28 ......................
ISA 61241–11 ......................
ISA 60079–15 ......................
UL 60079–15 ........................
ISA 60079–18 ......................
UL 60079–18 ........................
ISA 61241–18 ......................
ISA 60079–26 ......................
ISA 60079–31 ......................
ISA 61241–1 ........................
* 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
Program’s 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 an
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 to
consider adding to the NRTL Program’s
List of Appropriate Standards by: (1)
Monitoring notifications issued by
certain SDOs; (2) reviewing applications
by NRTLs or applicants seeking
recognition to include a new test
standard 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
a new test standard to the NRTL
Program’s List of Appropriate Test
Standards. Table 1, 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.
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TABLE 1—TEST STANDARDS OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST
STANDARDS
Test standard
UL 60079–25 ........................
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Test standard title
Explosive Atmospheres—Part 25: Intrinsically Safe Electrical Systems.
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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices
IV. Preliminary Findings on the
Application
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ITSNA submitted an acceptable
application for expansion of its scope of
recognition. OSHA’s review of the
application file, and pertinent
documentation, indicate that ITSNA can
meet the requirements prescribed by 29
CFR 1910.7 for expanding its
recognition to include the addition of
these 28 test standards for NRTL testing
and certification listed above. This
preliminary finding does not constitute
an interim or temporary approval of
ITSNA’s application.
OSHA welcomes public comment as
to whether ITSNA meets the
requirements of 29 CFR 1910.7 for
expansion of its recognition as an NRTL.
Comments sent in response to this
notice 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 the request is not
adequately justified. To obtain or review
copies of the exhibits identified in this
notice, as well as comments submitted
to the docket, 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
https://www.regulations.gov under
Docket No. OSHA–2007–0039.
OSHA 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
for Occupational Safety and Health
whether to grant ITSNA’s application
for expansion of its scope of recognition.
The Assistant Secretary will make the
final decision on granting the
application. 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
its final decision in the Federal
Register.
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.
VerDate Sep<11>2014
20:55 Sep 13, 2016
Jkt 238001
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 September 9,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–22085 Filed 9–13–16; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0025]
Underwriters Laboratories, Inc.:
Application for Expansion of
Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the application of
Underwriters Laboratories, Inc., for
expansion of its recognition as a
Nationally Recognized Testing
Laboratory (NRTL) and presents the
Agency’s preliminary finding to grant
the application.
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
September 29, 2016.
ADDRESSES: Submit comments by any of
the following methods:
1. Electronically: Submit comments
and attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
2. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, commenters may fax
them to the OSHA Docket Office at (202)
693–1648.
3. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2009–0025,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–2625, Washington, DC 20210;
telephone: (202) 693–2350 (TTY
number: (877) 889–5627). Note that
security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
SUMMARY:
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Fmt 4703
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63229
of materials by express mail, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 8:15 a.m.–4:45 p.m., e.t.
4. Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2009–0025).
OSHA places comments and other
materials, including any personal
information, in the public docket
without revision, and these materials
will be available online at https://
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.
5. Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
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 at
the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in
locating docket submissions.
6. Extension of comment period:
Submit requests for an extension of the
comment period on or before September
29, 2016 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–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 Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
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, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
phone: (202) 693–2110 or email:
robinson.kevin@dol.gov.
E:\FR\FM\14SEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63226-63229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22085]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0039]
Intertek Testing Services NA, Inc.: Application 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.
-----------------------------------------------------------------------
[[Page 63227]]
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 (NRTL) and presents the
Agency's preliminary finding to grant the application. Additionally,
this notice proposes to add a new recognized testing 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 September 29, 2016.
ADDRESSES: Submit comments by any of the following methods:
1. Electronically: Submit comments and attachments electronically
at https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2007-0039, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
4. 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
https://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.
5. Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the https://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 at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
6. Extension of comment period: Submit requests for an extension of
the comment period on or before September 29, 2016 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-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 Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
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, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
The Occupational Safety and Health Administration is providing
notice that Intertek Testing Services NA, Inc. (ITSNA), is applying for
expansion of its current recognition as an NRTL. ITSNA requests the
addition of thirty (30) test standards to its NRTL scope of
recognition.
OSHA recognition of an 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 its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
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 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 https://www.osha.gov/dts/otpca/nrtl/.
ITSNA currently has fourteen facilities (sites) recognized by OSHA
for product testing and certification, with its 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/dts/otpca/nrtl/its.html.
II. General Background on the Application
ITSNA submitted an application, dated June 3, 2015 (OSHA-2007-0039-
0020), to expand its recognition to include 30 additional test
standards. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information and preliminarily
determined that OSHA should grant the application to expand ITSNA's
recognition to include twenty-eight (28) of the 30 requested standards.
OSHA did not perform any on-site reviews in relation to this
application.
Table 1 below lists the appropriate test standards found in ITSNA's
application for expansion for testing and certification of products
under the NRTL Program.
[[Page 63228]]
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
ITSNA's NRTL Scope of Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
ISA 60079-0.................. Explosive Atmospheres--Part 0: Equipment--
General Requirements.
UL 60079-0................... Explosive Atmospheres--Part 0: Equipment--
General Requirements.
ISA 61241-0.................. Electrical Apparatus for Use in Zone 20,
Zone 21, and Zone 22 Hazardous
(Classified) Locations--General
Requirements.
ISA 60079-1.................. Explosive Atmospheres--Part 1: Equipment
Protection by Flameproof Enclosures
``d''.
UL 60079-1................... Explosive Atmospheres--Part 1: Equipment
Protection by Flameproof Enclosures
``d''.
ISA 60079-2.................. Explosive Atmospheres--Part 2: Equipment
Protection by Pressurized Enclosures
``p''.
UL 60079-2................... Explosive Atmospheres--Part 2: Equipment
Protection by Pressurized Enclosures
``p''.
NFPA 496..................... Purged and Pressurized Enclosures for
Electrical Equipment.
ISA 61241-2.................. Electrical Apparatus for Use in Zone 21
and Zone 22 Hazardous (Classified)
Locations--Protection by Pressurication
``pD''.
ISA 60079-5.................. Explosive Atmospheres--Part 5: Equipment
Protection by Powder Filling ``q''.
UL 60079-5................... Explosive Atmospheres--Part 5: Equipment
Protection by Powder Filling ``q''.
ISA 60079-6.................. Explosive Atmospheres--Part 6: Equipment
Protection by Liquid Immersion ``o''.
UL 60079-6................... Explosive Atmospheres--Part 6: Equipment
Protection by Liquid Immersion ``o''.
ISA 60079-7.................. Explosive Atmospheres--Part 7: Equipment
Protection by Increased Safety ``e''.
UL 60079-7................... Explosive Atmospheres--Part 7: Equipment
Protection by Increased Safety ``e''.
ISA 60079-11................. Explosive Atmospheres--Part 11: Equipment
Protection by Intrinsic Safety ``i''.
UL 60079-11.................. Explosive Atmospheres--Part 11: Equipment
Protection by Intrinsic Safety ``i''.
ISA 60079-25 *............... Explosive Atmospheres--Part 25:
Intrinsically Safe Electrical Systems.
ISA 60079-28................. Explosive Atmospheres--Part 28:
Protection of Equipment and Transmission
Systems Using Optical Radiation, Edition
1.1.
ISA 61241-11................. Electrical Apparatus for Use in Zone 20,
Zone 21, and Zone 22 Hazardous
(Classified) Locations--Protection by
Intrinsic Safety ``iD''.
ISA 60079-15................. Explosive Atmospheres--Part 15: Equipment
Protection by Type of Protection ``n''
(Edition 4).
UL 60079-15.................. Explosive Atmospheres--Part 15: Equipment
Protection by Type of Protection ``n''.
ISA 60079-18................. Explosive Atmospheres--Part 18: Equipment
Protection by Encapsulation ``m''.
UL 60079-18.................. Explosive Atmospheres--Part 18: Equipment
Protection by Encapsulation ``m''.
ISA 61241-18................. Electrical Apparatus for Use in Zone 20,
Zone 21, and Zone 22 Hazardous
(Classified) Locations--Protection by
Encapsulation ``mD''.
ISA 60079-26................. Explosive Atmospheres--Part 26: Equipment
for Use in Class I, Zone 0 Hazardous
(Classified) Locations.
ISA 60079-31................. Explosive Atmospheres--Part 31: Equipment
Dust Ignition Protection by Enclosure
``t''.
ISA 61241-1.................. Electrical Apparatus for Use in Zone 21
and Zone 22 Hazardous (Classified)
Locations--Protection by Enclosures
``tD''.
------------------------------------------------------------------------
* 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 Program's 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
an 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 to consider adding to the NRTL Program's List of Appropriate
Standards by: (1) Monitoring notifications issued by certain SDOs; (2)
reviewing applications by NRTLs or applicants seeking recognition to
include a new test standard 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 a new test standard to the
NRTL Program's List of Appropriate Test Standards. Table 1, 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 1--Test Standards OSHA Is Proposing To Add to the NRTL Program's
List of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 60079-25.................. Explosive Atmospheres--Part 25:
Intrinsically Safe Electrical Systems.
------------------------------------------------------------------------
[[Page 63229]]
IV. Preliminary Findings on the Application
ITSNA submitted an acceptable application for expansion of its
scope of recognition. OSHA's review of the application file, and
pertinent documentation, indicate that ITSNA can meet the requirements
prescribed by 29 CFR 1910.7 for expanding its recognition to include
the addition of these 28 test standards for NRTL testing and
certification listed above. This preliminary finding does not
constitute an interim or temporary approval of ITSNA's application.
OSHA welcomes public comment as to whether ITSNA meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL.
Comments sent in response to this notice 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 the request is not adequately
justified. To obtain or review copies of the exhibits identified in
this notice, as well as comments submitted to the docket, 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 https://www.regulations.gov under
Docket No. OSHA-2007-0039.
OSHA 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 for Occupational
Safety and Health whether to grant ITSNA's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. 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 its final decision in the
Federal Register.
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 September 9, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-22085 Filed 9-13-16; 8:45 am]
BILLING CODE 4510-26-P
