[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40787-40788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16431]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0048]


NSF International: Grant of Renewal 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 granting renewal of recognition of NSF 
International as a Nationally Recognized Testing Laboratory (NRTL).

DATES: The renewal of recognition becomes effective on July 14, 2014.

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 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; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page 
includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified by 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. OSHA maintains an informational Web page for 
each NRTL that details its scope of recognition. These pages are 
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications submitted 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. A, section II.C. In accordance with these procedures, NRTLs submit 
a renewal request to OSHA between nine months and one year before the 
expiration date of its current recognition. A renewal request includes 
an application for renewal and any additional information demonstrating 
its continued compliance with the terms of its recognition and 29 CFR 
1910.7. If OSHA has not conducted an on-site assessment of the NRTL 
headquarters and any 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 comments 
and renewing the NRTL's recognition for a period of five years, or 
denying the renewal of recognition.
    NSF International (NSF) initially received OSHA recognition as an 
NRTL on December 10, 1998 (63 FR 68309). The most recent renewal for 
NSF 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 Exhibit OSHA-2006-0048-0010), and retained 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.
    OSHA evaluated NSF's application for renewal and made a preliminary 
determination that NSF can continue to meet the requirements prescribed 
by 29 CFR 1910.7 for recognition. OSHA conducted an on-site audit of 
NSF's facilities on January 29, 2014, and found non-conformances with 
the requirements of 29 CFR 1910.7. NSF addressed these issues 
sufficiently to meet the applicable NRTL requirements. Accordingly, 
OSHA determined that it did not need to conduct an on-site review of 
NSF's facilities for this request for renewal based on its evaluation 
of NSF's application, the audit, and all other available information.
    OSHA published the preliminary notice announcing NSF's renewal 
request in the Federal Register on April 22, 2014 (79 FR 22547). The 
Agency requested comments by May 7, 2014, but received no comments in 
response to this notice. OSHA now is proceeding with this final notice 
to grant NSF's request for renewal of recognition.
    To obtain or review copies of the publicly available information in 
NSF's application, including pertinent documents (e.g., exhibits) and 
all submitted comments, contact the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW., Room N-2625, Washington, DC 20210. These materials are also 
available online at http://www.regulations.gov under Docket No. OSHA-
2006-0048.

[[Page 40788]]

II. Final Decision and Order

    Pursuant to the authority granted under 29 CFR 1910.7, OSHA hereby 
gives notice of the renewal of recognition of NSF as an NRTL. OSHA NRTL 
Program staff reviewed the renewal request for NSF and other pertinent 
information provided by NSF. Based on this review of the renewal 
request for NSF and other available information, OSHA finds that NSF 
meets the requirements of 29 CFR 1910.7 for renewal of its recognition, 
subject to the specified limitation and conditions. OSHA limits the 
renewal of NSF's recognition to include the terms and conditions of 
NSF's scope of recognition. The scope of recognition for NSF is 
available in the Federal Register notice dated December 10, 1998 (63 FR 
68309), or on OSHA's Web site at http://www.osha.gov/dts/otpca/nrtl/nsf.html.

Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
NSF also must abide by the following conditions of recognition:
    1. NSF must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. NSF must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. NSF must continue to meet the requirements for recognition, 
including all previously published conditions on NSF's scope of 
recognition, in all areas for which it has recognition.

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 July 9, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-16431 Filed 7-11-14; 8:45 am]
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