[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9678-9680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3772]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket Nos. NRTL2-98, NRTL1-89]


NSF International, Expansion of Recognition; Application for 
Renewal of Recognition; Intertek Testing Services, NA, Interim Approval 
Subject to Review

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

ACTION: Notice.

-----------------------------------------------------------------------

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 under 29 CFR 1910.7. This 
notice also announces NSF's Application for renewal of its recognition 
and presents the Agency's preliminary finding on the renewal. This 
preliminary finding does not constitute an interim or temporary 
approval of the renewal application.
    In an unrelated matter, we are adding one test standard, NFPA 72, 
Installation, Maintenance, and Use of Protective Signaling Systems, to 
the scope of recognition of Intertek Testing Services, NA (ITSNA), on 
an interim basis, subject to review.

DATES: Recognition: The expansion of recognition becomes effective on 
February 28, 2005 and, unless modified in accordance with 29 CFR 
1910.7, continues in effect while NSF remains recognized by OSHA as an 
NRTL. Renewal: Comments on the renewal of recognition must be received 
no later than March 15, 2005. Comments on Interim Approval: Comments on 
the interim approval for test standard NFPA 72 must be received no 
later than March 15, 2005.
    You may submit comments in response to the renewal application and 
the interim approval portions of this notice, or any request for 
extension of the time to comment, by (1) regular mail, (2) express or 
overnight delivery service, (3) hand delivery, (4) messenger service, 
or (5) FAX transmission (facsimile). Because of security-related 
problems there may be a significant delay in the receipt of comments by 
regular mail. Comments (or any request for extension of the time to 
comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by March 15, 2005.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by March 15, 2005. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by March 15, 2005.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket No. NRTL2-98 or Docket No. NRTL1-89 
(as applicable), Room N-2625, U.S. Department of Labor, Occupational 
Safety and Health Administration, 200 Constitution Avenue, NW., 
Washington, DC 20210. Please contact the OSHA Docket Office at (202) 
693-2350 for information about security procedures concerning the 
delivery of materials by express delivery, hand delivery and messenger 
service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket No. 
NRTL2-98 or Docket No. NRTL1-89 (as applicable), in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Web 
page http://www.osha.gov. Accordingly, OSHA cautions you about 
submitting information of a personal nature (e.g., social security 
number, date of birth). There may be a lag time between when comments 
and submissions are received and when they are placed on the Webpage. 
Please contact the OSHA Docket Office at (202) 693-2350 for information 
about materials not available through the OSHA Webpage and for 
assistance in using the Webpage to locate docket submissions. Comments 
and submissions will also be available for inspection and copying at 
the OSHA Docket Office at the address above.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

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, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision on the Expansion of Recognition

    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 an additional test standard and two supplemental 
programs. 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 ``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 an application, dated October 8, 2003 (see Exhibit 
14), to expand its recognition to include one additional test standard. 
Prior to submitting this application, NSF submitted another 
application, dated July 31, 2003 (see exhibit 15) to include several 
additional programs within its current scope of recognition. The NRTL 
Program staff performed an on-site review (assessment) of NSF's NRTL 
facilities and in the on-site review

[[Page 9679]]

report, dated November 21, 2003 (see Exhibit 16), the program staff 
recommended a ``positive finding,'' which means a positive 
recommendation on the recognition to the Assistant Secretary.
    OSHA published the notice of its preliminary findings on the 
expansion request in the Federal Register on May 5, 2004 (69 FR 25144). 
The notice requested submission of any public comments by May 20, 2004. 
OSHA did not receive any comments pertaining to the application. 
However, the Agency deferred processing of the final notice for the 
expansion due to certain findings from a recent OSHA audit of the NRTL. 
These findings have been satisfactorily resolved permitting this notice 
to be processed.
    The previous notice published by OSHA for NSF's recognition covered 
an expansion of recognition, which became effective on April 3, 2003 
(68 FR 16311).
    The current address of the NSF facility already recognized by OSHA 
is: NSF International, 789 Dixboro, Ann Arbor, Michigan 48105.

Final Decision and Order on the Expansion

    The NRTL Program staff has examined the applications, the 
assessor's reports, 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. The expansion covers the test standard listed below 
and the use of the additional supplementary Programs 2 and 5, subject 
to the limitations and conditions, also listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of NSF, 
subject to these limitations and conditions.

Limitation

    OSHA limits the expansion of recognition of NSF to testing and 
certification of products for demonstration of conformance to the 
following test standard. OSHA has determined that the standard meets 
the requirements for an appropriate test standard, within the meaning 
of 29 CFR 1910.7(c).

UL 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General 
Requirements

    The designation and title of the above test standard was current at 
the time of the preparation of the notice of the preliminary finding.

Additional Programs

    NSF has applied to use supplemental programs 2 and 5, based upon 
the criteria detailed in OSHA's March 9, 1995 Federal Register notice 
on the NRTL programs (60 FR 12980). This notice lists nine (9) 
programs, eight of which (programs 2 through 9--called the supplemental 
programs) an NRTL may use to control and audit, but not actually to 
generate, the data relied upon for product certification. An NRTL's 
initial recognition will always include the first or basic program, 
which requires that all product testing and evaluation be performed in-
house by the NRTL that will certify the product. NSF's current scope 
already includes Programs 4, 8, and 9. OSHA's on-site review report on 
NSF's application for expansion indicates that NSF appears to meet the 
criteria for use of the following additional supplemental programs:
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 5: Acceptance of testing data from non-independent 
organizations.

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.

Notice of Renewal Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that NSF International (NSF) has applied for renewal of 
its recognition as a Nationally Recognized Testing Laboratory (NRTL). 
NSF's renewal requests covers its existing scope of recognition. OSHA's 
current scope of recognition for NSF, but not yet including the 
expansion in this current notice, may be found in the following 
informational Web page: http://www.osha.gov/dts/otpca/nrtl/nsf.html.

Application for Renewal of Recognition

    NSF International (NSF) initially received OSHA recognition as a 
Nationally Recognized Testing Laboratory on December 10, 1998 (63 FR 
68309) for a five-year period ending on December 10, 2003. Appendix A 
to 29 CFR 1910.7 stipulates that the period of recognition of an NRTL 
is five years and that an NRTL may renew its recognition by applying 
not less than nine months, nor more than one year, before the 
expiration date of its current recognition. NRTLs submitting requests 
within this allotted time period retain their recognition during OSHA's 
renewal process. NSF has submitted a request, dated February 21, 2003 
(see exhibit 14-1), to renew its recognition, within the allotted time 
period, and retains its recognition pending OSHA's final decision in 
this renewal process. NSF's existing scope of recognition consists of 
the facility listed above, and the test standards and supplemental 
programs listed below under Renewal of Recognition.
    NSF seeks renewal of its recognition for the one site that OSHA 
currently includes within the NRTL's scope. NSF also seeks renewal of 
its recognition for testing and certification of products for 
demonstration of conformance to the following test standards, which 
OSHA has recognized for NSF and includes the expansion in this current 
notice.

UL 73 Motor-Operated Appliances
UL 94 Tests for Flammability of Plastic Materials for Parts in Devices 
and Appliances
UL 197 Commercial Electric Cooking Appliance
UL 399 Drinking-Water Coolers
UL 466 Electric Scales
UL 471 Commercial Refrigerators and Freezers
UL 514B Fittings for Cable and Conduit

[[Page 9680]]

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 563 Ice Makers
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 651B Continuous Length HDPE Conduit
UL 749 Household [Electric] Dishwashers
UL 751 Vending Machines
UL 763 Motor-Operated Commercial Food Preparing Machines
UL 921 Commercial Electric Dishwashers
UL 982 Motor-Operated Household Food Preparing Machines
UL 1081 Swimming Pool Pumps, Filters, and Chlorinators
UL 1453 Electric Booster and Commercial Storage Tank Water Heaters
UL 1563 Electric Spas, Equipment Assemblies, and Associated Equipment
UL 1795 Hydromassage Bathtubs
UL 1821 Thermoplastic Sprinkler Pipe and Fittings for Fire Protection
UL 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General 
Requirements

    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, an NRTL's scope of 
recognition excludes any product(s) falling within the scope of a test 
standard for which OSHA has no NRTL testing and certification 
requirements.
    Many UL test standards also are approved as American National 
Standards 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. Under 
our procedures, any 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. You may contact ANSI to find 
out whether or not a test standard is currently ANSI-approved.

Programs and Procedures

    The renewal would include NSF's continued use of supplemental 
programs 2, 4, 5, 8, and 9, two of which are being added to NSF's scope 
in this current notice.
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 5: Acceptance of testing data from non-independent 
organizations.
    Program 8: Acceptance of product evaluations from organizations 
that function as part of the International Electrical Commission 
Certification Body (IEC-CB) Scheme.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.
    OSHA developed these programs to limit how an NRTL may perform 
certain aspects of its work and to permit the activities covered under 
a program only when the NRTL meets certain criteria. In this sense, 
they are special conditions that the Agency places on an NRTL's 
recognition. OSHA does not consider these programs in determining 
whether an NRTL meets the requirements for recognition under 29 CFR 
1910.7. However, these programs help to define the scope of that 
recognition.

Preliminary Finding on the Renewal

    NSF has submitted an acceptable request for renewal of its 
recognition as an NRTL. Our review of the application file, the on-site 
review reports, and other pertinent documents, indicates that NSF can 
meet the requirements, as prescribed by 29 CFR 1910.7, for the renewal 
of the one site and the test standards and programs listed above. 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 renewal of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. To 
consider a comment, OSHA must receive it at the address provided above 
(see ADDRESSES), no later than the last date for comments (see DATES 
above). Should you need more time to comment, OSHA must receive your 
written request for extension at the address provided above no later 
than the last date for comments. You must include your reason(s) for 
any request for extension. OSHA will limit any extension to 30 days, 
unless the requester justifies a longer period. We may deny a request 
for extension if it is frivolous or otherwise unwarranted. You may 
obtain or review copies of NSF's requests, the on-site review report, 
other exhibits, 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. NRTL2-98, the permanent record of public 
information on NSF's recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant NSF's renewal request. The Assistant Secretary will make the 
final decision on granting the renewal and, in making this decision, 
may undertake other proceedings that are prescribed in Appendix A to 29 
CFR Section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

Interim Approval Subject to Review

    Intertek Testing Services NA, Inc. (ITSNA), applied for expansion 
of its recognition, which OSHA approved on November 4, 2003 (68 FR 
62479). One of the test standards (See Exhibit 43 in Docket No. NRTL1-
89) that NSF requested was NFPA 72, Installation, Maintenance, and Use 
of Protective Signaling Systems. ITSNA has the necessary testing 
capability, but the standard was inadvertently excluded from the 
expansion. Therefore, OSHA is expanding the recognition of ITSNA to 
include this standard, but the Agency will provide interested parties 
an opportunity to comment since this standard was excluded in the 
notices that we published for the expansion. Comments submitted by 
interested parties must be received no later than March 15, 2005 at the 
address listed above. If we receive comments, OSHA will determine 
whether additional procedures are necessary.

    Signed at Washington, DC this 18th day of February, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05-3772 Filed 2-25-05; 8:45 am]
BILLING CODE 4510-26-P