[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4245-4246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1290]


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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.

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 January 23, 
2009.

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.
    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/index.html.
    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.

Limitation

    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 
product(s).
    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.

Conditions

    NSF also must abide by the following conditions of the recognition, 
in

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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 
changes;
    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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