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• Publication Date: 08/29/2008
• Publication Type: Notice
• Fed Register #: 73:51008-51009
• Standard Number: 1910.7
• Title: NSF International; Application for Expansion of Recognition

[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]               
[Page 51008-51009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au08-129]                         

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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.

ACTION: Notice.

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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 
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 September 15, 2008.
     Electronic transmission or facsimile: sent by September 
15, 2008.

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 
electronic submissions.
    Fax: If your submissions, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    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:/
/www.regulations.gov.
    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 
index).

SUPPLEMENTARY INFORMATION:

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/
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 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/
index.html.
    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 
Fire Service

    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 
product(s).
    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]

BILLING CODE 4510-26-P

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