[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Notices]
[Pages 25144-25145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10165]



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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 
(NSF) for expansion of its recognition to use an additional test 
standard, and to add two supplemental programs to its current scope of 
recognition. The notice also presents the Agency's preliminary findings 
on this application. This preliminary finding does not constitute an 
interim or temporary approval of this 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 May 20, 2004.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by May 20, 2004. 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 May 20, 2004.

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 NRTL2-93, 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 
NRTL2-93, 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 http://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 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: Bernard Pasquet or Roy Resnick, Office 
of Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N3653, 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 (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 programs 
and an additional test standard. OSHA's current scope of recognition 
for NSF may be found on 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, employers may use products ``properly certified'' by the 
NRTL to meet OSHA standards that require testing and certification.
    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-slc.gov/dts/otpca/nrtl/index.html.
    The most recent notice published by OSHA for NSF's recognition 
covered an expansion of recognition, which became effective on April 3, 
2003 (68 FR 16311).
    The current address of the NSF facility already recognized by OSHA 
is: NSF International, 789 Dixboro, Ann Arbor, Michigan 48105.

General Background on the Application

    NSF has submitted an application, dated October 8, 2003 (see 
Exhibit 14) to expand its recognition to include one additional test 
standard. The NRTL Program staff has determined this standard is an 
``appropriate test standard'' within the meaning of 29 CFR 1910.7(c). 
Therefore, OSHA may approve this test standard for the expansion.
    Prior to submitting this application, NSF submitted a request, 
dated July 31, 2003, (see Exhibit 15) to include several additional 
programs within its current scope of recognition. NSF has since amended 
its request to request only the addition of Programs 2 and 5. While we 
do not ordinarily prepare a Federal Register notice for requests to add 
programs to a NRTL's scope of recognition, we often incorporate such 
requests into notices that announce an application for recognition or 
expansion or renewal of recognition. The present notice follows this 
approach for NSF's application.
    NSF seeks recognition for testing and certification of products for 
demonstration of conformance to the following test standard: UL 61010A-
1. Electrical Equipment For Laboratory Use; Part 1: General 
Requirements.

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Additional Programs

    NSF has applied to use supplemental programs 2 and 5, based upon 
the criteria detailed in OSHA's March 9, 1995 Federal Register notice 
on the NRTL programs (60 FR 12980, 3/9/95). This notice lists nine (9) 
programs, eight of which (called the supplemental programs) an NRTL may 
use to control and audit, but not actually to generate, the data relied 
upon for product certification. An NRTL's initial recognition will 
always include the first or basic program, which requires that all 
product testing and evaluation be performed in-house by the NRTL that 
will certify the product. NSF's current scope also includes the use of 
Programs 4, 8, and 9. OSHA's on-site review report on NSF's application 
for expansion indicates that NSF appears to meet the criteria for use 
of the following additional supplemental programs: Program 2: 
Acceptance of testing data from independent organizations, other than 
NRTLs.
    Program 5: Acceptance of testing data from non-independent 
organizations.

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 performed 
an on-site review of NSF's NRTL facilities and, in the on-site review 
report, the assessor recommended the expansion for the additional test 
standard (see Exhibit 16 in Docket No. NRTL2-98).
    Our review of the application file, the assessor's report, and 
other pertinent documents, indicates that NSF should be capable of 
using the additional test standard listed above. Accordingly, OSHA has 
made a preliminary finding that NSF International can meet the 
requirements, as prescribed by 29 CFR 1910.7, for the expansion of its 
recognition to include that test standard. 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 request, the recommendation on the 
expansion, and all submitted comments, as received, by contacting the 
Docket Office, Room N2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. You 
should refer to Docket No. NRTL2-98, the permanent record of public 
information on NSF's recognition.
    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 
1910.7. OSHA will publish a public notice of this final decision in the 
Federal Register.

    Signed at Washington, DC this 22 day of April, 2004.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 04-10165 Filed 5-4-04; 8:45 am]
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