Nemko North America, Inc.: Request for Renewal of Recognition

Published date14 July 2020
Citation85 FR 42434
Record Number2020-15056
SectionNotices
CourtLabor Department,Occupational Safety And Health Administration
Federal Register, Volume 85 Issue 135 (Tuesday, July 14, 2020)
[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: [email protected].
                 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: [email protected].
                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]
                BILLING CODE 4510-26-P
                

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