[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Notices]
[Pages 16311-16312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8098]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-98]


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 for expansion of its recognition as a 
Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on April 3, 2003 
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: Sherrey Nicolas, 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, 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

[[Page 16312]]

additional test standards. OSHA's current scope of recognition for NSF 
may be found in the following informational web page: http://www.osha-slc.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 ``properly certified'' 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 an application. These 
notices set forth the NRTL's scope of recognition or modifications of 
this scope.
    NSF submitted its application, dated June 25, 2002 (see Exhibit 
10), to expand its recognition to use 12 additional test standards. The 
NRTL Program staff performed the on-site review (assessment) of the 
facility and provided a positive recommendation on the expansion in 
their report (see Exhibit 11). OSHA published the notice of its 
preliminary findings on the expansion request in the Federal Register 
on December 26, 2002 (67 FR 248). The notice requested submission of 
any public comments by January 10, 2003. OSHA did not receive any 
comments pertaining to the application.
    The previous notice published by OSHA for NSF's recognition covered 
an expansion of recognition, which became effective on June 28, 2000 
(65 FR 39944).
    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

    The NRTL Program staff has examined the application, the assessor's 
report, 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, 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

Expansion for Additional Standards

    OSHA limits the expansion to testing and certification of products 
for demonstration of conformance to the following 12 test standards, 
and OSHA has determined the standards are ``appropriate,'' within the 
meaning of 29 CFR 1910.7(c).

UL 73 Motor-Operated Appliances
UL 399 Drinking-Water Coolers
UL 466 Electric Scales
UL 514B Fittings for Cable and Conduit
UL 514C Nonmetallic Outlet Boxes, Flush-Device Boxes and Covers
UL 514D Cover Plates for Flush-Mounted Wiring Devices
UL 541 Refrigerated Vending Machines
UL 751 Vending Machines
UL 982 Motor-Operated Household Food Preparing Machines
UL 1453 Electric Booster and Commercial Storage Tank Water Heaters
UL 1563 Electric Spas, Equipment Assemblies, and Associated Equipment
UL 1795 Hydromassage Bathtubs

    A few of the test standards listed above, are approved as American 
National Standards by the American National Standards Institute (ANSI). 
However, for convenience in compiling the list, we often use the 
designation of the standards developing organization (e.g., UL 751) for 
the standard, as opposed to the ANSI designation (e.g., ANSI/UL 751). 
Under our procedures, an NRTL recognized for an ANSI-approved 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 ``NSSN'' (http://www.nssn.org), an organization partially 
sponsored by ANSI, to find out whether or not a test standard is 
currently ANSI-approved.

Conditions

    NSF must also abide by the following conditions of the recognition, 
in addition to those already required by 29 CFR 1910.7:
    OSHA must be allowed access to NSF's facility 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 test standard 
developing organization 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 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.

    Signed at Washington, DC, this 20th day of March, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-8098 Filed 4-2-03; 8:45 am]
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