[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42434-42435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15056]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0016]


Nemko North America, Inc.: 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 Nemko North 
America, Inc. (NNA) 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: https://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-2013-0016, 
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-2013-0016). 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 https://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 https://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. OSHA 
maintains an informational web page for each NRTL that details its 
scope of recognition. These pages are available on our website 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. 
The submission includes a request for renewal and any additional 
information the NRTL wishes to submit to demonstrate 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'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 solicit 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.
    NNA initially received OSHA recognition as a NRTL on June 21, 1991 
(56 FR 28579). NNA's most recent renewal was granted on July 14, 2014 
for a five-year period expiring on July 14, 2019. NNA submitted a 
timely request for renewal, dated October 10, 2018 (OSHA-2013-0016-
0016), and retains its recognition pending OSHA's final decision in 
this renewal process. Additionally, Nemko sent a request on January 14, 
2020 (OSHA-2013-0016-0017) to remove its Salt Lake City, Utah site from 
their NRTL scope of recognition. The current addresses of the NNA 
facilities recognized by OSHA and included as part of the renewal 
request are:
    (1) Nemko USA, Inc., 2210 Faraday Avenue, Suite 150, Carlsbad, 
California 92008; and
    (2) Nemko Canada, Inc., 303 River Road, Ottawa, Canada K1V 1H2.

[[Page 42435]]

II. Notice of Preliminary Findings

    OSHA is providing notice that NNA is applying for renewal of its 
recognition as a NRTL. This renewal covers NNA's existing NRTL scope of 
recognition. NNA submitted an acceptable application for renewal of its 
recognition as a NRTL on October 10, 2018. OSHA evaluated NNA's 
application for renewal and preliminarily determined that NNA 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 NNA's facilities 
based on its evaluations of NNA's application and all other available 
information. This information includes OSHA's audits of NNA's 
recognized sites 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 NNA meets the 
requirements of 29 CFR 1910.7 for renewal of their 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. OSHA must receive the 
written request for an extension by the due date for comments. OSHA 
will limit any extension to 30 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 NNA'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-2013-0016.
    OSHA staff will review all comments to the docket submitted 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 NNA'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. 2020-15056 Filed 7-13-20; 8:45 am]
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