Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51009 

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 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0043] 

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., (TUVAM) as a Nationally 

Recognized Testing Laboratory under 29 

CFR 1910.7. 

DATES: The expansion of recognition 

becomes effective on August 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, Office of 

mstockstill on PROD1PC66 with NOTICES

51010 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

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. 

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 

notice that it is expanding recognition of 

TUV America, Inc., (TUVAM) as a 

Nationally Recognized Testing 

Laboratory (NRTL). TUVAM’s 

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.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 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 

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 

TUVAM, OSHA issued a Federal 

Register notice modifying its 

recognition, along with the recognition 

of other NRTLs, by replacing or deleting 

test standards that standards-developing 

organizations previously revised or 

withdrew (70 FR 11273, March 8, 2005). 

In a subsequent Federal Register notice, 

OSHA granted TUVAM’s most recent 

application, which was for an expansion 

of recognition (70 FR 51373, August 30, 

2005). 

TUVAM submitted an application, 

dated October 6, 2005 (see Exhibit 11–

1, as cited in the preliminary notice), to 

expand its recognition to include 142 

additional test standards. It amended its 

application on February 17, 2006, to add 

two more test standards, and then in 

June 2006 and July 2007 further 

amended its application to reduce its 

request to 89 test standards (see Exhibits 

11–2 through 11–4). One standard, 

however, has been withdrawn by the 

standards-developing organization. 

Thus, TUVAM’s request includes 88 

standards. The NRTL Program staff has 

determined that the remaining 88 

standards are ‘‘appropriate test 

standards’’ within the meaning of 29 

CFR 1910.7(c). In connection with this 

request, OSHA staff performed an onsite review of TUVAM’s Massachusetts 

testing facility and recommended that 

TUVAM’s recognition be expanded to 

include the additional 88 test standards 

listed below (see Exhibit 11–5). 

Based on the review, OSHA published 

a preliminary notice announcing the 

expansion application in the Federal 

Register on February 7, 2008 (73 FR 

7325). Comments were requested by 

February 22, 2008, but no comments 

were received in response to this notice. 

OSHA is now proceeding with this final 

notice to grant TUVAM’s expansion 

application. 

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 N–2625, Washington, DC 

20210. Docket No. OSHA–2007–0043 

(formerly NRTL2–2001) contains all 

materials in the record concerning 

TUVAM’s recognition. 

The current addresses of the 

TUVAM’s facilities (sites) already 

recognized by OSHA are: TUV Product 

Services (TUVAM), 5 Cherry Hill Drive, 

Danvers, MA 01923; TUV Product 

Services (TUVAM), 10040 Mesa Rim 

Road, San Diego, CA 92121; and TUV 

Product Services (TUVAM), 1775 Old 

Highway 8 NW, Suite 104, New 

Brighton (Minneapolis), MN 55112. 

Final Decision and Order 

NRTL Program staff examined the 

TUVAM’s application, the assessor’s 

recommendation, and other pertinent 

information. Based upon this 

examination and the assessor’s 

recommendation, OSHA finds that 

TUVAM has met the requirements of 29 

CFR 1910.7 for expansion of its 

recognition, subject to the limitation 

and conditions listed below. Pursuant to 

the authority in 29 CFR 1910.7, OSHA 

hereby expands the recognition of 

TUVAM, subject to this limitation and 

these conditions. 

Limitation 

OSHA limits the expansion of 

TUVAM’s recognition to testing and 

certification of products for 

demonstration of conformance to the 

following test standards, each of which 

OSHA has determined is an appropriate 

test standard, within the meaning of 29 

CFR 1910.7(c): 

UL 48 Electric Signs 

UL 69 Electric-Fence Controllers 

UL 82 Electric Gardening Appliances 

UL 201 Garage Equipment 

UL 325 Door, Drapery, Gate, Louver, 

and Window Operators and Systems 

UL 399 Drinking-Water Coolers 

UL 474 Dehumidifiers 

UL 482 Portable Sun/Heat Lamps 

UL 497A Secondary Protectors for 

Communication Circuits 

UL 506 Specialty Transformers 

UL 561 Floor-Finishing Machines 

UL 563 Ice Makers 

UL 588 Seasonal and Holiday 

Decorative Products 

UL 676 Underwater Luminaires and 

Submersible Junction Boxes 

UL 696 Electric Toys 

UL 697 Toy Transformers 

UL 745–1 Portable Electric Tools 

UL 745–2–1 Particular Requirements 

for Drills 

UL 745–2–2 Particular Requirements 

for Screwdrivers and Impact 

Wrenches 

UL 745–2–3 Particular Requirements 

for Grinders, Polishers, and Disk-Type 

Sanders 

UL 745–2–4 Particular Requirements 

for Sanders 

UL 745–2–5 Particular Requirements 

for Circular Saws and Circular Knives 

UL 745–2–6 Particular Requirements 

for Hammers 

UL 745–2–8 Particular Requirements 

for Shears and Nibblers 

UL 745–2–9 Particular Requirements 

for Tappers 

UL 745–2–11 Particular Requirements 

for Reciprocating Saws 

UL 745–2–12 Particular Requirements 

for Concrete Vibrators 

UL 745–2–14 Particular Requirements 

for Planers 

UL 745–2–17 Particular Requirements 

for Routers and Trimmers 

UL 745–2–30 Particular Requirements 

for Staplers 

UL 745–2–31 Particular Requirements 

for Diamond Core Drills 

UL 745–2–32 Particular Requirements 

for Magnetic Drill Presses 

UL 745–2–33 Particular Requirements 

for Portable Bandsaws 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51011 

UL 745–2–34 Particular Requirements 

for Strapping Tools 

UL 745–2–35 Particular Requirements 

for Drain Cleaners 

UL 745–2–36 Particular Requirements 

for Hand Motor Tools 

UL 745–2–37 Particular Requirements 

for Plate Jointers 

UL 749 Household Dishwashers 

UL 775 Graphic Arts Equipment 

UL 778 Motor-Operated Water Pumps 

UL 826 Household Electric Clocks 

UL 858 Household Electric Ranges 

UL 859 Household Electric Personal 

Grooming Appliances 

UL 867 Electrostatic Air Cleaners 

UL 875 Electric Dry-Bath Heaters 

UL 921 Commercial Dishwashers 

UL 935 Fluorescent-Lamp Ballasts 

UL 969 Marking and Labeling Systems 

UL 977 Fused Power-Circuit Devices 

UL 979 Water Treatment Appliances 

UL 984 Hermetic Refrigerant MotorCompressors 

UL 987 Stationary and Fixed Electric 

Tools 

UL 1018 Electric Aquarium Equipment 

UL 1028 Hair Clipping and Shaving 

Appliances 

UL 1030 Sheathed Heating Elements 

UL 1086 Household Trash Compactors 

UL 1088 Temporary Lighting Strings 

UL 1097 Double Insulation Systems 

for Use in Electrical Equipment 

UL 1206 Electric Commercial ClothesWashing Equipment 

UL 1230 Amateur Movie Lights 

UL 1240 Electric Commercial ClothesDrying Equipment 

UL 1411 Transformers and Motor 

Transformers for Use In Audio-, 

Radio-, and Television-Type 

Appliances 

UL 1419 Professional Video and Audio 

Equipment 

UL 1431 Personal Hygiene and Health 

Care Appliances 

UL 1449 Surge Protective Devices 

UL 1484 Residential Gas Detectors 

UL 1559 Insect-Control Equipment—

Electrocution Type 

UL 1561 Dry-Type General Purpose 

and Power Transformers 

UL 1563 Electric Spas, Equipment 

Assemblies, and Associated 

Equipment 

UL 1573 Stage and Studio Luminaires 

and Connector Strips 

UL 1574 Track Lighting Systems 

UL 1594 Sewing and Cutting Machines 

UL 1598 Luminaires 

UL 1741 Inverters, Converters, 

Controllers and Interconnection 

System Equipment for Use With 

Distributed Energy Resources 

UL 1778 Uninterruptible Power 

Supply Equipment 

UL 1786 Direct Plug-In Nightlights 

UL 1838 Low Voltage Landscape 

Lighting Systems 

UL 1963 Refrigerant Recovery/ 

Recycling Equipment 

UL 1993 Self-Ballasted Lamps and 

Lamp Adapters 

UL 2044 Commercial Closed-Circuit 

Television Equipment 

UL 2111 Overheating Protection for 

Motors 

UL 2157 Electric Clothes Washing 

Machines and Extractors 

UL 2158 Electric Clothes Dryers 

UL 60335–2–3 Household and Similar 

Electrical Appliances, Part 2: 

Particular Requirements for Electric 

Irons 

UL 60745–1 Hand-Held MotorOperated Electric Tools—Safety—Part 

1: General Requirements 

UL 61010A–2–020 Electrical 

Equipment for Laboratory Use; Part 2: 

Particular Requirements for 

Laboratory Centrifuges 

UL 61010A–2–061 Electrical 

Equipment for Laboratory Use; Part 2: 

Particular Requirements for 

Laboratory Atomic Spectrometers 

with Thermal Atomization and 

Ionization 

UL 61010B–2–031 Electrical 

Equipment for Measurement, Control, 

and Laboratory Use; Part 2: Particular 

Requirements for Hand-Held Probe 

Assemblies for Electrical 

Measurement and Test 

The designations and titles of the 

above test standards were current at the 

time of the preparation of this notice. 

OSHA’s recognition of TUVAM, 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). 

Test standards listed above may be 

approved as an American National 

Standard 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. 

Conditions 

TUVAM must also abide by the 

following conditions of the recognition, 

in addition to those conditions already 

required by 29 CFR 1910.7: 

OSHA must be allowed access to 

TUVAM’s facilities and records to 

ascertain continuing compliance with 

the terms of its recognition and to 

perform investigations as OSHA deems 

necessary; 

If TUVAM 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 concern and provide 

that organization with appropriate 

relevant information upon which its 

concern is based; 

TUVAM 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, TUVAM 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 

applies, and also clearly indicating that 

its recognition is limited to certain 

products; 

TUVAM 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 of these changes; 

TUVAM will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

TUVAM will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC, this 22nd day 

of August, 2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–20169 Filed 8–28–08; 8:45 am] 

BILLING CODE 4510–26–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

mstockstill on PROD1PC66 with NOTICES