• Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    85:42435-42436
  • Standard Number:
  • Title:
    NSF International: Request for Renewal of Recognition
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
    [Notices]
    [Pages 42435-42436]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2020-15057]


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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 the application of NSF 
    International (NSF) requesting renewal of recognition as a Nationally 
    Recognized Testing Laboratory (NRTL).

    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 July 29, 2020.

    ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
    electronically at: http://www.regulations.gov, which is the Federal 
    eRulemaking Portal. Follow the instructions online for submitting 
    comments.
    Facsimile: If your comments, including attachments, are not longer 
    than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
    1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
    When using this method, you must submit a copy of your comments and 
    attachments to the OSHA Docket Office, Docket No. OSHA-2006-0048, 
    Occupational Safety and Health Administration, U.S. Department of 
    Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
    Deliveries (hand, express mail, messenger, and courier service) are 
    accepted during the Docket Office's normal business hours, 10:00 a.m. 
    to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the 
    OSHA docket number (OSHA-2006-0048). OSHA places comments and other 
    materials, including any personal information, in the public docket 
    without revision, and these materials will be available online at 
    http://www.regulations.gov. Therefore, the agency cautions commenters 
    about submitting statements they do not want made available to the 
    public, or submitting comments that contain personal information 
    (either about themselves or others) such as Social Security Numbers, 
    birth dates, and medical data.
    Docket: To read or download comments or other material in the 
    docket, go to http://www.regulations.gov or the OSHA Docket Office at 
    the above address. All documents in the docket (including this Federal 
    Register notice) 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 website. All submissions, 
    including copyrighted material, are available for inspection at the 
    OSHA Docket Office. Contact the OSHA Docket Office for assistance in 
    locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
    the comment period on or before July 29, 2020 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-3653, 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, telephone: (202) 693-1999; 
    email: meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. Kevin Robinson, 
    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, phone: 
    (202) 693-2110 or email: robinson.kevin@dol.gov.



    SUPPLEMENTARY INFORMATION:

    I. Background

    OSHA recognition of a NRTL signifies that the organization meets 
    the requirements in Sec.  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 page 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 a 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, 
    appendix A, paragraph 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 
    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 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 a NRTL on December 10, 
    1998 (63 FR 68309). NSF's most recent renewal was on July 14, 2014, for 
    a five-year period expiring on July 14, 2019. NSF submitted a timely 
    request for renewal, dated October 11, 2018 (OSHA-2006-0048-0013), 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:
    1. 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 
    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 additional 
    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 audits of NSF's NRTL recognized site during this 
    recognition period, and the satisfactory resolution of non-conformances 
    with the requirements of 29 CFR 1910.7. This preliminary finding does 
    not constitute an interim or temporary approval of the request.
    OSHA welcomes public comment as to whether NSF meets the 
    requirements of 29 CFR 1910.7 for renewal of its recognition as a 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-3653, 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 make a recommendation to the Assistant Secretary on 
    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

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
    Occupational Safety and Health, U.S. Department of Labor, 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 7, 2020.
    Loren Sweatt,
    Principal Deputy Assistant Secretary of Labor for Occupational Safety 
    and Health.
    [FR Doc. 2020-15057 Filed 7-13-20; 8:45 am]
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