[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: 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-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 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. 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.
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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