NSF International, Renewal of Recognition, 51371-51373 [05-17182]

Download as PDF Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices UL 291 Automated Teller Systems UL 294 Access Control System Units UL 508A Industrial Control Panels UL 963 Sealing, Wrapping, and Marking Equipment UL 1727 Commercial Electric Personal Grooming Appliances UL 1863 Communication Circuit Accessories UL 60065 Audio, Video and Similar Electronic Apparatus** UL 60335–1 Safety of Household and Similar Electrical Appliances, Part 1; General Requirements UL 60335–2–34 Household and Similar Electrical Appliances, Part 2; Particular Requirements for Motor Compressors UL 61010C–1 Process Control Equipment **Note: This standard is comparable to UL 6500 Audio/Video and Musical Instrument Apparatus for Household, Commercial, and Similar General Use. Since no NRTL is currently recognized for UL 60065, we plan to modify the scope of any NRTL currently recognized for UL 6500 to add UL 60065. OSHA’s recognition of MET, 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, any NRTL’s scope of recognition excludes any product(s) that fall within the scope of a test standard, but for which OSHA standards do not require NRTL testing and certification. A few of the UL test standards listed above 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 ANSIapproved. Preliminary Finding on the Application MET has submitted an acceptable request for expansion of its recognition as an NRTL. In connection with this request, OSHA did not perform an onsite review of MET’s NRTL testing facilities. However, NRTL Program assessment staff reviewed information pertinent to the request and recommended that MET’s recognition be expanded to include the eleven additional test standards listed above VerDate Aug<18>2005 15:17 Aug 29, 2005 Jkt 205001 (see Exhibit 35–2). Our review of the application file, the assessor’s recommendation, and other pertinent documents indicate that MET can meet the requirements, as prescribed by 29 CFR 1910.7, for the expansion for the eleven additional test standards 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 MET has met the requirements of 29 CFR 1910.7 for expansion of its recognition as a Nationally Recognized Testing Laboratory. Your comments should consist of pertinent written documents and exhibits. Should you need more time to comment, you must request it in writing, including reasons for the request. OSHA must receive your written request for extension at the address provided above no later than the last date for comments. 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 not adequately justified. You may obtain or review copies of MET’s requests, the on-site review report, other pertinent documents, and all submitted comments, as received, by contacting the Docket Office, Room N–2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. Docket No. NRTL1–88 contains all materials in the record concerning MET’s application. The NRTL Program staff will review all timely comments and, after resolution of issues raised by these comments, will recommend whether to grant MET’s expansion request. The Agency will make the final decision on granting the expansion 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. Signed at Washington, DC, this 15th day of August, 2005. Jonathan L. Snare, Deputy Assistant Secretary. [FR Doc. 05–17184 Filed 8–29–05; 8:45 am] BILLING CODE 4510–26–P PO 00000 51371 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. NRTL2–98] NSF International, Renewal of Recognition Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: SUMMARY: This notice announces the Occupational Safety and Health Administration’s final decision granting the renewal of recognition of NSF International (NSF) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. DATES: The renewal of recognition becomes effective on August 30, 2005. FOR FURTHER INFORMATION CONTACT: 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 The Occupational Safety and Health Administration (OSHA) hereby gives notice of the renewal of recognition of NSF International (NSF) as a Nationally Recognized Testing Laboratory (NRTL). This renewal covers NSF’s existing scope of recognition, which may be found in the following informational Web page: https://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. The Agency processes applications by an NRTL for initial recognition or for expansion or renewal of this recognition following requirements in Appendix A 1 Properly certified means, in part, that the product is labeled or marked with the NRTL’s registered certification mark (i.e., the registered mark the NRTL uses for its NRTL work) and that the product certification falls within the scope of recognition of the NRTL. Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1 51372 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices 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 https:// www.osha-slc.gov/dts/otpca/nrtl/ index.html. 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 submitted a request, dated February 21, 2003 (see Exhibit 13–2) 2, to renew its recognition, within the allotted time period, and retained its recognition pending OSHA’s final decision in this renewal process. The NRTL Program staff performed an on-site review (assessment) of NSF’s NRTL facilities and in the on-site review report, dated November 21, 2003 (see Exhibit 13–4)*, the program staff recommended the renewal of NSF’s recognition. The preliminary notice announcing the renewal application was published in the Federal Register on February 28, 2005 (70 FR 9678). Comments were requested by March 15, but no comments were received in response to this notice. 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 N2625, Washington, DC, 20210. Docket No. NRTL2–98 contains all materials in the record concerning NSF’s application. The current address of the NSF facility (site) already recognized by OSHA and included as part of the renewal is: 2 Exhibits 13–2 and 13–4 were referred to as Exhibits 14–1 and 16, respectively, in the February 28, 2005 notice. VerDate Aug<18>2005 15:17 Aug 29, 2005 Jkt 205001 NSF International, 789 Dixboro, Ann Arbor, Michigan 48105. Final Decision and Order NRTL Program staff has examined the application, the assessor’s report, 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 renewal of its recognition, subject to the limitation and conditions listed below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the recognition of NSF, subject to this limitation and these conditions. Limitation OSHA limits the renewal of NSF’s recognition to testing and certification of products for demonstration of conformance to the test standards listed below. OSHA has determined that each of these standards meets the requirements for an appropriate test standard, within the meaning of 29 CFR 1910.7(c). UL 73 Motor-Operated Appliances UL 94 Tests for Flammability of Plastic Materials for Parts in Devices and Appliances UL 197 Commercial Electric Cooking Appliances UL 399 Drinking-Water Coolers UL 466 Electric Scales UL 471 Commercial Refrigerators and Freezers UL 514B Fittings for Cable and Conduit UL 514C Nonmetallic Outlet Boxes, Flush-Device Boxes and Covers UL 514D Cover Plates for FlushMounted 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 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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. Supplemental Programs The renewal includes NSF’s continued use of the supplemental programs for which it is approved. Use of these programs is based upon the criteria detailed in OSHA’s March 9, 1995, Federal Register notice (60 FR 12980). This notice lists nine (9) programs, eight of which (called the supplemental programs) an NRTL may use to control and audit, but not 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. OSHA has already recognized NSF for the programs listed below. See https:// www.osha.gov/dts/otpca/nrtl/nsf.html. 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. E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Notices Program 9: Acceptance of services other than testing or evaluation performed by subcontractors or agents. OSHA developed these supplemental 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. 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; and NSF will continue to meet the requirements for recognition in all areas where it has been recognized. Signed at Washington, DC this 15th day of August, 2005. Jonathan L. Snare, Deputy Assistant Secretary. [FR Doc. 05–17182 Filed 8–29–05; 8:45 am] BILLING CODE 4510–26–P VerDate Aug<18>2005 15:17 Aug 29, 2005 Jkt 205001 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. NRTL2–2001] TUV America, Inc., Expansion of Recognition Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: SUMMARY: This notice announces the Occupational Safety and Health Administration’s final decision expanding the recognition of TUV America, Inc., as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. DATES: The expansion of recognition becomes effective on August 30, 2005. FOR FURTHER INFORMATION CONTACT: 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 The Occupational Safety and Health Administration (OSHA) hereby gives notice of the expansion of recognition of TUV America, Inc., (TUVAM) as a Nationally Recognized Testing Laboratory (NRTL). This expansion covers the use of additional test standards. OSHA’s current scope of recognition for TUVAM may be found in the following informational Web page: https://www.osha-slc.gov/dts/ otpca/nrtl/tuvam.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. The Agency processes applications by an NRTL for initial recognition or for 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. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 51373 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 https:// www.osha-slc.gov/dts/otpca/nrtl/ index.html. TUVAM submitted an application, dated August 1, 2003 (see Exhibits 7 and 7–1), to expand its recognition to include 45 additional test standards. The NRTL Program staff determined that one of these standards is not an ‘‘appropriate test standard’’ within the meaning of 29 CFR 1910.7(c). The staff makes this determination in processing the expansion request of any NRTL. Therefore, OSHA is approving 44 test standards for the expansion. Following review of the application, OSHA requested certain additional information from TUVAM and deferred action on the application pending receipt of this information. The NRTL adequately responded to that request prior to publication of the preliminary notice, permitting OSHA to resume processing of the application. The preliminary notice announcing the expansion application was published in the Federal Register on May 18, 2005 (70 FR 28581). Comments were requested by June 2, but no comments were received in response to this notice. You may obtain or review copies of all public documents pertaining to the TUVAM application by contacting the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N2625, Washington, DC, 20210. Docket No. NRTL2–2001 contains all materials in the record concerning TUVAM’s application. The current addresses of the TUVAM facilities already recognized by OSHA are: TUV Product Services (TUVAM), 5 Cherry Hill Drive, Danvers, Massachusetts 01923; TUV Product Services (TUVAM), 10040 Mesa Rim Road, San Diego, California 92121; and TUV Product Services (TUVAM), 1775 Old Highway 8 NW., Suite 104, New Brighton (Minneapolis), Minnesota 55112. E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51371-51373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17182]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-98]


NSF International, Renewal 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 granting the renewal of recognition of 
NSF International (NSF) as a Nationally Recognized Testing Laboratory 
under 29 CFR 1910.7.

DATES: The renewal of recognition becomes effective on August 30, 2005.

FOR FURTHER INFORMATION CONTACT: 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

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the renewal of recognition of NSF International (NSF) 
as a Nationally Recognized Testing Laboratory (NRTL). This renewal 
covers NSF's existing scope of recognition, which may be found in the 
following informational Web page: https://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 registered 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

[[Page 51372]]

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 https://
www.osha-slc.gov/dts/otpca/nrtl/.
    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 submitted a request, dated February 21, 2003 (see 
Exhibit 13-2) \2\, to renew its recognition, within the allotted time 
period, and retained its recognition pending OSHA's final decision in 
this renewal process. The NRTL Program staff performed an on-site 
review (assessment) of NSF's NRTL facilities and in the on-site review 
report, dated November 21, 2003 (see Exhibit 13-4)*, the program staff 
recommended the renewal of NSF's recognition. The preliminary notice 
announcing the renewal application was published in the Federal 
Register on February 28, 2005 (70 FR 9678). Comments were requested by 
March 15, but no comments were received in response to this notice.
---------------------------------------------------------------------------

    \2\ Exhibits 13-2 and 13-4 were referred to as Exhibits 14-1 and 
16, respectively, in the February 28, 2005 notice.
---------------------------------------------------------------------------

    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 N2625, Washington, DC, 20210. Docket No. 
NRTL2-98 contains all materials in the record concerning NSF's 
application.
    The current address of the NSF facility (site) already recognized 
by OSHA and included as part of the renewal is:
    NSF International, 789 Dixboro, Ann Arbor, Michigan 48105.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's 
report, 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 renewal of its 
recognition, subject to the limitation and conditions listed below. 
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the 
recognition of NSF, subject to this limitation and these conditions.

Limitation

    OSHA limits the renewal of NSF's recognition to testing and 
certification of products for demonstration of conformance to the test 
standards listed below. OSHA has determined that each of these 
standards meets the requirements for an appropriate test standard, 
within the meaning of 29 CFR 1910.7(c).

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

Supplemental Programs

    The renewal includes NSF's continued use of the supplemental 
programs for which it is approved. Use of these programs is based upon 
the criteria detailed in OSHA's March 9, 1995, Federal Register notice 
(60 FR 12980). This notice lists nine (9) programs, eight of which 
(called the supplemental programs) an NRTL may use to control and 
audit, but not 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. OSHA has already recognized NSF for the programs listed below. 
See https://www.osha.gov/dts/otpca/nrtl/nsf.html.
    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.

[[Page 51373]]

    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.
    OSHA developed these supplemental 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.

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; and
    NSF will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 15th day of August, 2005.
Jonathan L. Snare,
Deputy Assistant Secretary.
[FR Doc. 05-17182 Filed 8-29-05; 8:45 am]
BILLING CODE 4510-26-P
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