[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Notices]
[Pages 22547-22548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09074]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0048]


NSF International: Request for Renewal of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces NSF International's (NSF) 
application for renewal of recognition as a Nationally Recognized 
Testing Laboratory (NRTL) under 29 CFR 1910.7.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before May 7, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2006-0048, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express delivery, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2006-0048). OSHA will place all 
submissions, including any personal information provided, in the public 
docket without revision, and these submissions will be available online 
at http://www.regulations.gov.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before May 7, 2014 to the Office of Technical 
Programs and Coordination Activities, Directorate of Technical Support 
and Emergency Management, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW., 
Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644.

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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. David W. Johnson, 
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, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    OSHA recognition of an NRTL signifies that the organization meets 
the 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 approved by the NRTL 
to meet OSHA standards that require testing and certification of the 
products. OSHA maintains an informational Web site for each NRTL that 
details its scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    The Agency processes applications by an NRTL for renewal of 
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA 
conducts renewals in accordance with the procedures in 29 CFR 1910.7, 
App. II.C. In accordance with these procedures, NRTLs submit a renewal 
request to OSHA, not less than nine months, or no more than one year, 
before the expiration date of its current recognition. A renewal 
request includes a request for renewal and any additional information 
the NRTL may submit to demonstrate its continued compliance with the 
terms of its recognition and 29 CFR 1910.7. If OSHA did not conduct an 
on-site assessment of the NRTL's headquarters and key sites within the 
past 18 to 24 months, it will schedule the necessary on-site 
assessments prior to the expiration date of the NRTL's recognition. 
Upon review of the submitted material and, as necessary, the successful 
completion of the on-site assessment, OSHA announces its preliminary 
decision to grant or deny renewal in the Federal Register and solicits 
comments from the public. OSHA then publishes a final Federal Register 
notice responding to any

[[Page 22548]]

comments and renewing the NRTL's recognition for a period of five 
years, or denying the renewal of recognition.
    NSF initially received OSHA recognition as an NRTL on December 10, 
1998 (63 FR 68309). NSF's most recent renewal was on August 30, 2005, 
for a five-year period expiring on August 30, 2010. NSF submitted a 
timely request for renewal, dated November 16, 2009 (see Ex. OSHA-2006-
0048-0010), and retains its recognition pending OSHA's final decision 
in this renewal process. The current address of the NSF facility 
recognized by OSHA and included as part of the renewal request is NSF 
International, 789 Dixboro Road, Ann Arbor, Michigan 48105.

II. Notice of Preliminary Findings

    OSHA is providing notice that NSF is applying for renewal of its 
current recognition as a NRTL. This renewal covers NSF's existing NRTL 
scope of recognition. OSHA evaluated NSF's application for renewal and 
preliminarily determined that NSF can continue to meet the requirements 
prescribed by 29 CFR 1910.7 for recognition. Accordingly, OSHA is 
making a determination that it does not need to conduct an on-site 
review of NSF's facilities based on its evaluations of NSF's 
application and all other available information. This information 
includes OSHA's most recent audit of NSF's facilities conducted on 
January 29, 2014. The auditors found some non-conformances with the 
requirements of 29 CFR 1910.7. NSF addressed these issues sufficiently 
to meet the applicable NRTL requirements. This preliminary finding does 
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comment as to whether NSF meets the 
requirements of 29 CFR 1910.7 for renewal of its recognition as an 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if it is not 
adequately justified. To obtain or review copies of the publicly 
available information in NSF's application and other pertinent 
documents (including exhibits), as well as all submitted comments, 
contact the Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address; these 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2006-0048.
    OSHA staff will review all comments submitted to the docket in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend whether to grant NSF's application for 
renewal. The Assistant Secretary will make the final decision on 
granting the application and, in making this decision, may undertake 
other proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will 
publish a public notice of this final decision in the Federal Register.

III. Authority and Signature

    David Michaels, Ph.D., MPH, 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. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on April 16, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-09074 Filed 4-21-14; 8:45 am]
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