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###### Department of Labor

###### Occupational Safety and Health Administration 

          - [Docket No. OSHA-2006-0048] 

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor. 

# ACTION:

Notice. 

# SUMMARY:

This notice announces the application of NSF International (NSF) for expansion of its recognition and presents the Agency's preliminary finding to grant this request. This preliminary finding does not constitute an interim or temporary approval of this application. 

# DATES:

You must submit information or comments, or any request for extension of the time to comment, by the following dates: 
      -  Hard copy:                          postmarked or sent by September 15, 2008.                     
      -  Electronic transmission or facsimile:                          sent by September 15, 2008.                     

# ADDRESSES:

You may submit comments by any of the following methods: 

*Electronically:*                         You may submit comments and attachments electronically at                         *http://www.regulations.gov*, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions.                     

*Fax:*                         If your submissions, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.                     

*Mail, hand delivery, express mail, or messenger or courier service:*                         You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2006-0048 (formerly NRTL2-98), U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, and messenger and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.                     

*Instructions:*                         All submissions must include the Agency name and the OSHA docket number (OSHA Docket No.OSHA-2006-0048). Submissions, including any personal information you provide, are placed in the public docket without change and may be made available online at                         *http://www.regulations.gov*.                     

*Docket:*                         To read or download submissions or other material in the docket, go to                         *http://www.regulations.gov*                         or the OSHA Docket Office at the address above. All documents in the docket are listed in the                         *http://www.regulations.gov*                         index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office.                     

*Extension of Comment Period:*                         Submit requests for an extension of the comment period to the Office of 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 by fax to (202) 693-1644.                     

# FOR FURTHER INFORMATION CONTACT:

                        MaryAnn Garrahan, Director, Office of 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. Our Web page includes information about the NRTL Program (see                         *http://www.osha.gov*                         and select “N” in the site index).                              ( print page 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