[Federal Register: December 4, 2006 (Volume 71, Number 232)][Notices] [Page 70431-70433]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de06-84]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision expanding the recognition of NSF
International (NSF) as a Nationally Recognized Testing Laboratory under
29 CFR 1910.7.
DATES: The expansion of recognition becomes effective on December 4,
2006.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, 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 additional test standards. 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'' \1\ by
the NRTL to meet OSHA standards that require testing and certification.
---------------------------------------------------------------------------
\1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
NRTL.
---------------------------------------------------------------------------
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 the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
NSF submitted an application, dated May 10, 2005, (see Exhibit 16-
1) to expand its recognition to include 19 additional test standards.
The NRTL then amended the original application to request two
additional test standards (see Exhibit 16-2). The NRTL Program staff
determined that each of these standards is an ``appropriate test
standard'' within the meaning of 29 CFR 1910.7(c). However, one of
these standards was already included in NSF's scope. Therefore, OSHA is
approving 20 test standards for the expansion. In connection with this
request, 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 recommended that NSF's recognition be
expanded to include the 20 additional test standards listed below (see
Exhibit 16-3).
The preliminary notice announcing the expansion application was
published in the Federal Register on May 18, 2006 (71 FR 28886).
Comments were requested by June 2, 2006, but no comments were received
in response to this notice. OSHA is now proceeding with this final
notice to grant NSF's expansion application.
The most recent application processed by OSHA for NSF covered its
renewal of recognition, and the final notice granting this renewal was
published on August 30, 2005 (70 FR 51371).
You may obtain or review copies of all public documents pertaining
to the NSF application by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC, 20210. Docket
No. NRTL2-98 contains all materials in the record concerning NSF's
recognition.
The current address of the NSF facility already recognized by OSHA
is: NSF International, 789 Dixboro Road, Ann Arbor, MI 48105.
Final Decision and Order
NRTL Program staff has examined the application, the assessor's
recommendation, and other pertinent information. Based upon this
examination and the assessor's recommendation, OSHA finds that NSF has
met the requirements of 29 CFR 1910.7 for expansion of its recognition,
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 the following limitation and conditions.
Limitation
OSHA limits the expansion of NSF's recognition to testing and
certification of products for demonstration of conformance to the test
standards listed below. OSHA has determined that the standards meet the
requirements for an appropriate test standard, within the meaning of 29
CFR 1910.7(c).
UL 48............................ Electric Signs.
UL 65............................ Wired Cabinets.
UL 174........................... Household Electric Storage Tank Water
Heaters.
UL 250........................... Household Refrigerators and Freezers.
UL 412........................... Refrigeration Unit Coolers.
UL 430........................... Waste Disposers.
UL 499........................... Electric Heating Appliances.
UL 778........................... Motor-Operated Water Pumps.
UL 858........................... Household Electric Ranges.
UL 873........................... Temperature-Indicating and -
Regulating Equipment.
UL 979........................... Water Treatment Appliances.
UL 1026.......................... Electric Household Cooking and Food
Serving Appliances.
UL 1082.......................... Household Electric Coffee Makers and
Brewing-Type Appliances.
UL 1083.......................... Household Electric Skillets and
Frying-Type Appliances.
UL 1261.......................... Electric Water Heaters for Pools and
Tubs.
UL 1598.......................... Luminaires.
UL 1889.......................... Commercial Filters for Cooking Oil.
UL 1951.......................... Electric Plumbing Accessories.
UL 2157.......................... Electric Clothes Washing Machines and
Extractors.
UL 2158.......................... Electric Clothes Dryers.
The designations and titles of the above test standards were
current at the time of the preparation of the notice of the preliminary
finding.
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, if a test standard also
covers any product(s) for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
product(s).
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.
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 facilities 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; and
NSF will continue to meet the requirements for recognition in all
areas where it has been recognized.
Edwin G. Foulke, Jr.,
Assistant Secretary.
[FR Doc. E6-20405 Filed 12-1-06; 8:45 am]
BILLING CODE 4510-26-P
