Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 51371 

1Properly certified means, in part, that the 

product is labeled or marked with the NRTL’s 

registered certification mark (i.e., the registered 

mark the NRTL uses for its NRTL work) and that 

the product certification falls within the scope of 

recognition of the NRTL. 

UL 291 Automated Teller Systems 

UL 294 Access Control System Units 

UL 508A Industrial Control Panels 

UL 963 Sealing, Wrapping, and 

Marking Equipment 

UL 1727 Commercial Electric Personal 

Grooming Appliances 

UL 1863 Communication Circuit 

Accessories 

UL 60065 Audio, Video and Similar 

Electronic Apparatus** 

UL 60335–1 Safety of Household and 

Similar Electrical Appliances, Part 

1; General Requirements 

UL 60335–2–34 Household and 

Similar Electrical Appliances, Part 

2; Particular Requirements for 

Motor Compressors 

UL 61010C–1 Process Control 

Equipment 

**Note: This standard is comparable to UL 

6500 Audio/Video and Musical Instrument 

Apparatus for Household, Commercial, and 

Similar General Use. Since no NRTL is 

currently recognized for UL 60065, we plan 

to modify the scope of any NRTL currently 

recognized for UL 6500 to add UL 60065. 

OSHA’s recognition of MET, 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, any 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 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 ANSIapproved. 

Preliminary Finding on the Application 

MET has submitted an acceptable 

request for expansion of its recognition 

as an NRTL. In connection with this 

request, OSHA did not perform an onsite review of MET’s NRTL testing 

facilities. However, NRTL Program 

assessment staff reviewed information 

pertinent to the request and 

recommended that MET’s recognition be 

expanded to include the eleven 

additional test standards listed above 

(see Exhibit 35–2). Our review of the 

application file, the assessor’s 

recommendation, and other pertinent 

documents indicate that MET can meet 

the requirements, as prescribed by 29 

CFR 1910.7, for the expansion for the 

eleven 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 MET 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 MET’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. 

NRTL1–88 contains all materials in the 

record concerning MET’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 MET’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 15th day of 

August, 2005. 

Jonathan L. Snare, 

Deputy Assistant Secretary. 

[FR Doc. 05–17184 Filed 8–29–05; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. NRTL2–98] 

NSF International, Renewal of 

Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Occupational Safety and Health 

Administration’s final decision granting 

the renewal of recognition of NSF 

International (NSF) as a Nationally 

Recognized Testing Laboratory under 29 

CFR 1910.7. 

DATES: The renewal of recognition 

becomes effective on August 30, 2005. 

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 N3653, Washington, DC 20210, or 

phone (202) 693–2110. 

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 

notice of the renewal of recognition of 

NSF International (NSF) as a Nationally 

Recognized Testing Laboratory (NRTL). 

This renewal covers NSF’s existing 

scope of recognition, which 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. 

The Agency processes applications by 

an NRTL for initial recognition or for 

expansion or renewal of this recognition 

following requirements in Appendix A 

51372 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 

2Exhibits 13–2 and 13–4 were referred to as 

Exhibits 14–1 and 16, respectively, in the February 

28, 2005 notice. 

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. 

NSF International (NSF) initially 

received OSHA recognition as a 

Nationally Recognized Testing 

Laboratory on December 10, 1998 (63 FR 

68309) for a five-year period ending on 

December 10, 2003. Appendix A to 29 

CFR 1910.7 stipulates that the period of 

recognition of an NRTL is five years and 

that an NRTL may renew its recognition 

by applying not less than nine months, 

nor more than one year, before the 

expiration date of its current 

recognition. NRTLs submitting requests 

within this allotted time period retain 

their recognition during OSHA’s 

renewal process. NSF submitted a 

request, dated February 21, 2003 (see 

Exhibit 13–2) 2, to renew its recognition, 

within the allotted time period, and 

retained its recognition pending OSHA’s 

final decision in this renewal process. 

The NRTL Program staff performed an 

on-site review (assessment) of NSF’s 

NRTL facilities and in the on-site review 

report, dated November 21, 2003 (see 

Exhibit 13–4)*, the program staff 

recommended the renewal of NSF’s 

recognition. The preliminary notice 

announcing the renewal application was 

published in the Federal Register on 

February 28, 2005 (70 FR 9678). 

Comments were requested by March 15, 

but no comments were received in 

response to this notice. 

You may obtain or review copies of 

all public documents pertaining to the 

NSF application by contacting the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N2625, Washington, DC, 

20210. Docket No. NRTL2–98 contains 

all materials in the record concerning 

NSF’s application. 

The current address of the NSF 

facility (site) already recognized by 

OSHA and included as part of the 

renewal is: 

NSF International, 789 Dixboro, Ann 

Arbor, Michigan 48105. 

Final Decision and Order 

NRTL Program staff has examined the 

application, the assessor’s report, and 

other pertinent information. Based upon 

this examination and the assessor’s 

recommendation, OSHA finds that NSF 

International has met the requirements 

of 29 CFR 1910.7 for renewal of its 

recognition, subject to the limitation 

and conditions listed below. Pursuant to 

the authority in 29 CFR 1910.7, OSHA 

hereby renews the recognition of NSF, 

subject to this limitation and these 

conditions. 

Limitation 

OSHA limits the renewal of NSF’s 

recognition to testing and certification 

of products for demonstration of 

conformance to the test standards listed 

below. OSHA has determined that each 

of these standards meets the 

requirements for an appropriate test 

standard, within the meaning of 29 CFR 

1910.7(c). 

UL 73 Motor-Operated Appliances 

UL 94 Tests for Flammability of Plastic 

Materials for Parts in Devices and 

Appliances 

UL 197 Commercial Electric Cooking 

Appliances 

UL 399 Drinking-Water Coolers 

UL 466 Electric Scales 

UL 471 Commercial Refrigerators and 

Freezers 

UL 514B Fittings for Cable and 

Conduit 

UL 514C Nonmetallic Outlet Boxes, 

Flush-Device Boxes and Covers 

UL 514D Cover Plates for FlushMounted Wiring Devices 

UL 541 Refrigerated Vending 

Machines 

UL 563 Ice Makers 

UL 621 Ice Cream Makers 

UL 651 Schedule 40 and 80 PVC 

Conduit 

UL 651A Type EB and A Rigid PVC 

Conduit and HDPE Conduit 

UL 651B Continuous Length HDPE 

Conduit 

UL 749 Household Dishwashers 

UL 751 Vending Machines 

UL 763 Motor-Operated Commercial 

Food Preparing Machines 

UL 921 Commercial Electric 

Dishwashers 

UL 982 Motor-Operated Household 

Food Preparing Machines 

UL 1081 Swimming Pool Pumps, 

Filters, and Chlorinators 

UL 1453 Electric Booster and 

Commercial Storage Tank Water 

Heaters 

UL 1563 Electric Spas, Equipment 

Assemblies, and Associated 

Equipment 

UL 1795 Hydromassage Bathtubs 

UL 1821 Thermoplastic Sprinkler Pipe 

and Fittings for Fire Protection 

UL 61010A–1 Electrical Equipment 

For Laboratory Use; Part 1: General 

Requirements 

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) falling within the scope of a 

test standard for which OSHA has no 

NRTL testing and certification 

requirements. 

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. 

Supplemental Programs 

The renewal includes NSF’s 

continued use of the supplemental 

programs for which it is approved. Use 

of these programs is based upon the 

criteria detailed in OSHA’s March 9, 

1995, Federal Register notice (60 FR 

12980). This notice lists nine (9) 

programs, eight of which (called the 

supplemental programs) an NRTL may 

use to control and audit, but not 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. OSHA has 

already recognized NSF for the 

programs listed below. See http:// 

www.osha.gov/dts/otpca/nrtl/nsf.html. 

Program 2: Acceptance of testing data 

from independent organizations, other 

than NRTLs. 

Program 4: Acceptance of witnessed 

testing data. 

Program 5: Acceptance of testing data 

from non-independent organizations. 

Program 8: Acceptance of product 

evaluations from organizations that 

function as part of the International 

Electrical Commission Certification 

Body (IEC–CB) Scheme. 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 51373 

1Properly 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. 

Program 9: Acceptance of services 

other than testing or evaluation 

performed by subcontractors or agents. 

OSHA developed these supplemental 

programs to limit how an NRTL may 

perform certain aspects of its work and 

to permit the activities covered under a 

program only when the NRTL meets 

certain criteria. In this sense, they are 

special conditions that the Agency 

places on an NRTL’s recognition. OSHA 

does not consider these programs in 

determining whether an NRTL meets 

the requirements for recognition under 

29 CFR 1910.7. However, these 

programs help to define the scope of 

that recognition. 

Conditions 

NSF must also abide by the following 

conditions of the recognition, in 

addition to those already required by 29 

CFR 1910.7: 

OSHA must be allowed access to 

NSF’s facility and records for purposes 

of ascertaining continuing compliance 

with the terms of its recognition and to 

investigate as OSHA deems necessary; 

If NSF has reason to doubt the 

efficacy of any test standard it is using 

under this program, it must promptly 

inform the test standard developing 

organization of this fact and provide 

that organization with appropriate 

relevant information upon which its 

concerns are based; 

NSF must not engage in or permit 

others to engage in any 

misrepresentation of the scope or 

conditions of its recognition. As part of 

this condition, NSF agrees that it will 

allow no representation that it is either 

a recognized or an accredited Nationally 

Recognized Testing Laboratory (NRTL) 

without clearly indicating the specific 

equipment or material to which this 

recognition is tied, or that its 

recognition is limited to certain 

products; 

NSF must inform OSHA as soon as 

possible, in writing, of any change of 

ownership, facilities, or key personnel, 

and of any major changes in its 

operations as an NRTL, including 

details; 

NSF will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

NSF will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC this 15th day of 

August, 2005. 

Jonathan L. Snare, 

Deputy Assistant Secretary. 

[FR Doc. 05–17182 Filed 8–29–05; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. NRTL2–2001] 

TUV America, Inc., Expansion of 

Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Occupational Safety and Health 

Administration’s final decision 

expanding the recognition of TUV 

America, Inc., as a Nationally 

Recognized Testing Laboratory under 29 

CFR 1910.7. 

DATES: The expansion of recognition 

becomes effective on August 30, 2005. 

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 N3653, Washington, DC 20210, or 

phone (202) 693–2110. 

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 

notice of the expansion of recognition of 

TUV America, Inc., (TUVAM) as a 

Nationally Recognized Testing 

Laboratory (NRTL). This expansion 

covers the use of additional test 

standards. OSHA’s current scope of 

recognition for TUVAM may be found 

in the following informational Web 

page: http://www.osha-slc.gov/dts/ 

otpca/nrtl/tuvam.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. 

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. 

TUVAM submitted an application, 

dated August 1, 2003 (see Exhibits 7 and 

7–1), to expand its recognition to 

include 45 additional test standards. 

The NRTL Program staff determined 

that one of these standards is not an 

‘‘appropriate test standard’’ within the 

meaning of 29 CFR 1910.7(c). The staff 

makes this determination in processing 

the expansion request of any NRTL. 

Therefore, OSHA is approving 44 test 

standards for the expansion. Following 

review of the application, OSHA 

requested certain additional information 

from TUVAM and deferred action on 

the application pending receipt of this 

information. The NRTL adequately 

responded to that request prior to 

publication of the preliminary notice, 

permitting OSHA to resume processing 

of the application. The preliminary 

notice announcing the expansion 

application was published in the 

Federal Register on May 18, 2005 (70 

FR 28581). Comments were requested 

by June 2, but no comments were 

received in response to this notice. 

You may obtain or review copies of 

all public documents pertaining to the 

TUVAM application by contacting the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N2625, Washington, DC, 

20210. Docket No. NRTL2–2001 

contains all materials in the record 

concerning TUVAM’s application. 

The current addresses of the TUVAM 

facilities already recognized by OSHA 

are: TUV Product Services (TUVAM), 5 

Cherry Hill Drive, Danvers, 

Massachusetts 01923; TUV Product 

Services (TUVAM), 10040 Mesa Rim 

Road, San Diego, California 92121; and 

TUV Product Services (TUVAM), 1775 

Old Highway 8 NW., Suite 104, New 

Brighton (Minneapolis), Minnesota 

55112.