[Federal Register: May 18, 2006 (Volume 71, Number 96)][Notices] [Page 28886-28888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL2-98]
NSF International; Application for Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: This notice announces the application of NSF International for
expansion of its recognition to use additional test standards, and presents
the Agency's preliminary finding to grant this request for expansion. This
preliminary finding does not constitute an interim or temporary approval of
this application.
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 June 2, 2006.
Electronic transmission or facsimile: sent by June 2, 2006.
ADDRESSES: You may submit information or comments to this notice --
identified by docket number NRTL2-98--by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: http://ecomments.osha.gov. Follow the instructions
for submitting comments on OSHA's Web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery and courier
service: Submit three copies to the OSHA Docket Office, Docket No.
NRTL2-98, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N-2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY
number is (877) 889-5627.) OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
Instructions: All comments received will be posted without change
to http://dockets.osha.gov, including any personal information
provided. OSHA cautions you about submitting personal information such
as social security numbers and birth dates.
Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA
Docket Office for information about materials not available through the
OSHA Web page and for assistance in using the Web page to locate docket
submissions.
Extension of Comment Period: Submit requests for extensions
concerning this notice to the Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N-3655, 200 Constitution
Avenue, NW., Washington, DC 20210. Or, fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: 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-3653, Washington, DC 20210, or phone (202) 693-2110.
SUPPLEMENTARY INFORMATION:
Notice of Application
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that NSF International has applied for expansion of its
current recognition as a Nationally Recognized Testing Laboratory
(NRTL). NSF's expansion request covers the use of additional test
standards. OSHA's current scope of recognition for NSF may be found in
the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/nsf.html.
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 ``properly certified'' \1\ by
the NRTL to meet OSHA standards that require testing and certification.
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\1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
NRTL.
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The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
The most recent notice published by OSHA specifically related to
NSF's recognition granted a renewal of its NRTL status, which became
effective on August 30, 2005 (70 FR 51371).
The current address of the NSF facility 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 May 10, 2005 (see Exhibit
16-1), to expand its recognition to include 19 additional test
standards. The NRTL then amended the original application to request
two additional test standards (see Exhibit 16-2). The NRTL Program
staff has determined that each of these standards is an ``appropriate
test standard'' within the meaning of 29 CFR 1910.7(c). However, one
standard was already included in NSF's scope. Therefore, OSHA would
approve twenty test standards for the expansion.
NSF seeks recognition for testing and certification of products for
demonstration of conformance to the following test standards:
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UL 48................................... Electric Signs.
UL 65................................... Wired Cabinets.
UL 174.................................. Household Electric Storage-
Tank Water Heaters.
UL 250.................................. Household Refrigerators and
Freezers.
UL 412.................................. Refrigeration Unit Coolers.
UL 430.................................. Waste Disposers.
UL 499.................................. Electric Heating Appliances.
UL 778.................................. Motor-Operated Water Pumps.
UL 858.................................. Household Electric Ranges.
UL 873.................................. Temperature-Indicating and -
Regulating Equipment.
UL 979.................................. Water Treatment Appliances.
UL 1026................................. Electric Household Cooking and
Food Serving Appliances.
UL 1082................................. Household Electric Coffee
Makers and Brewing-Type
Appliances.
UL 1083................................. Household Electric Skillets
and Frying-Type Appliances.
UL 1261................................. Electric Water Heaters for
Pools and Tubs.
UL 1598................................. Luminaries.
UL 1889................................. Commercial Filters for Cooking
Oil.
UL 1951................................. Electric Plumbing Accessories.
UL 2157................................. Electric Clothes Washing
Machines and Extractors.
UL 2158................................. Electric Clothes Dryers.
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The designations and titles of the above test standards were
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 product(s).
Many UL test standards also are 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 or not 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. In connection with this request, OSHA did not
perform an on-site review of NSF's NRTL testing facilities. However,
NRTL Program assessment staff reviewed information pertinent to the
request and recommended that NSF's recognition be expanded to include
the twenty additional test standards listed above (see Exhibit 16-3).
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 twenty
additional test standards 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 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 extension if it is not adequately justified. You may obtain or
review copies of NSF's requests, the on-site review report, 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. 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 expansion and, in making this decision,
may undertake other proceedings that are prescribed in Appendix A to 29
CFR 1910.7. OSHA will publish a public notice of this final decision in
the Federal Register.
Signed at Washington, DC this 29th day of March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. E6-7519 Filed 5-17-06; 8:45 am]
BILLING CODE 4510-26-P
