[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Notices]
[Page 78823-78825]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-101]
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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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