[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Notices]
[Pages 78823-78825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32446]


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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 as a Nationally Recognized Testing 
Laboratory under 29 CFR 1910.7, and presents the Agency's preliminary 
finding. This preliminary finding does not constitute an interim or 
temporary approval of the application.

DATES: You may submit comments in response to this notice, or any 
request for extension of the time to comment, by (1) Regular mail, (2) 
express or overnight delivery service, (3) hand delivery, (4) messenger 
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of 
comments by regular mail. Comments (or any request for extension of the 
time to comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by January 10, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by January 10, 2003. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by January 15, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket NRTL2-98, Room N-2625, U.S. 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA 
Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket 
NRTL2-98, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Web 
page www.osha.gov. Accordingly, OSHA cautions you about submitting 
information of a personal nature (e.g., social security number, date of 
birth). There may be a lag time between when comments and submissions 
are received and when they are placed on the Web page. Please contact 
the OSHA Docket Office at (202)693-2350 for information about materials 
not available through the OSHA Web page and for assistance in using the 
Web page to locate docket submissions. Comments and submissions will 
also be available for

[[Page 78824]]

inspection and copying at the OSHA Docket Office at the address above.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Sherry Nicolas, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
address shown immediately above for the program, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of 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 additional test 
standards. OSHA's current scope of recognition for NSF may be found in 
the following informational Web page: http://www.osha-slc.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, OSHA can accept products ``properly certified'' by the 
NRTL.
    The Agency processes applications 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 an application. These notices set forth 
the NRTL's scope of recognition or modifications of this 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-slc.gov/dts/otpca/nrtl/index.html.
    The most recent notices published by OSHA for NSF's recognition 
covered an expansion of recognition, which became effective on June 28, 
2000 (65 FR 39944).
    The current address of the testing facility (site) that OSHA 
recognizes for NSF is: NSF International, 789 Dixboro Road, Ann Arbor, 
MI 48105

General Background on the Application

    NSF has submitted a request, dated June 25, 2002 (see Exhibit 10), 
to expand its recognition to use 12 additional test standards. The NRTL 
Program staff has determined that all of the additional test standards 
will be included in the expansion because they are ``appropriate test 
standards,'' within the meaning of 29 CFR 1910.7(c). The staff makes 
such determinations in processing expansion requests from any NRTL. 
Therefore, OSHA would include 12 standards in the expansion, as listed 
below.

UL 73 Motor-Operated Appliances.
UL 399 Drinking-Water Coolers.
UL 466 Electric Scales.
UL 514B Fittings for Cable and Conduit.
UL 514C Nonmetallic Outlet Boxes, Flush-Device Boxes and Covers.
UL 514D Cover Plates for Flush-Mounted Wiring Devices.
UL 541 Refrigerated Vending Machines.
UL 751 Vending Machines.
UL 982 Motor-Operated Household Food Preparing Machines.
UL 1453 Electric Booster and Commercial Storage Tank Water Heaters.
UL 1563 Electric Spas, Equipment Assemblies, and Associated Equipment.
UL 1795 Hydromassage Bathtubs.

    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, an NRTL's scope of 
recognition excludes any product(s) that fall within the scope of a 
test standard, but for which OSHA standards do not require NRTL testing 
and certification.
    A few of the UL test standards listed above 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 (e.g., UL 751) for the standard, 
as opposed to the ANSI designation (e.g., ANSI/UL 751). 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. (Contact ANSI or the ANSI Web 
site (http://www.ansi.org) and click ``NSSN'' 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 
perform an on-site review of NSF's NRTL testing facility. NRTL Program 
assessment staff reviewed information pertinent to the request and 
recommended that NSF's recognition be expanded to include the 
additional test standards listed above (see Exhibit 11).
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA can grant to NSF the expansion of recognition 
as an NRTL to use the additional test standards listed above. 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 NSF International can 
meet the requirements, as prescribed by 29 CFR 1910.7, for the 
expansion of recognition. 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. To 
consider a comment, OSHA must receive it at the address provided above 
(see ADDRESSES), no later than the last date for comments (see DATES 
above). Should you need more time to comment, OSHA must receive your 
written request for extension at the address provided above no later 
than the last date for comments. You must include your reason(s) for 
any request for extension. 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 frivolous or otherwise unwarranted. You may 
obtain or review copies of NSF's requests, 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.

[[Page 78825]]

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 Agency 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 
section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

    Signed at Washington, DC this 11th day of December, 2002.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 02-32446 Filed 12-24-02; 8:45 am]
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