[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39944-39946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16319]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-98]


NSF International, Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
application of NSF International (NSF) for expansion of its recognition 
as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 
1910.7.

EFFECTIVE DATE: This recognition becomes effective on June 28, 2000 
and, unless modified in accordance with 29 CFR 1910.7, continues in 
effect while NSF remains recognized by OSHA as an NRTL.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N3653, Washington, D.C. 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

[[Page 39945]]

Recognized Testing Laboratory (NRTL). NSF's expansion request covers 
the use of additional test standards.
    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, OSHA can accept products ``properly certified'' by the 
NRTL. OSHA processes applications related to an NRTL's recognition 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish this public notice of its final 
decision on an application.
    NSF submitted a request, dated December 17, 1998 (see Exhibit 6A), 
to expand its recognition as an NRTL for 6 additional test standards. 
NSF also submitted a similar request, dated March 1, 1999 (see Exhibit 
6B), for 4 other test standards. The NRTL Program staff determined that 
two of the standards listed in the December 17 request were not 
``appropriate test standards,'' within the meaning of 29 CFR 1910.7(c). 
The staff makes such determinations in processing expansion requests 
from any NRTL. Therefore, OSHA approved 8 test standards for the 
expansion. The staff temporarily withheld its consideration of NSF's 
requests pending notification by the NRTL of the certification of its 
first products under the NRTL Program. The Agency imposed a condition 
requiring such a notification when it recognized NSF. However, NSF 
informed OSHA that it had not yet had an opportunity to perform such a 
certification. OSHA decided to grant NSF's requests, but continues to 
impose the condition for notification as restated in this notice.
    OSHA published the required notice in the Federal Register (65 FR 
11344, 03/02/2000) to announce the NSF expansion request. The notice 
included a preliminary finding that NSF could meet the requirements for 
expansion of its recognition, subject to the condition mentioned above, 
and OSHA invited public comment on the application by May 1, 2000. OSHA 
received no comments concerning this application.
    In processing these requests, 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, in 
a memo dated October 21, 1999 (see Exhibit 7), recommended the 
expansion of NSF's recognition to include the additional test 
standards.
    The most recent notices published by OSHA for the NSF recognition 
covered its initial recognition, which OSHA announced on August 8, 1998 
(63 FR 46082) and granted on December 10, 1998 (63 FR 68309).
    You may obtain or review copies of all public documents pertaining 
to the application by contacting the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N2625, Washington, D.C. 20210, telephone: (202) 693-
2350. You should refer to Docket No. NRTL-2-98, the permanent records 
of public information on the NSF recognition.
    The current address of the NSF facility (site) recognized by OSHA 
is: NSF International, 789 Dixboro, Ann Arbor, Michigan 48105.

Condition

    As previously mentioned, OSHA included a condition in the Federal 
Register notice for the recognition of NSF, published on December 10, 
1998 (63 FR 68309). The condition requires NSF to contact the NRTL 
Program after NSF has certified its first products under the program. 
The condition continues to apply as part of this expansion. We have 
included it below.
    The condition applies solely to the NSF operations as an NRTL and 
solely to those products that it certifies for purposes of enabling 
employers to meet OSHA product approval requirements. The condition is 
in addition to the other conditions listed below, which OSHA normally 
imposes in its recognition of an organization as an NRTL. The NRTL 
Program staff includes these types of additional conditions on OSHA's 
informational web page for the NRTL. When the staff determines that a 
particular condition has been satisfied, not only for NSF but for any 
NRTL, they will remove the condition from the web page and notify the 
NRTL accordingly. OSHA has no requirement to publish a public notice to 
remove conditions it imposes as part of its NRTL recognition 
activities.

Final Decision and Order

    The NRTL Program staff has examined the application and other 
pertinent information. Based upon this examination and the assessor's 
recommendation, OSHA finds that NSF International has met the 
requirements of 29 CFR 1910.7 for expansion of its recognition to 
include the additional test standards, listed below, subject to the 
limitations and conditions listed below. Pursuant to the authority in 
29 CFR 1910.7, OSHA hereby expands the recognition of NSF, subject to 
these limitations and conditions.

Limitations

    OSHA hereby expands the recognition of NSF for testing and 
certification of products to demonstrate conformance to the 8 
additional test standards listed below. OSHA has determined that each 
test standard meets the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).
    The Agency's recognition of NSF, or any NRTL, for a particular test 
standard is always limited to equipment or materials (products) for 
which OSHA standards require third party testing and certification 
before use in the workplace. As a result, OSHA's recognition of an NRTL 
for a test standard excludes any product(s), falling within the scope 
of the test standard, for which OSHA has no such requirements.

UL 94 Tests for Flammability of Plastic Materials for Parts in Devices 
and Appliances
UL 621 Ice Cream Makers
UL 651 Schedule 40 and 80 PVC Conduit
UL 651A Type EB and A Rigid PVC Conduit and HDPE Conduit
UL 749 Household [Electric] Dishwashers
UL 763 Motor-Operated Commercial Food Preparing Machines
UL 1081 Swimming Pool Pumps, Filters, and Chlorinators
UL 1821 Thermoplastic Sprinkler Pipe and Fittings for Fire Protection

    Some standards listed above are approved as American National 
Standards by the American National Standards Institute (ANSI). However, 
for convenience, the above list shows the designation of the standard 
developing organization (e.g., UL 22) for the standard, as opposed to 
the ANSI designation (e.g., ANSI/UL 22). Under our procedures, an NRTL 
that is approved for a particular test standard may use either the 
latest proprietary version of the test standard or the latest ANSI 
version of that standard, regardless of whether it is currently 
recognized for the proprietary or ANSI version. Contact ANSI or the 
ANSI web site to find out whether or not a standard is currently ANSI 
approved.
    None of the above standards had been withdrawn by the standards 
developing organization (SDO) at the time of the preparation of the 
notice of preliminary finding.

Conditions

    NSF International must also abide by the following conditions of 
the

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recognition, in addition to those already required by 29 CFR 1910.7:
    Within 30 days of certifying its first products under the NRTL 
Program, NSF will notify the OSHA NRTL Program Director so that OSHA 
may review NSF's implementation of procedures for testing and follow-up 
inspections of products covered within the scope of the above-listed 
test standards.
    OSHA must be allowed access to the NSF 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 organization that 
developed the test standard 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) 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 continue to meet all the terms of its recognition and will 
always comply with all OSHA policies pertaining to this recognition;
    NSF will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    NSF will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.

    Signed at Washington, D.C. this 20th day of June, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-16319 Filed 6-27-00; 8:45 am]
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