[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64466-64467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20162]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0048]


NSF International: Grant of Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for NSF International as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
September 19, 2023.

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; 
email: <a href="/cdn-cgi/l/email-protection#234e464a4f4a4d4446510d4551424d404a501163474c4f0d444c55"><span class="__cf_email__" data-cfemail="b5d8d0dcd9dcdbd2d0c79bd3c7d4dbd6dcc687f5d1dad99bd2dac3">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#fa8895989394899594d4919f8c9394ba9e9596d49d958c"><span class="__cf_email__" data-cfemail="e89a878a81869b8786c6838d9e8186a88c8784c68f879e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of NSF International (NSF), as a NRTL. NSF's expansion 
covers 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 
certification.
    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 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,

[[Page 64467]]

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 preliminarily determined that OSHA should 
grant the application.
    OSHA published the preliminary notice announcing NSF's expansion 
application in the Federal Register on August 16, 2023 (88 FR 55737). 
The agency requested comments by August 31, 2023, but it received no 
comments in response to the notice. OSHA now is proceeding with this 
notice to grant expansion of NSF's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
the NSF expansion application, go to www.regulations/gov or contact the 
Docket Office at (202) 693-2350 (TTY (877) 889-5627. Docket No. OSHA-
2006-0048 contains all materials in the record containing NSF's 
recognition.

II. Final Decision and Order

    OSHA staff examined NSF's expansion application, conducted a 
detailed on-site assessment, and examined other pertinent information. 
Based on review of this evidence, OSHA finds that NSF meets the 
requirements of 29 CFR 1910.7 for expansion of recognition, subject to 
the specified limitations and conditions. OSHA, therefore, is 
proceeding with this final notice to grant NSF's scope of recognition. 
OSHA limits the expansion of NSF's recognition to include the site at 
Ypsilanti, Michigan as listed above. OSHA's recognition of the site 
limits NSF to performing product testing and certifications only to the 
test standards for which the site has the proper capability and 
programs, and for test standards in NSF's scope of recognition. This 
limitation is consistent with the recognition that OSHA grants to other 
NRTLs that operate multiple sites.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
NSF also must abide by the following conditions of the recognition:
    1. NSF must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as a NRTL, and provide details of the 
change(s);
    2. NSF must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. NSF must continue to meet the requirements for recognition, 
including all previously published conditions on NSF's scope of 
recognition, in all areas for which it has recognition.
    OSHA hereby expands the NRTL scope of recognition for NSF to 
include one additional test site.

III. 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.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-20162 Filed 9-18-23; 8:45 am]
BILLING CODE 4510-26-P


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