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• Publication Date: 05/18/2006
• Publication Type: Notice
• Fed Register #: 71:28886-28888
• Title: NSF International; Application for Expansion of Recognition

[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]
[DOCID:fr18my06-86]                         

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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

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