[Federal Register: January 23, 2009 (Volume 74, Number 14)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0048]
NSF International; Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
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 January 23,
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.
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.
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. We maintain an informational Web page for
each NRTL that details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/
In an earlier action involving NSF, OSHA issued a Federal Register
notice to grant NSF's previous application, which was for an expansion
of recognition (71 FR 70431, December 4, 2006).
NSF submitted another application, dated October 23, 2007 (see
Exhibit 18-1, as cited in the preliminary notice), to expand its
recognition to include one additional test standard. The NRTL Program
staff determined that the standard was an "appropriate test standard"
within the meaning of 29 CFR 1910.7(c). 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 additional test standard listed below (see
Exhibit 18-2, as cited in the preliminary notice). Therefore, OSHA is
approving this one test standard for the expansion.
Based on this review, OSHA published a preliminary notice
announcing the expansion application in the Federal Register on August
29, 2008 (73 FR 51008). Comments were requested by September 15, 2008,
but no comments were received in response to this notice. OSHA is now
proceeding with this final notice to grant NSF's expansion application.
You may obtain or review copies of all public documents pertaining
to the NSF application by accessing http://www.regulations.gov, which
is the Federal eRulemaking Portal, or 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-2006-0048 contains all materials in the record
concerning NSF's recognition.
The current address of the NSF facility (site) 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 on this
examination and the assessor's recommendation, OSHA finds that NSF
meets 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 this limitation and these conditions.
OSHA limits the expansion of NSF's recognition to testing and
certification of products for demonstration of conformance to the
following test standard, OSHA determined is an appropriate test
standard within the meaning of 29 CFR 1910.7(c): UL 1285 Pipe and
Couplings, Polyvinyl Chloride (PVC), for Underground Fire Service.
The designation and title of this test standard was current at the
time of the preparation of the preliminary 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
The test standard 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. You may contact ANSI to find out whether a test standard
is currently ANSI approved.
NSF also must abide by the following conditions of the recognition,
in addition to those conditions already required by 29 CFR 1910.7:
1. NSF must allow OSHA access to its facilities and records to
ascertain continuing compliance with the terms of its recognition and
to perform investigations, as OSHA deems necessary;
2. 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 concern and provide that organization
with appropriate relevant information on which its concern is based;
3. 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 applies, and also
clearly indicating that its recognition is limited to certain products;
4. 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 of these
5. NSF will meet all the terms of its recognition and will comply
with all OSHA policies pertaining to this recognition; and
6. NSF will continue to meet the requirements for recognition in
all areas where it has been recognized.
Authority and Signature
Thomas M. Stohler, Acting Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210, directed the
preparation of this notice. Accordingly, the Agency is issuing this
notice pursuant to Sections 6(b) and 8(g) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655 and 657), Secretary of Labor's
Order 5-2007 (72 FR 31160), and 29 CFR 1911.
Signed at Washington, DC, on January 15, 2009.
Thomas M. Stohler
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-1290 Filed 1-22-09; 8:45 am]
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