

[Federal Register: December 4, 2006 (Volume 71, Number 232)]
[Notices]               
[Page 70431-70433]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de06-84]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-98]

 
NSF International; Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision expanding the recognition of NSF 
International (NSF) as a Nationally Recognized Testing Laboratory under 
29 CFR 1910.7.

DATES: The expansion of recognition becomes effective on December 4, 
2006.

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.

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of NSF International (NSF) 
as a Nationally Recognized Testing Laboratory (NRTL). NSF's expansion 
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.gov/dts/otpca/nrtl/nsf.html.


[[Page 70432]]

    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.
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    \1\ Properly 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.
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    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.gov/dts/otpca/nrtl/index.html
.

    NSF submitted an application, dated May 10, 2005, (see Exhibit 16-
1) to expand its recognition to include 19 additional test standards. 
The NRTL then amended the original application to request two 
additional test standards (see Exhibit 16-2). The NRTL Program staff 
determined that each of these standards is an ``appropriate test 
standard'' within the meaning of 29 CFR 1910.7(c). However, one of 
these standards was already included in NSF's scope. Therefore, OSHA is 
approving 20 test standards for the expansion. In connection with this 
request, OSHA did not perform an on-site review of NSF's NRTL testing 
facilities. However, NRTL Program assessment staff reviewed information 
pertinent to the request and recommended that NSF's recognition be 
expanded to include the 20 additional test standards listed below (see 
Exhibit 16-3).
    The preliminary notice announcing the expansion application was 
published in the Federal Register on May 18, 2006 (71 FR 28886). 
Comments were requested by June 2, 2006, but no comments were received 
in response to this notice. OSHA is now proceeding with this final 
notice to grant NSF's expansion application.
    The most recent application processed by OSHA for NSF covered its 
renewal of recognition, and the final notice granting this renewal was 
published on August 30, 2005 (70 FR 51371).
    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 N-2625, Washington, DC, 20210. Docket 
No. NRTL2-98 contains all materials in the record concerning NSF's 
recognition.
    The current address of the NSF facility already recognized by OSHA 
is: NSF International, 789 Dixboro Road, Ann Arbor, MI 48105.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's 
recommendation, and other pertinent information. Based upon this 
examination and the assessor's recommendation, OSHA finds that NSF 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 NSF, 
subject to the following limitation and conditions.

Limitation

    OSHA limits the expansion of NSF's recognition to testing and 
certification of products for demonstration of conformance to the test 
standards listed below. OSHA has determined that the standards meet the 
requirements for an appropriate test standard, within the meaning of 29 
CFR 1910.7(c).

UL 48............................  Electric Signs.
UL 65............................  Wired Cabinets.
UL 174...........................  Household Electric Storage Tank Water
                                    Heaters.
UL 250...........................  Household Refrigerators and Freezers.
UL 412...........................  Refrigeration Unit Coolers.
UL 430...........................  Waste Disposers.
UL 499...........................  Electric Heating Appliances.
UL 778...........................  Motor-Operated Water Pumps.
UL 858...........................  Household Electric Ranges.
UL 873...........................  Temperature-Indicating and -
                                    Regulating Equipment.
UL 979...........................  Water Treatment Appliances.
UL 1026..........................  Electric Household Cooking and Food
                                    Serving Appliances.
UL 1082..........................  Household Electric Coffee Makers and
                                    Brewing-Type Appliances.
UL 1083..........................  Household Electric Skillets and
                                    Frying-Type Appliances.
UL 1261..........................  Electric Water Heaters for Pools and
                                    Tubs.
UL 1598..........................  Luminaires.
UL 1889..........................  Commercial Filters for Cooking Oil.
UL 1951..........................  Electric Plumbing Accessories.
UL 2157..........................  Electric Clothes Washing Machines and
                                    Extractors.
UL 2158..........................  Electric Clothes Dryers.


    The designations and titles of the above test standards were 
current at the time of the preparation of the notice of the preliminary 
finding.
    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).
    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.

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 facilities 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)

[[Page 70433]]

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.

Edwin G. Foulke, Jr.,
Assistant Secretary.
 [FR Doc. E6-20405 Filed 12-1-06; 8:45 am]

BILLING CODE 4510-26-P
