[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17528]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0048]
NSF International: Application for Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: In this notice, OSHA announces the application of NSF
International, for expansion of the scope of recognition as a
Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the application.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 31, 2023.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2006-0048). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket
(including this Federal Register notice) 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
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before August 31, 2023 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone: (202) 693-1999;
General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2300 or email: email@example.com.
I. Notice of the Application for Expansion
OSHA is providing notice that NSF International (NSF), is applying
for an expansion of current recognition as a NRTL. NSF requests the
addition of one test site to the NRTL scope of recognition.
OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
The agency processes applications by a NRTL for initial
recognition, as well as for an expansion or renewal of 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 the preliminary finding. In the second notice,
the agency provides the 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,
including NSF, which details that NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
NSF currently has one facility (site) recognized by OSHA for
product testing and certification, with the headquarters located at:
NSF International, 789 North Dixboro Road, Ann Arbor, Michigan 48105. A
complete list of NSF sites recognized by OSHA is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/nsf.
II. General Background on the Application
NSF submitted an application, dated July 21, 2020 (OSHA-2006-0048-
0016), to expand recognition as a NRTL to include one additional test
site located at: 251 Airport Industrial Drive, Ypsilanti, Michigan
48198 (NSF Ypsilanti). OSHA staff performed an on-site review of NSF's
testing facilities at NSF Ypsilanti on May 3-4, 2023, in which
assessors found some nonconformances with the requirements of 29 CFR
1910.7. NSF has addressed these issues sufficiently, and OSHA staff has
preliminarily determined that OSHA should grant the application.
III. Preliminary Finding on the Application
NSF submitted an acceptable application for expansion of its scope
of recognition. OSHA's review of the application file and pertinent
documentation preliminarily indicates that NSF can meet the
requirements prescribed by 29 CFR 1910.7 for expanding its recognition
to include one additional test site for NRTL testing and certification.
This preliminary finding does not constitute an interim or temporary
approval of NSF's application.
OSHA seeks public comment on this preliminary determination.
IV. Public Participation
OSHA welcomes public comment as to whether NSF meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
To review copies of the exhibit identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2006-0048 (for further
information, see the ``Docket'' heading in the section of this notice
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant NSF's
application for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of the final decision in the
IV. Authority and Signature
James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.
Signed at Washington, DC, on August 9, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-17528 Filed 8-15-23; 8:45 am]
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