Nationally recognized testing laboratories, etc.: Intertek Testing Services, NA, Inc.,

[Federal Register: December 17, 1998 (Volume 63, Number 242)]

[Notices]

[Page 69676-69683]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17de98-101]

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-89]

Intertek Testing Services, NA, Inc., Applications for Renewal and Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

SUMMARY: This notice announces: (1) the application of Intertek Testing Services, NA, Inc., for renewal of its recognition as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7, and (2) the applications of Intertek Testing Services, NA, Inc., for expansion of its recognition to use additional standards, sites, and programs, and presents the Agency's preliminary finding. This preliminary finding does not constitute an interim or temporary approval of these applications.

DATES: Comments submitted by interested parties must be received no later than February 16, 1999.

ADDRESSES: Send comments concerning this notice to: Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N3653, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical Programs and Coordination Activities at the above address, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Application

The Occupational Safety and Health Administration (OSHA) hereby gives notice that Intertek Testing Services, NA, Inc. (ITSNA) has applied for renewal and for expansion of its current recognition as a Nationally Recognized Testing Laboratory (NRTL). ITSNA's expansion request covers the use of additional test standards, sites, and programs. OSHA recognizes an organization as an NRTL, and processes applications related to such recognitions, following requirements in Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Appendix A to this section requires that OSHA publish this public notice of the preliminary finding on an application.

The renewal and expansion of recognition covered by this notice apply only to the administrative, testing, and certification facilities that are part of the ITSNA organization and operations as an NRTL. No part of the recognition will apply to any other part of ITSNA, or to any other legal entity, subsidiary, facility, operation, unit, division, or department of Intertek Testing Services Ltd. (ITSLtd), which encompasses ITSNA. The term ``ITSNA'' also represents the NRTL's predecessors ``ETL'' and/or ``InchcapeNA,'' as appropriate and as explained below.

The most recent notices published by OSHA for ITSNA's recognition covered an expansion for additional sites, which OSHA announced on August 8, 1997 (62 FR 42829) and granted on December 1, 1997 (62 FR 63562). The following is a chronology of the other Federal Register notices published by OSHA concerning the recognition of ITSNA, all of which involved an expansion of recognition for additional test standards: a request announced on October 26, 1990 (55 FR 43229) and granted on December 18, 1990 (55 FR 51971; see correction, 56 FR 2953 1/25/91); a request announced on November 18, 1992 (57 FR 54422) and granted on July 13, 1993 (58 FR 37749; see correction, 58 FR 47001, 9/ 3/93); and a request announced on August 9, 1996 (61 FR 41659) and granted on November 20, 1996 (61 FR 59111; see correction, 63 FR 1126, 1/8/98). The renewal will incorporate all recognitions granted to ITSNA through the date of publication of this preliminary finding.

The current address of the ITSNA testing facilities already recognized by OSHA are:

ITSNA Cortland, 3933 U.S. Route 11, Cortland, New York 13045 ITSNA Boxborough, 593 Massachusetts Avenue, Boxborough, Massachusetts 01719 ITSNA Atlanta, 4317-A Park Drive, Norcross, Georgia 30093 ITSNA San Francisco, 1365 Adams Court, Menlo Park, CA 94025 *ITSNA Pittsburg, 530 Garcia Avenue, Pittsburg, California 94565 *ITSNA Vancouver, 211 Schoolhouse Street, Coquitlam, British Columbia, V3K 4X9 Canada ITSNA Hong Kong, 2/F., Garment Centre, 576 Castle Peak Road, Kowloon, Hong Kong ITSNA Taiwan, 14/F Huei Fung Building, 27, Chung Shan North Road, Sec. 3, Taipei 10451, Taiwan

The current address of the ITSNA/ETL ``Certification'' office to be recognized as part of the renewal request is:

ITSNA Cortland Certification, 24 Groton Avenue, Cortland, New York 13045.

The current address of the additional ITSNA testing sites covered by the expansion requests are:

ITSNA Los Angeles, 27611 LaPaz Road, Suite C, Laguna Niguel, California 92677 ITSNA Minneapolis, 7435 Fourth Street North, Lake Elmo, Minnesota 55042 ITSNA Totowa, 40 Commerce Way, Unit B, Totowa, New Jersey 07512 *ITSNA Madison, 8431 Murphy Drive, Middleton, Wisconsin 53562

* One of the three sites permitted to authorize the use of the ``WHI'' certification mark.

General Background on the Applicant and Applications

ITSNA, as ``ETL,'' has submitted a request for the renewal, dated September 29, 1993 (see Exhibit 30A). It later submitted multiple requests to expand its recognition: applications for recognition of additional sites, dated August 24, 1994 (see Exhibits 30B, 30C, and 30D), and dated April 3, 1996 (see Exhibit 30E); requests for recognition to use additional test standards, dated April 25, 1997 and January 2, 1998 (see Exhibits 30F and 30H); and the request for recognition to use additional programs and procedures, dated November 20, 1997 (see Exhibit 30G). ITSNA submitted an application for another site that it subsequently withdrew.

When first recognized as an NRTL in 1989, the organization's name was ETL Testing Laboratories, Inc. (ETL). According to the preliminary Federal Register notice for the recognition (54 FR 8411), ETL was part of Inchcape

[[Page 69677]]

Inspection and Testing Services, U.S.A., Inc. (IITS), based in New York. IITS was in turn owned by Inchcape plc, based in the United Kingdom.

In 1996, ``ETL'' informed OSHA (See Exhibit 23E) of a change in legal structure and name to ``Inchcape Testing Services NA, Inc.'' (InchcapeNA). OSHA published a final notice reflecting this change on November 20, 1996 (61 FR 59111). In this notice, OSHA also noted: (1) the 1991 acquisition by IITS of Dash, Strauss, and Goodhue, Inc. (DS&G), and (2) that it granted the voluntary termination of recognition of DS&G as an NRTL, as requested by InchcapeNA. OSHA had recognized DS&G as an NRTL on June 16, 1989 (54 FR 25643) for one location. This site maintained its recognition as part of IITS.

More recently, InchcapeNA informed OSHA (see Exhibit 25F) of the substantial acquisition of ``Inchcape Testing Services'' by Charterhouse Development Capitol Limited (Charterhouse) and ``affiliated investors.'' Following this, ``InchcapeNA'' informed OSHA (see Exhibit 25G) of a name change to ``Intertek Testing Services NA Inc.'' in connection with a change in corporate identity by ITSLtd, headquartered in London, England.

ITSNA, as ETL, received its recognition as an NRTL on September 13, 1989 (see 54 FR 37845), for a period of five years ending September 13, 1994. Appendix A to 29 CFR 1910.7 stipulates that the period of recognition of an NRTL is five years and that an NRTL may renew its recognition by applying not less than nine months, nor more than one year, before the expiration date of its current recognition. ETL submitted its renewal request within the time allotted, and ITSNA retains its recognition pending OSHA's final decision in this renewal process. However, OSHA temporarily withheld its consideration of the renewal and the expansion requests pending resolution by the NRTL of discrepancies noted at its facilities during OSHA audits. Staff of the OSHA NRTL Program accepted resolution of the discrepancies in December 1996, permitting OSHA to resume processing all the requests it had received from ITSNA.

Regarding the expansions, ITSNA requests recognition to use additional standards, testing facilities (sites), and additional programs and procedures. All the ITSNA testing sites listed above will be recognized to use the programs and procedures, and to perform testing, but not to authorize the ``ETL'' certifications.

Renewal of NRTL Recognition

ITSNA seeks renewal of its recognition for the eight sites that OSHA has previously recognized. The renewal of each of these sites is limited to performing testing to the test standards for which OSHA has recognized ITSNA, and for which the site has the proper capability and control programs. However, OSHA intends to impose certain limitations on the testing that can be performed at ITSNA's sites, and in general, to the testing permitted under some of the test standards.

The renewal will allow ITSNA to maintain its current operation as an NRTL. Specifically, only the ITSNA ``Cortland Certification'' office, currently at the address identified above, may authorize the use of the ``ETL'' certification mark or certifications for the NRTL Program. Only the Vancouver, Pittsburg, and proposed Madison sites identified above may authorize the use of the ``WHI'' (Warnock Hersey) certification mark or certifications.

ITSNA also seeks renewal of its recognition for testing and certification of products to demonstrate compliance to the following 405 test standards, which OSHA has previously recognized for ITSNA. OSHA recognition of any NRTL for a particular test standard is limited to products for which OSHA standards require third party testing and certification before use in the workplace.

ANSI/ASME A90.1 Safety Standard for Belt Manlifts ANSI/IEEE C37.13 Low Voltage AC Power Circuit Breakers Used in Enclosures ANSI/IEEE C37.14 Low Voltage DC Power Circuit Breakers Used in Enclosures ANSI/IEEE C37.20.1 Metal-Enclosed Low Voltage Power Circuit Breaker Switchgear ANSI/IEEE C37.20.2 Metal-Clad and Station-Type Cubicle Switchgear ANSI/IEEE C37.20.3 Metal-Enclosed Interrupter Switchgear \1\ ANSI/ISA S12.12 Nonincendive Electrical Equipment for Use in Class I and II, Division 2, and Class III, Divisions 1 and 2, Hazardous (Classified) Locations ANSI/ISA S12.13.1 Performance Requirements for Combustible Gas Detectors ANSI Z21.1 Household Cooking Gas Appliances ANSI Z21.5.1 Gas Clothes Dryers--Volume I--Type 1 Clothes Dryers ANSI Z21.5.2 Gas Clothes Dryers--Volume II--Type 2 Clothes Dryers ANSI Z21.10.1 Gas Water Heaters--Volume I--Storage Water Heaters with Input Ratings of 75,000 Btu per Hour or less ANSI Z21.10.3 Gas Water Heaters--Volume III--Storage, with Input Ratings above 75,000 Btu per Hour, Circulating and Instantaneous Water Heaters ANSI Z21.11.1 Gas-Fired Room Heaters--Volume I--Vented Room Heaters ANSI Z21.11.2 Gas-Fired Room Heaters--Volume II, Unvented Room Heaters ANSI Z21.12 Draft Hoods ANSI Z21.13 Gas-Fired Low-Pressure Steam and Hot Water Boilers ANSI Z21.15 Manually Operated Gas Valves ANSI Z21.17 Domestic Gas Conversion Burners ANSI Z21.18 Gas Appliance Pressure Regulators ANSI Z21.20 Automatic Gas Ignition Systems and Components ANSI Z21.21 Automatic Valves for Gas Appliances ANSI Z21.23 Gas Appliance Thermostats ANSI Z21.35 Pilot Gas Filters ANSI Z21.40.1 Gas-Fired, Heat Activated Air Conditioning and Heat Pump Appliances ANSI Z21.40.2 Gas-Fired, Work Activated Air-Conditioning and Heat Pump Appliances (Internal Combustion) ANSI Z21.47 Gas-Fired Central Furnaces ANSI Z21.48 Gas-Fired Gravity and Fan Type Floor Furnaces ANSI Z21.49 Gas-Type Gravity and Fan Type Vented Wall Furnaces ANSI Z21.56 Gas-Fired Pool Heaters ANSI Z83.4 Direct Gas-Fired Make-Up Air Heaters ANSI Z83.8 Gas Unit Heaters and Gas-Fired Duct Furnaces ANSI Z83.11 Gas Food Service Equipment--Range and Unit Broilers ANSI Z83.16 Gas-Fired Unvented Commercial and Industrial Heaters ANSI Z83.18 Direct Gas-Fired Industrial Air Heaters ANSI/UL 1 Flexible Metal Conduit ANSI/UL 3 Flexible Nonmetallic Tubing for Electric Wiring ANSI/UL 4 Armored Cable ANSI/UL 5 Surface Metal Raceways and Fittings UL 6 Rigid Metal Conduit UL 9 Fire Tests of Window Assemblies UL 10B Fire Tests of Door Assemblies UL 10C Positive Pressure Fire Tests of Door Assemblies UL 13 Power-Limited Circuit Cables ANSI/UL 17 Vent or Chimney Connector Dampers for Oil-Fired Appliances ANSI/UL 20 General-Use Snap Switches ANSI/UL 21 LP-Gas Hose ANSI/UL 22 Amusement and Gaming Machines ANSI/UL 25 Meters for Flammable and Combustible Liquids and LP Gas ANSI/UL 44 Rubber-Insulated Wires and Cables ANSI/UL 45 Portable Electric Tools ANSI/UL 48 Electric Signs ANSI/UL 50 Electrical Cabinets and Boxes ANSI/UL 62 Flexible Cord and Fixture Wire ANSI/UL 65 [Electric] Wired Cabinets ANSI/UL 67 [Electric] Panelboards ANSI/UL 69 Electric-Fence Controllers ANSI/UL 73 [Electric] Motor-Operated Appliances ANSI/UL 79 Power-Operated Pumps for Petroleum Product Dispensing Systems ANSI/UL 82 Electric Gardening Appliances ANSI/UL 83 Thermoplastic-Insulated Wires and Cables ANSI/UL 87 Power-Operated Dispensing Devices for Petroleum Products

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ANSI/UL 94 Tests for Flammability of Plastic Materials for Parts in Devices and Appliances ANSI/UL 96 Lightning Protection Components ANSI/UL 98Enclosed and Dead-Front Switches UL 104 Elevator Door Locking Devices and Contacts ANSI/UL 114 Electric Office Appliances and Business Equipment ANSI/UL 122 Photographic Equipment ANSI/UL 130 Electric Heating Pads UL 136 Pressure Cookers ANSI/UL 141 Garment Finishing Appliances ANSI/UL 150 Antenna Rotators ANSI/UL 153 Portable Electric Lamps ANSI/UL 154 Carbon-Dioxide Fire Extinguisher ANSI/UL 174 Household Electric Storage Tank Water Heaters UL 181 Factory Made Air Ducts and Connectors ANSI/UL 183 Manufactured Wiring Systems ANSI/UL 187 X-Ray Equipment ANSI/UL 197 Commercial Electric Cooking Appliances ANSI/UL 198B Class H Fuses ANSI/UL Class K Fuses ANSI/UL 198E Class R Fuses ANSI/UL 198F Plug Fuses ANSI/UL 198G Fuses for Supplementary Overcurrent Protection ANSI/UL 198H Class T Fuses ANSI/UL 198L DC Fuses for Industrial Uses ANSI/UL 198M Mine-Duty Fuses ANSI/UL 201 Standard for Garage Equipment ANSI/UL 207 Refrigerant Containing Components and Accessories, Nonelectrical UL 209 Cellular Metal Floor Raceways and Fittings ANSI/UL 224 Extruded Insulating Tubing ANSI/UL 231 [Electrical] Power Outlets ANSI/UL 244A Solid-State Controls for Appliances ANSI/UL 250 Household Refrigerators and Freezers ANSI/UL 291 Automated Teller Systems ANSI/UL 294 Access Control System Units ANSI/UL 296 Oil Burners ANSI/UL 296A Waste Oil-Burning Air-Heating Appliances ANSI/UL 298 Portable Electric Hand Lamps ANSI/UL 299 Dry Chemical Fire Extinguisher ANSI/UL 303 Refrigeration and Air-Conditioning Condensing and Compressor Units ANSI/UL 307A Liquid Fuel-Burning Heating Appliances for Manufactured Homes and Recreational Vehicles ANSI/UL 310 Electrical Quick-Connect Terminals ANSI/UL 325 Door, Drapery, Gate, Louver, and Window Operators and Systems UL 330 Hose and Hose Assemblies for Dispensing Gasoline ANSI/UL 343 Pumps for Oil-Burning Appliances ANSI/UL 347 High-Voltage Industrial Control Equipment ANSI/UL 353 Limit Controls ANSI/UL 355 Cord Reels ANSI/UL 360 Liquid-Tight Flexible Steel Conduit ANSI/UL 363 Knife Switches ANSI/UL 365 Police Station Connected Burglar Alarm Units and Systems ANSI/UL 372 Primary Safety Controls for Gas-and Oil-Fired Appliances UL 378 Draft Equipment ANSI/UL 399 Drinking-Water Coolers ANSI/UL 407 Manifolds for Compressed Gases ANSI/UL 412 Refrigeration Unit Coolers ANSI/UL 414 Meter Sockets ANSI/UL 416 Refrigerated Medical Equipment ANSI/UL 427 Refrigerating Units ANSI/UL 429 Electrically Operated Valves ANSI/UL 430 [Electric] Waste Disposers ANSI/UL 443 Steel Auxiliary Tanks for Oil-Burner Fuel UL 444 Communications Cables ANSI/UL 448 Pumps for Fire-Protection Service ANSI/UL 464 Audible Signal Appliances ANSI/UL 465 Central Cooling Air Conditioners ANSI/UL 466 Electric Scales ANSI/UL 467 [Electrical] Grounding and Bonding Equipment ANSI/UL 469 Musical Instruments and Accessories ANSI/UL 471 Commercial Refrigerators and Freezers ANSI/UL 474 Dehumidifiers ANSI/UL 482 Portable Sun/Heat Lamps ANSI/UL 484 Room Air Conditioners ANSI/UL 486A Wire Connectors and Soldering Lugs for Use With Copper Conductors ANSI/UL 486B Wire Connectors for Use with Aluminum Conductors ANSI/UL 486C Splicing Wire Connectors ANSI/UL 486E Equipment Wiring Terminals for Use with Aluminum and/or Cooper Conductors ANSI/UL 489 Molded-Case Circuit Breakers and Circuit-Breaker Enclosures ANSI/UL 493 Thermoplastic-Insulated Underground Feeder and Branch- Circuit Cables ANSI/UL 496 Edison Base Lampholders ANSI/UL 497 Protectors for Communication Circuits UL 497A Secondary Protectors for Communication Circuits ANSI/UL 497B Protectors for Data Communication and Fire Alarm Circuits ANSI/UL 498 Attachment Plugs and Receptacles ANSI/UL 499 Electric Heating Appliances ANSI/UL 506 Specialty Transformers ANSI/UL 507 Electric Fans ANSI/UL 508 Electric Industrial Control Equipment ANSI/UL 508C Power Conversion Equipment ANSI/UL 510 Insulating Tape ANSI/UL 512 Fuseholders ANSI/UL 514A Metallic Outlet Boxes ANSI/UL 514B Fittings for Conduit and Outlet Boxes ANSI/UL 514C Nonmetallic Outlet Boxes, Flush-Device Boxes and Covers ANSI/UL 525 Flame Arresters for Use on Vents of Storage Tanks for Petroleum Oil and Gasoline ANSI/UL 541 Refrigerated Vending Machines ANSI/UL 542 Lampholders, Starters, and Starter Holders for Fluorescent Lamps UL 544 Electric Medical and Dental Equipment ANSI/UL 547 Thermal Protectors for Electric Motors ANSI/UL 551 Transformer-Type Arc-Welding Machines ANSI/UL 558 Industrial Trucks, Internal Combustion Engineer-Powered ANSI/UL 559 Heat Pumps ANSI/UL 561 Floor-Finishing Machines ANSI/UL 563 Ice Makers ANSI/UL 567 Pipe Connectors for Flammable and Combustible Liquids and LP Gas ANSI/UL 574 Electric Oil Heaters ANSI/UL 583 Electric-Battery-Powered Industrial Trucks ANSI/UL 603 Power Supplies for Use with Burglar-Alarm Systems ANSI/UL 606 Linings and Screens for Use with Burglar-Alarm Systems ANSI/UL 609 Local Burglar-Alarm Units and Systems ANSI/UL 621 Ice Cream Makers ANSI/UL 626 2 \1/2\ Gallon Stored-Pressure, Water-Type Fire Extinguisher ANSI/UL 632 Electrically Actuated Transmitters ANSI/UL 634 Connectors and Switches for Use with Burglar-Alarm Systems ANSI/UL 639 Intrusion-Detection Units ANSI/UL 641 Low-Temperature Venting Systems, Type L ANSI/UL 644 Container Assemblies for LP-Gas ANSI/UL 651 Schedule 40 and 80 PVC Conduit ANSI/UL 651A Type EB and A Rigid PVC Conduit and HDPE Conduit UL 664 Commercial Dry-Cleaning Machines (Type IV) ‹SUP›(1)‹/SUP› ANSI/UL 674 Electric Motors and Generators for Use in Hazardous Locations, Class I, Groups C and D, Class II, Groups E, F, and G ANSI/UL 676 Underwater Lighting Fixtures ‹SUP›(1)‹/SUP› ANSI/UL 698 Industrial Control Equipment for Use in Hazardous (Classified) Locations ANSI/UL 705 Power Ventilators UL 710 Exhaust Hoods for Commercial Cooking Equipment ANSI/UL 711 Rating and Fire Testing of Fire Extinguishers ANSI/UL 719 Nonmetallic Sheathes Cables ANSI/UL 726 Oil-Fired Boiler Assemblies ANSI/UL 727 Oil-Fired Central Furnaces ANSI/UL 729 Oil-Fired Floor Furnaces ANSI/UL 730 Oil-Fired Wall Furnaces ANSI/UL 731 Oil-Fired Unit Heaters ANSI/UL 732 Oil-Fired Storage Tank Water Heaters UL 733 Oil-Fired Air Heaters and Direct-Fired Heaters UL 745-1 Portable Electric Tools UL 745-2-1 Particular Requirements of Drills UL 745-2-2 Particular Requirements for Screwdrivers and Impact Wrenches UL 745-2-3 Particular Requirements for Grinders, Polishers, and Disk-Type Sanders UL 745-2-4 Particular Requirements for Sanders UL 745-2-5 Particular Requirements for Circular Saws and Circular Knives UL 745-2-6 Particular Requirements for Hammers UL 745-2-8 Particular Requirements for Shears and Nibblers UL 745-2-9 Particular Requirements for Tappers

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UL 745-2-11 Particular Requirements for Reciprocating Saws UL 745-2-12 Particular Requirements for Concrete Vibrators UL 745-2-14 Particular Requirements for Planers UL 745-2-17 Particular Requirements for Routers and Trimmers UL 745-2-30 Particular Requirements for Staplers UL 745-2-31 Particular Requirements for Diamond Core Drills UL 745-2-32 Particular Requirements for Magnetic Drill Presses UL 745-2-33 Particular Requirements for Portable Bandsaws UL 745-2-34 Particular Requirements for Strapping Tools UL 745-2-35 Particular Requirements for Drain Cleaners UL 745-2-36 Particular Requirements for Hand Motor Tools UL 745-2-37 Particular Requirements for Plate Jointers ANSI/UL 746C Polymeric Materials--Use in Electrical Equipment Evaluations ANSI/UL 749 Household [Electric] Dishwashers ANSI/UL 751 Vending Machines ANSI/UL 756 Coin and Currency Changers and Actuators UL 763 Motor-Operated Commercial Food Preparing Machines ANSI/UL 773 Plug-In, Locking Type Photocontrols for Use with Area Lighting ANSI/UL 773A Nonindustrial Photoelectric Switches for Lighting Control UL 775 Graphic Arts Equipment ANSI/UL 778 Motor-Operated Water Pumps ‹SUP›(1)‹/SUP›ANSI/UL 781 Portable Electric Lighting Units for Use in Hazardous (Classified) Locations UL 795 Commercial-Industrial Gas-Heating Equipment ANSI/UL 796 Electrical Printed-Wiring Boards ANSI/UL 797 Electrical Metallic Tubing UL 810 Capacitors ANSI/UL 813 Commercial Audio Equipment ANSI/UL 814 Gas-Tube-Sign and Ignition Cable ANSI/UL 817 Cord Sets and Power-Supply Cords ‹SUP›(1)‹/SUP›ANSI/UL 823 Electric Heaters for Use in Hazardous (Classified) Locations ANSI/UL 826 Household Electric Clocks ANSI/UL 827 Central-Stations for Watchman, Fire-Alarm, and Supervisory Services ANSI/UL 834 Electric Heating, Water Supply, and Power Boilers ANSI/UL 842 Valves for Flammable Liquids ‹SUP›(1)‹/SUP›ANSI/UL 844 Electric Lighting Fixtures for Use in Hazardous (Classified) Locations ANSI/UL 845 Motor Control Centers ANSI/UL 854 Service-Entrance Cables ANSI/UL 857 Electric Busways and Associated Fittings ANSI/UL 858 Household Electric Ranges UL 858A Safety-Related Solid-State Controls for Household Electric Ranges ANSI/UL 859 Electrical Personal Grooming Appliances ANSI/UL 863 Time-Indicating and--Recording Appliances ANSI/UL 864 Control Units for Fire-Protective Signaling Systems ANSI/UL 867 Electrostatic Air Cleaners ANSI/UL 873 [Electrical] Temperature-Indicating and Regulating Equipment ANSI/UL 875 Electric Dry Bath Heaters ‹SUP›(1)‹/SUP›ANSI/UL 877 Circuit Breakers and Circuit-Breaker Enclosures for Use in Hazardous (Classified) Locations ANSI/UL 879 Electrode Receptacles for Gas-Tube Signs ANSI/UL 883 Fan-Coil Units and Room Fan-Heater Units ANSI/UL 884 Underfloor Raceways and Fittings ‹SUP›(1)‹/SUP›ANSI/UL 886 Outlet Boxes and Fittings for Use in Hazardous (Classified) Locations ANSI/UL 891 Dead-Front Electrical Switchboards ‹SUP›(1)‹/SUP›ANSI/UL 894 Switches for Use in Hazardous (Classified) Locations ANSI/UL 900 Test Performance of Air-Filter Units ANSI/UL 910 Test Method for Fire and Smoke Characteristics of Electrical and Optical-Fiber Cables Used in Air Handling Spaces ANSI/UL 913 Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous Locations ANSI/UL 916 Energy Management Equipment ANSI/UL 917 Clock-Operated Switches ANSI/UL 921 Commercial Electric Dishwashers ANSI/UL 923 Microwave Cooking Appliances ANSI/UL 924 Emergency Lighting and Power Equipment ANSI/UL 935 Fluorescent-Lamp Ballasts ANSI/UL 943 Ground-Fault Circuit Interrupters ANSI/UL 961 Hobby and Sports Equipment ANSI/UL 964 Electrically Heated Bedding ANSI/UL 969 Marking and Labeling Systems ANSI/UL 977 Fuse Power-Circuit Devices ANSI/UL 982 Motor-Operated Household Food Preparing Machines ANSI/UL 983 Surveillance Camera Units ANSI/UL 984 Hermetic Refrigerant Motor-Compressors ANSI/UL 987 Stationary and Fixed Electric Tools UL 991 Safety-Related Controls Employing Solid-State Devices ANSI/UL 998 Humidifiers ‹SUP›(1)‹/SUP›ANSI/UL 1002 Electrically Operated Valves for Use in Hazardous (Classified) Locations ANSI/UL 1004 Electric Motors ANSI/UL 1005 Electric Flatirons ANSI/UL 1008 Automatic Transfer Switches ANSI/UL 1012 Power Supplies ANSI/UL 1017 Vacuum Cleaner Machines and Blower Cleaners ANSI/UL 1020 Thermal Cutoffs for Use in Electrical Appliances and Components UL 1022 Line Isolated Monitors ANSI/UL 1026 Electric Household Cooking and Food Serving Appliances ANSI/UL 1028 [Electric] Hair-Clipping and Shaving Appliances ANSI/UL 1029 High-Intensity Discharge Lamp Ballasts ANSI/UL 1030 Sheathed Heating Elements ANSI/UL 1037 Antitheft Alarms and Devices ANSI/UL 1042 Electric Baseboard Heating Equipment ANSI/UL 1047 Isolated Power Systems Equipment ANSI/UL 1054 Special-Use Switches UL 1059 [Electrical] Terminal Blocks ANSI/UL 1063 Machine-Tool Wires and Cables ANSI/UL 1066 Low-Voltage AC or DC Power Circuit Breakers Used in Enclosures ANSI/UL 1069 Hospital Signaling and Nurse-Call System ANSI/UL 1072 Medium-Voltage Power Cables UL 1075 Gas Fired Cooling Appliances for Recreational Vehicles ANSI/UL 1076 Proprietary Burglar Alarm Units and Systems ANSI/UL 1077 Supplementary Protectors for Use in Electrical Equipment ANSI/UL 1081 [Electric] Swimming Pool Pumps, Filters, and Chlorinators ANSI/UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances ANSI/UL 1083 Household Electric Skillets and Frying-Type Appliances ANSI/UL 1086 Household Trash Compactors ANSI/UL 1097 Double Insulation Systems for Use in Electrical Equipment ‹SUP›(1)‹/SUP›ANSI/UL 1203 Explosion-Proof and Dust-Ignition-Proof Electrical Equipment for Use in Hazardous (Classified) Locations UL 1206 Electrical Commercial Clothes-Washing Equipment ANSI/UL 1207 Sewage Pumps for Use in Hazardous [Class I only] (Classified) Locations ANSI/UL 1230 Amateur Movie Lights ANSI/UL 1236 Electric Battery Chargers ANSI/UL 1238 Control Equipment for Use with Flammable Liquid Dispensing Devices UL 1240 Electric Commercial Clothes-Drying Equipment UL 1244 Electrical and Electronic Measuring and Testing Equipment ANSI/UL 1261 Electric Water Heaters for Pools and Tubs ANSI/UL 1262 Laboratory Equipment ANSI/UL 1270 Radio Receivers, Audio Systems, and Accessories ANSI/UL 1277 Electrical Power and Control Tray Cables with Optional Optical-Fiber Members ANSI/UL 1278 Movable and Wall- or Ceiling-Hung Electric Room Heaters ANSI/UL 1286 Office Furnishings ANSI/UL 1310 Direct Plug-In Transformer Units ANSI/UL 1313 Nonmetallic Safety Cans for Petroleum Products ANSI/UL 1316 Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products UL 1323 Scaffold Hoists ANSI/UL 1409 Low-Voltage Video Products Without Cathode-Ray-Tube Displays ANSI/UL 1410 Television Receivers and High-Voltage Video Products ANSI/UL 1411 Transformers and Motor Transformers for Use in Audio-, Radio-, and Television-Type Appliances ANSI/UL 1413 High-Voltage Components for Television-Type Appliances ANSI/UL 1414 Across-the-Line, Antenna-Coupling, and Line-By-Pass Capacitors for Radio- and Television-Type Appliances

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ANSI/UL 1416 Overcurrent and Overtemperature Protectors for Radio- and Television-Type Appliances ANSI/UL 1417 Special Fuses for Radio- and Television-Type Appliances ANSI/UL 1418 Implosion-Protected Cathode-Ray Tubes for Television- Type Appliances ANSI/UL 1424 Cables for Power-Limited Alarm Circuits ANSI/UL 1433 Control Centers for Changing Message Type Electric Signs ANSI/UL 1436 Outlet Circuit Testers and Similar Indicating Devices UL 1437 Electrical Analog Instruments--Panel Board Types ANSI/UL 1438 Household Electric Drip-Type Coffee Makers ANSI/UL 1445 Electric Water Bed Heaters ANSI/UL 1446 Systems of Insulating Materials--General ANSI/UL 1447 Electric Lawn Mowers ANSI/UL 1448 Electric Hedge Trimmers UL 1449 Transient Voltage Surge Suppressors ANSI/UL 1450 Motor-Operated Air Compressors, Vacuum Pumps and Painting Equipment ANSI/UL 1453 Electric Booster and Commercial Storage Tank Water Heaters UL 1459 Telephone Equipment ANSI/UL 1480 Speakers for Fire Protective Signaling Systems ANSI/UL 1481 Power Supplies for Fire Protective Signaling Systems ANSI/UL 1492 Audio-Video Products and Accessories ANSI/UL 1557 Electrically Isolated Semiconductor Devices UL 1558 Metal-Enclosed Low-Voltage Power Circuit Breaker Switchgear ANSI/UL 1559 Insect-Control Equipment, Electrocution Type ANSI/UL 1561 Large General Purpose transformers UL 1562 Transformers, Distribution, Dry-Type--Over 600 Volts ANSI/UL 1563 Electric Hot Tubs, Spas, and Associated Equipment ANSI/UL 1564 Industrial Battery Chargers ANSI/UL 1565 Wire Positioning Devices UL 1567 Receptacles and Switches for Use With Aluminum Wire ANSI/UL 1569 Metal-Clad Cables ANSI/UL 1570 Fluorescent Lighting Fixtures ANSI/UL 1571 Incandescent Lighting Fixtures ANSI/UL 1572 High Intensity Discharge Lighting Fixtures ANSI/UL 1573 Stage and Studio Lighting Units ANSI/UL 1574 Track Lighting Systems ANSI/UL 1577 Optical Isolaters ANSI/UL 1581 Reference Standard for Electrical Wires, Cables, and Flexible Cords ANSI/UL 1585 Class 2 and Class 3 Transformers ANSI/UL 1594 Sewing and Cutting Machines \1\ UL 1604 Electrical Equipment for Use in Class I and II, Division 2, and Class III Hazardous (Classified) Locations ANSI/UL 1610 Central-Station Burglar-Alarm Units ANSI/UL 1638 Visual Signaling Appliances UL 1640 Portable Power Distribution Units ANSI/UL 1647 Motor-Operated Massage and Exercise Machines UL 1660 Liquid-Tight Flexible Nonmetallic Conduit ANSI/UL 1662 Electric Chain Saws ANSI/UL 1664 Immersion-Detection Circuit-Interrupters ANSI/UL 1666 Standard Test for Flame Propagation Height of Electrical and Optical-Fiber Cables Installed Vertically in Shafts ANSI/UL 1673 Electric Space Heating Cables ANSI/UL 1676 Discharge Path Resistors ANSI/UL 1690 Data-Processing Cables ANSI/UL 1711 Amplifiers for Fire Protective Signaling Systems ANSI/UL 1727 Commercial Electric Personal Grooming Appliances UL 1738 Venting Systems for Gas-Burning Appliances, Categories II, III, and IV ANSI/UL 1778 Uninterruptible Power Supply Equipment UL 1795 Hydromassage Bathtubs UL 1812 Ducted Heat Recovery Ventilators UL 1815 Nonducted Heat Recovery Ventilators ANSI/UL 1876 Isolating Signal and Feedback Transformers for Use in Electronic Equipment ANSI/UL 1917 Solid-State Fan Speed Controls ANSI/UL 1950 Information Technology Equipment Including Electrical Business Equipment UL 1993 Self-Ballasted Lamps and Lamp Adapters UL 1994 Low-Level Path Marking and Lighting Systems UL 1995 Heating and Cooling Equipment ANSI/UL 1996 Duct Heaters UL 2021 Fixed and Location-Dedicated Electric Room Heaters ANSI/UL 2044 Commercial Closed Circuit Television Equipment ANSI/UL 2097 Double Insulation Systems for Use in Electronic Equipment UL 2601-1 Medical Electrical Equipment, Part 1: General Requirements for Safety UL 3044 Surveillance Closed Circuit Television Equipment UL 3101-1 Electrical Equipment for Laboratory Use; Part 1: General UL 3111-1 Electrical Measuring and Test Equipment, Part 1: General ANSI/UL 6500 Audio/Visual and Musical Instrument Apparatus for Household, Commercial, and Similar General Use UL 8730-1 Electrical Controls for Household and Similar Use; Part 1: General UL 8730-2-4 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Thermal Motor Protectors for Motor Compressors or Hermetic and Semi-Hermetic Type UL 8730-2-7 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Timers and Time Switches UL 8730-2-8 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Electrically Operated Water Valves

\1\ Testing and certification of products under this test standard is limited to Class I locations. See also general note and condition for hazardous location testing.

Note 1--All safety testing for Class I locations is limited to recognized ITSNA sites properly pre-qualified by ITSNA. See ``Limitations.''

Note 2--Testing and certification of gas operated equipment is limited to equipment for use with ``liquefied petroleum gas.''

The designations and titles of the above test standards were current at the time of the preparation of this notice. They may differ from those that OSHA used in the original recognition of the test standards published in the Federal Register. In addition, OSHA had recognized ITSNA for ASTM E152, ASTM E163, and a few other standards that the standards organization has withdrawn or replaced. ITSNA has substituted alternative standards where possible, and these are listed above.

In their report on the recognitions, the NRTL Program staff recommended certain limitations on intrinsic testing that will apply to all hazardous location testing. These limitations are described partly in the note above and more fully under Limitations below. These limitations will apply to the renewal of recognition of the above test standards.

Expansion of NRTL Recognition

Expansion of Recognition--Additional Facilities

ITSNA requests recognition of the 4 additional sites listed above. OSHA's recognition of the Los Angeles, Minneapolis, and Totowa sites will be limited to performing testing to the test standards for which the site has the proper capability and control programs. In addition, OSHA will not recognize these three sites for authorizing certifications under the NRTL Program. OSHA intends to recognize the Madison site for performing testing to a limited number of test standards, but also for authorizing the ``WHI'' certifications under the Program. However, as previously noted, OSHA intends to impose certain limitations on the testing that can be performed at ITSNA's sites, and in general, to the testing permitted under some of the test standards. The expansion will also permit ITSNA to conduct activities that meet the criteria of the specific programs for which ITSNA seeks recognition.

Expansion of Recognition--Additional Test Standards

ITSNA seeks recognition for testing and certification of products to demonstrate compliance with the following 112 test standards, and OSHA has determined the standards are appropriate, as prescribed by 29 CFR 1910.7(c). OSHA recognition of any NRTL for a particular test standard is limited to products for which OSHA standards require third party testing and

[[Page 69681]]

certification before use in the workplace.

\2\ ANSI/IEEE C37.013 AC High-Voltage Generator Circuit Breakers Rated on a Symmetrical Current Basis \2\ ANSI C37.17 Trip Devices for AC and General Purpose DC Low- Voltage Power Circuit Breakers \2\ ANSI/IEEE C37.18 Enclosed Field Discharge Circuit Breakers for Rotating Electric Machinery \2\ ANSI/IEEE C37.21 Control Switchboards \2\ ANSI/IEEE C37.29 Low-Voltage AC Power Circuit Protectors Used in Enclosures \2\ ANSI/IEEE C37.38 Gas-Insulated, Metal-Enclosed Disconnecting, Interrupter and Grounding Switches \2\ ANSI C37.46 Power Fuses and Fuse Disconnecting Switches \2\ ANSI C37.50 Low-Voltage AC Power Circuit Breakers Used in Enclosures--Test Procedures \2\ ANSI C37.51 Metal-Enclosed Low-Voltage AC Power Circuit-Breaker Switchgear Assemblies--Conformance Test Procedures \2\ ANSI C37.55 Metal-Clad Switchgear Assemblies--Conformance Test Procedures \2\ ANSI C37.57 Metal-Enclosed Interrupter Switchgear Assemblies-- Conformance Testing \2\ ANSI/IEEE C37.90 Relays and Relay Systems Associated with Electric Power Apparatus \2\ ANSI C37.121 Unit Substations--Requirements \2\ ANSI/IEEE C57.12.00 Distribution, Power and Regulating Transformers--General Requirements \2\ ANSI/IEEE C57.13 Instrument Transformers--Requirements \2\ ANSI/IEEE C57.13.2 Instrument Transformers--Conformance Test Procedures \2\ ANSI/IEEE C62.11 Metal-Oxide Surge Arresters for AC Power Circuits ANSI K61.1 Storage and Handling of Anhydrous Ammonia (CGA G-2.1) ANSI/ISA S82.01 Electrical and Electronic Test, Measuring, Control and Related Equipment: General Requirements ANSI/ISA S82.03 Electrical and Electronic Process Measuring and Control Equipment ANSI Z21.24 Metal Connectors for Gas Appliances ANSI Z21.44 Gas-Fired Gravity and Fan-Type Direct Vent Wall Furnaces ANSI Z21.50 Vented Decorative Gas Appliances ANSI Z21.57 Recreational Vehicle Cooking Gas Appliances ANSI Z21.58 Outdoor Cooking Gas Appliances ANSI Z21.60 Decorative Gas Appliances for Installation in Solid-Fuel Burning Fireplaces ANSI Z21.72 Portable Camp Cook Stoves for Use With Propane Gas ANSI Z83.6 Gas-Fired Infrared Heaters ANSI Z83.7 Gas-Fired Construction Heater UL 5A Nonmetallic Surface Raceways and Fittings ANSI/UL 8 Foam Fire Extinguishers ANSI/UL 123 Oxy-Fuel Gas Torches ANSI/UL 180 Liquid-Level Indicating Gauges and Tank-Filling Signals for Petroleum Products ANSI/UL 217 Single and Multiple Station Smoke Detectors UL 218 Fire Pump Controllers UL 228 Door Closers-Holders, and Integral Smoke Detectors ANSI/UL 234 Low Voltage Lighting Fixtures for Use in Recreational Vehicles ANSI/UL 248-1 Low-Voltage Fuses--Part 1: General Requirements ANSI/UL 248-2 Low-Voltage Fuses--Part 2: Class C Fuses ANSI/UL 248-3 Low-Voltage Fuses--Part 3: Class CA and CB Fuses ANSI/UL 248-4 Low-Voltage Fuses--Part 4: Class CC Fuses ANSI/UL 248-5 Low-Voltage Fuses--Part 5: Class G Fuses ANSI/UL 248-6 Low-Voltage Fuses--Part 6: Class H Non-Renewable Fuses ANSI/UL 248-7 Low-Voltage Fuses--Part 7: Class H Renewable Fuses ANSI/UL 248-8 Low-Voltage Fuses--Part 8: Class J Fuses ANSI/UL 248-9 Low-Voltage Fuses--Part 9: Class K Fuses ANSI/UL 248-10 Low-Voltage Fuses--Part 10: Class L Fuses ANSI/UL 248-11 Low-Voltage Fuses--Part 11: Plug Fuses ANSI/UL 248-12 Low-Voltage Fuses--Part 12: Class R Fuses ANSI/UL 248-13 Low-Voltage Fuses--Part 13: Semiconductor Fuses ANSI/UL 248-14 Low-Voltage Fuses--Part 14: Supplemental Fuses ANSI/UL 248-15 Low-Voltage Fuses--Part 15: Class T Fuses ANSI/UL 248-16 Low-Voltage Fuses--Part 16: Test Limiters ANSI/NEMA 250 Enclosures for Electrical Equipment UL 252A Compressed Gas Regulator Accessories UL 300 Fire Testing of Fire Extinguishing Systems for Protection of Restaurant Cooking Areas UL 307B Gas Burning Heating Appliances for Manufactured Homes and Recreational Vehicles ANSI/UL 391 Solid-Fuel and Combination-Fuel Control and Supplementary Furnaces ANSI/UL 588 Christmas-Tree and Decorative-Lighting Outfits UL 635 Insulating Bushings ANSI/UL 668 Hose Valves For Fire Protection Service ANSI/UL 696 Electric Toys ANSI/UL 697 Toy Transformers UL762 Power Ventilators for Restaurant Appliances ANSI/UL 783 Electric Flashlights and Lanterns for Use in Hazardous

[Class I only] (Classified) Locations UL 791 Residential Incinerators ANSI/UL 870 Wireways, Auxiliary Gutters, and Associated Fittings UL 962 Household and Commercial Furnishings ANSI/UL 1018 Electric Aquarium Equipment ANSI/UL 1023 Household Burglar-Alarm System Units ANSI/UL 1090 Electric Snow Movers ANSI/UL 1247 Diesel Engines for Driving Centrifugal Fire Pumps UL 1248 Engine-Generator Assemblies for Use in Recreational Vehicles ANSI/UL 1283 Electromagnetic-Interference Filter UL 1363 Relocatable Power Taps ANSI/UL 1419 Professional Video and Audio Equipment ANSI/UL 1431 Personal Hygiene and Health Care Appliances ANSI/UL 1472 Solid-State Dimming Controls ANSI/UL 1482 Solid Fuel Room Type Heaters ANSI/UL 1484 Residential Gas Detectors ANSI/UL 1635 Digital Burglar Alarm Communicator System Units ANSI/UL 1651 Optical Fiber Cable UL 1693 Electric Radiant Heating Panels and Heating Panel Sets UL 1694 Tests for Flammability of Small Polymeric Component ANSI/UL 1703 Flat Plate Photovoltaic Modules and Panels ANSI/UL 1740 Industrial Robots and Robotic Equipment ANSI/UL 1773 Termination Boxes ANSI/UL 1776 High-Pressure Cleaning Machines ANSI/UL 1786 Nightlights UL 1821 Thermoplastic Sprinkler Pipe and Fittings for Fire Protection UL 1838 Low Voltage Landscape Lighting Systems UL 1863 Communication Circuit Accessories ANSI/UL 1889 Commercial Filters for Cooking Oil UL 1951 Electric Plumbing Accessories ANSI/UL 1963 Refrigerant Recovery/Recycling Equipment ANSI/UL 1971 Signaling Devices for the Hearing Impaired UL 1977 Component Connectors for Use in Data, Signal, Control and Power Applications ANSI/UL 1981 Central Station Automation Systems UL 2024 Optical Fiber Cable Raceway UL 2034 Single and Multiple Station Carbon Monoxide Detectors ANSI/UL 2083 Halon 1301 Recovery/Recycling Equipment ANSI/UL 2096 Commercial/Industrial Gas and/or Gas Fired Heating Assemblies with Emission Reduction Equipment UL 2106 Field Erected Boiler Assemblies ANSI/UL 2157 Electric Clothes Washing Machines and Extractors ANSI/UL 2158 Electric Clothes Dryers UL 2250 Instrumentation Tray Cable (\1\) FMRC 3600 Electrical Equipment for Use in Hazardous (Classified) Locations, General Requirements (\1\) FMRC 3610 Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II and III, Division 1 Hazardous (Classified) Locations (\1\) FMRC 3611 Electrical Equipment for Use in Class I, Division 2; Class II, Division 2; and Class III, Division 1 and 2 Hazardous Locations FMRC 3615 Explosionproof Electrical Equipment, General Requirements UL 8730-2-3 Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Thermal Motor Protectors for Ballasts for Tubular Fluorescent Lamps

(\1\) Testing and certification of products under this test standard is limited to Class I

[[Page 69682]]

locations. See also general note and condition for hazardous location testing.

(\2\) These standards are approved for equipment or materials intended for use in commercial and industrial power system applications. These standards are not approved for equipment or materials intended for use in installations that are excluded by the provisions of Subpart S in 29 CFR 1910, in particular Section 1910.302(b)(2).

Note 1--All safety testing for Class I locations is limited to recognized ITSNA sites properly pre-qualified by ITSNA. See ``Limitations.''

Note 2--Testing and certification of gas operated equipment is limited to equipment for use with ``liquefied petroleum gas.''

As previously noted, in their recommendation on the recognitions, the NRTL Program staff recommended certain limitations on intrinsic testing, partly described in the note above and more fully under Limitations below. These limitations will also apply to the expansion of recognition for the above additional test standards.

Expansion of Recognition--Programs and Procedures

ITSNA has applied to use the following supplemental programs and procedures, based upon the criteria detailed in the March 9, 1995 Federal Register notice (60 FR 12980, 3/9/95). This notice lists nine (9) programs and procedures (collectively, programs), eight of which an NRTL may use to control and audit, but not actually to generate, the data relied upon for product certification. An NRTL's initial recognition will always include the first or basic program, which requires that all product testing and evaluation be performed in-house by the NRTL that will certify the product. The on-site review report indicates that ITSNA appears to meet the criteria for use of all the following supplemental programs and procedures, for which it has applied:

1. Program 2: Acceptance of testing data from independent organizations, other than NRTLs.

2. Program 3: Acceptance of product evaluations from independent organizations, other than NRTLs.

3. Program 4: Acceptance of witnessed testing data.

4. Program 5: Acceptance of testing data from non-independent organizations.

5. Program 6: Acceptance of evaluation data from non-independent organizations (requiring NRTL review prior to marketing).

6. Program 7: Acceptance of continued certification following minor modifications by the client.

7. Program 8: Acceptance of product evaluations from organizations that function as part of the International Electrotechnical Commission Certification Body (IEC-CB) Scheme.

8. Program 9: Acceptance of services other than testing or evaluation performed by subcontractors or agents.

   Impacts on ITSNA Independence

   Section 1910.7(b)(3) requires that the NRTL be completely independent of employers subject to the tested equipment requirements, and of any manufacturers or vendors of equipment or materials

   [``products''] being tested for these purposes. In complying with this requirement, an NRTL must not be affiliated with manufacturers or vendors (``suppliers'') of the products the NRTL may test and certify.

   According to the on-site review report for the Cortland facilities, ITSNA currently owns Design Engineering, a manufacturer of laboratory test equipment. If ITSNA were to certify the type of products manufactured or sold by Design Engineering, then ITSNA would not meet the requirement in 29 CFR 1910.7 for complete independence. Also, ITSNA's apparent parent company is Intertek Testing Services, Ltd. (ITSLtd). If ITSNA were to certify a type of product for an entity owned by ITSLtd, and that entity is also a supplier of that type of product, then ITSNA would not be ``completely independent.'' The NRTL Program staff believes that such situations can occur due to the large number of products for which OSHA has recognized ITSNA and the possible current or future interests of ITSLtd. Although ITSNA may not directly own or be owned by such an entity, both are fully within the same organization. Mere legal separation of the entities does not suffice for purposes of meeting the requirement for complete independence.

   Conditions

   Due to the foregoing, OSHA intends to impose the following condition on the renewal and expansion of recognition of ITSNA to mitigate or eliminate situations that will cause it to fail to meet the independence requirement of 29 CFR 1910.7. This condition applies solely to ITSNA's operations as an NRTL, and will be in addition to any other condition that OSHA normally imposes in its recognition of an organization as an NRTL.

   ITSNA may not test and certify any products for a client that is a manufacturer or vendor, and that is either owned in excess of 2% by ITSLtd, or affiliated organizationally with ITSNA, including Design Engineering.

   Limitations

   The following limitations will apply solely to ITSNA's operations as an NRTL.

1. ITSNA may perform safety testing for hazardous location products only at the specific ITSNA sites that OSHA has recognized, and that have been pre-qualified by the ITSNA Chief Engineer. In addition, 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.

2. ITSNA may use the Vancouver, Pittsburg, and proposed Madison sites to perform testing and certification only of the products included within the scope of the following 3 test standards:

   UL 9 Fire Tests of Window Assemblies UL10B Fire Tests of Door Assemblies UL10C Positive Pressure Fire Tests of Door Assemblies

   In addition, only these three sites may authorize the use of the WHI certification mark or certifications.

3. Only the Cortland certification office may authorize the use of the ETL certification mark or certifications.

   Preliminary Finding

   ITSNA has submitted acceptable requests for renewal and expansion of its recognition as an NRTL. In connection with the renewal and the use of the programs, OSHA has performed an on-site review (evaluation) of the Cortland, New York, facilities. OSHA also performed an on-site review (evaluation) of the four additional facilities for which ITSNA seeks recognition. ITSNA has addressed the discrepancies noted by the auditors following the review, and the auditors included the resolution in the on-site review reports (see Exhibits 31A-31E).

   Following a review of the application file, the on-site review report, and other pertinent information, the NRTL Program staff has concluded that OSHA can grant, to ITSNA: (1) the renewal for the 8 sites and the test standards listed above, and (2) the expansion for the additional 112 test standards, 4 sites, and 8 programs, with the above limitations and conditions to be applied as noted. The staff therefore recommended to the Assistant Secretary that the application be preliminarily approved.

   Based upon the recommendations of the staff, the Assistant Secretary has made a preliminary finding that Intertek Testing Services, NA, Inc., can meet the requirements as prescribed by 29 CFR

   [[Page 69683]]

   1910.7 for the renewal and expansion of recognition, subject to the above conditions and limitations. This preliminary finding does not constitute an interim or temporary approval of the applications for ITSNA.

   OSHA welcomes public comments, in sufficient detail, as to whether ITSNA has met the requirements of 29 CFR 1910.7 for the renewal and expansion of its recognition as a Nationally Recognized Testing Laboratory. Your comment should consist of pertinent written documents and exhibits. To consider it, OSHA must receive the comment at the address provided above (see ADDRESSES), no later than the last date for comments (see DATES above). You may obtain or review copies of ITSNA's applications, the on-site review reports, 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. You should refer to Docket No. NRTL-1-89, the permanent record of public information on ITSNA's recognition.

   The NRTL Program staff will review all timely comments, and after resolution of issues raised by these comments, will recommend whether to grant ITSNA's renewal and expansion requests. The Assistant Secretary will make the final decision on granting the renewal and expansion, 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.

   Signed at Washington, D.C. this 17th day of November, 1998. Charles N. Jeffress, Assistant Secretary.

   [FR Doc. 98-33406Filed12-16-98; 8:45 am]

   BILLING CODE 4510-26-P