[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Notices]
[Pages 11344-11345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4965]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-98]


NSF International, Application for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of NSF International 
(NSF) for expansion of its recognition as a Nationally Recognized 
Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents the 
Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of this application.

DATES: Comments submitted by interested parties must be received no 
later than May 1, 2000.

ADDRESSES: Send comments concerning this notice to: 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.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program at the above 
address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that NSF International (NSF) has applied for expansion of 
its current recognition as a Nationally 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 the preliminary 
finding on an application.
    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).
    The current address of the NSF facility (site) recognized by OSHA 
is: NSF International, 789 Dixboro, Ann Arbor, Michigan 48105.

General Background on the Application

    NSF has submitted a request, dated December 17, 1998 (see Exhibit 
6A), to expand its recognition as an NRTL for six (6) additional test 
standards. Also, NSF has submitted a similar request, dated March 1, 
1999 (see Exhibit 6B), for four (4) other test standards. OSHA has 
determined that two of the standards listed in the December 17 request 
are not ``appropriate test standards,'' as specified in 29 CFR 
1910.7(c). Therefore, the expansion will only cover the eight (8) test 
standards listed below. OSHA 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 recently informed the NRTL Program staff that it has not 
performed this certification. NSF would appear to have less opportunity 
to do so without this expansion, and the NRTL Program office has 
decided to proceed with granting NSF's requests. OSHA will continue to 
impose the condition for notification, which we state again in this 
notice.
    NSF seeks recognition for testing and certification of products to 
demonstrate compliance to the eight (8) test standards listed below, 
and OSHA has determined the standards are appropriate, as prescribed by 
29 CFR 1910.7(c). OSHA's recognition of 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. As a result, the Agency'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.

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

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.

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 currently applies to NSF and will 
continue to apply as part of the expansion. The condition is as 
follows:
    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.

Preliminary Finding on the Application

    NSF has submitted acceptable requests for expansion of its 
recognition as an NRTL. 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 listed above.
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA can grant, to the NSF facility listed above, 
the expansion of recognition to use the additional eight (8) test 
standards, with the condition to be applied as noted. The staff 
therefore recommended to the Assistant Secretary that the applications 
be preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that the NSF International facility 
listed above can meet the recognition requirements, as prescribed by 29 
CFR 1910.7, for the

[[Page 11345]]

expansion of recognition, subject to the above condition. This 
preliminary finding does not constitute an interim or temporary 
approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
NSF has met the requirements of 29 CFR 1910.7 for the expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
it, OSHA must receive the comment at the address provided above (see 
ADDRESSES), no later than the last date for comments (see DATES above). 
You may obtain or review copies of NSF requests, the memo on the 
recommendation, and all submitted comments, as received, by contacting 
the Docket Office, Room N2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. You 
should refer to Docket No. NRTL-2-98, the permanent record of public 
information on the NSF recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant the NSF expansion requests. The Assistant Secretary will make 
the final decision on granting the expansion and, in making this 
decision, may undertake other proceedings prescribed in Appendix A to 
29 CFR Section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

    Signed at Washington, D.C. this 10th day of February, 2000.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-4965 Filed 3-1-00; 8:45 am]
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