[Federal Register: August 29, 2008 (Volume 73, Number 169)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0048]
NSF International; Application for Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the application of NSF International
(NSF) for expansion of its recognition and presents the Agency's
preliminary finding to grant this request. This preliminary finding
does not constitute an interim or temporary approval of this
DATES: You must submit information or comments, or any request for
extension of the time to comment, by the following dates:
Hard copy: postmarked or sent by September 15, 2008.
Electronic transmission or facsimile: sent by September
ADDRESSES: You may submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for making
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, or messenger or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket No. OSHA-2006-0048 (formerly NRTL2-98), U.S.
Department of Labor, Room N-2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries (hand, express mail, and messenger and
courier service) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA Docket No.OSHA-2006-0048). Submissions,
including any personal information you provide, are placed in the
public docket without change and may be made available online at http:/
Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http:/
/www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Extension of Comment Period: Submit requests for an extension of
the comment period to the Office of Technical Programs and Coordination
Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or phone (202) 693-2110. Our Web page includes information about the
NRTL Program (see http://www.osha.gov and select "N" in the site
Notice of Expansion Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that NSF International (NSF) has applied for expansion of
its current recognition as a Nationally Recognized Testing Laboratory
(NRTL). NSF's expansion request covers the use of an additional test
standard. OSHA's current scope of recognition for NSF may be found in
the following informational Web page: http://www.osha.gov/dts/otpca/
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products approved by the NRTL to meet
OSHA standards that require testing and certification.
The Agency processes applications by an NRTL for initial
recognition, or for 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 and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages can be
accessed from the Web site at http://www.osha.gov/dts/otpca/nrtl/
In an earlier action involving NSF, OSHA granted NSF's most recent
application, which was for an expansion of recognition (71 FR 70431,
December 4, 2006).
The current address of the NSF facility (site) already recognized
by OSHA is: NSF International, 789 Dixboro Road, Ann Arbor, MI 48105.
General Background on the Application
NSF has submitted an application, dated October 23, 2007 (see
Exhibit 18-1), to expand its recognition to include one additional test
standard. The NRTL Program staff has determined that this standard is
an "appropriate test standard" within the meaning of 29 CFR
1910.7(c). In connection with this request, NRTL Program assessment
staff performed an on-site review of NSF's testing facility in June
2007 and recommended that NSF's recognition be expanded to include the
additional test standard listed below (see Exhibit 18-2). As a result,
the Agency would approve the test standard for the expansion.
NSF seeks expansion of its recognition for testing and
certification of products for demonstration of conformance to the
following test standard:
UL 1285 Pipe and Couplings, Polyvinyl Chloride (PVC), for Underground
The designation and title of the above test standard was current at
the time of the preparation of this notice.
OSHA's recognition of NSF, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third-party testing and certification
before use in the workplace. Consequently, if a test standard also
covers any product(s) for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
The test standard listed above may be approved as American National
Standards by the American National Standards Institute (ANSI). However,
for convenience, we use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether a test standard is currently ANSI-approved.
Preliminary Finding on the Application
NSF has submitted an acceptable request for expansion of its
recognition as an NRTL. Our review of the application file, the
assessor's recommendation, and other pertinent documents indicate that
NSF can meet the requirements, as prescribed by 29 CFR 1910.7, for the
expansion for the additional test standard listed above. This
preliminary finding does not constitute an interim or temporary
approval of the application.
OSHA welcomes public comments, in sufficient detail, as to whether
NSF has met the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits.
Should you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for an extension at the address provided above no later than
the last date for comments. OSHA will limit any extension to 30 days
unless the requester justifies a longer period. We may deny a request
for an extension if it is not adequately justified. You may obtain or
review copies of NSF's request, the assessor's recommendation, other
pertinent documents, and all submitted comments, as received, by
contacting the Docket Office, Room N-2625, Occupational Safety and
Health Administration, U.S. Department of Labor, at the above address.
Docket No. OSHA-2006-0048 (formerly NRTL2-98) contains all materials in
the record concerning NSF's application.
The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant NSF's expansion request. The Assistant Secretary will make the
final decision on granting the request and in making this decision, may
undertake other proceedings that are prescribed in Appendix A to 29 CFR
Section 1910.7. OSHA will publish a public notice of this final
decision in the Federal Register.
Signed at Washington, DC, this 20th day of August, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-20161 Filed 8-28-08; 8:45 am]
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