[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46165-46167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11557]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0016]
Nemko North America, Inc.: Application for Expansion 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) for expansion of recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the agency's
preliminary finding to grant the application.
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 June 12, 2024.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at https://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2013-0016). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. 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 through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the
comment period on or before June 12, 2024 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 by phone: (202) 693-1999 or
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 by phone:
(202) 693-1911 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that Nemko North America, Inc. (NNA) is
applying for expansion of the current recognition as a NRTL. NNA
requests the addition of nineteen recognized testing standards and one
recognized testing site to the NRTL scope of recognition.
OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 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. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
The agency processes an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A, 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. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including NNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at: https://www.osha.gov/nationally-recognized-testing-laboratory-program.
NNA currently has two facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
Nemko North America, Inc., 2210 Faraday Avenue, Suite 150, Carlsbad,
California 92008. A complete list of NNA's scope of recognition
(including sites recognized by OSHA) is available at: https://www.osha.gov/nationally-recognized-testing-laboratory-program.
II. General Background on the Application
NNA submitted an application to OSHA for expansion of the NRTL
scope of recognition. The application, dated October 24, 2023 (OSHA-
2013-0016-0026), requested the expansion of the NRTL scope of
recognition to include one additional test site located at: 1601 N A.W.
Grimes Blvd., Suite B, Round Rock, Texas 78665 and nineteen additional
test standards. OSHA staff performed an on-site review of NNA's testing
facilities at NNA Austin, Texas on January 23-24, 2024, in which
assessors found some nonconformances with the requirements of 29 CFR
1910.7. NNA has addressed these issues sufficiently, and OSHA staff has
preliminarily determined that OSHA should grant the application.
Table 1 below lists the appropriate test standards found in NNA's
application for expansion for testing and certification of products
under the NRTL Program.
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
NNA's NRTL Scope of Recognition
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Test standard Test standard title
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UL 60079-0........................ Explosive Atmospheres--Part 0:
Equipment--General Requirements.
UL 60079-1........................ Explosive Atmospheres--Part 1:
Equipment Protection by Flameproof
Enclosures ``d''.
UL 60079-2........................ Explosive Atmospheres--Part 2:
Equipment Protection by Pressurized
Enclosures ``p''.
UL 60079-5........................ Explosive Atmospheres--Part 5:
Equipment Protection by Powder
Filling ``q''.
UL 60079-6........................ Explosive Atmospheres--Part 6:
Equipment Protection by Oil
Immersion ``o''.
UL 60079-7........................ Explosive Atmospheres--Part 7:
Equipment Protection by Increased
Safety ``e''.
UL 60079-11....................... Explosive Atmospheres--Part 11:
Equipment Protection by Intrinsic
Safety ``i''.
UL 60079-15....................... Explosive Atmospheres--Part 15:
Equipment Protection by Type of
Protection ``n''.
UL 60079-18....................... Explosive Atmospheres--Part 18:
Equipment Protection by
Encapsulation ``m''.
UL 60079-25....................... Explosive Atmospheres--Part 25:
Intrinsically Safe Electrical
Systems.
UL 60079-28....................... Standard for Explosive Atmospheres--
Part 28: Protection of Equipment
and Transmission Systems Using
Optical Radiation.
UL 60079-31....................... Standard for Explosive Atmospheres--
Part 31: Equipment Dust Ignition
Protection Enclosure ``t''.
NFPA 496.......................... Purged and Pressurized Enclosures
for Electrical Equipment.
UL 913............................ Intrinsically Safe Apparatus and
Associated Apparatus for Use in
Class I, II and III, Division I,
Hazardous (Classified) Locations.
UL 121201......................... Nonincendive Electrical Equipment
for Use in Class I and II, Division
2 and Class III, Division 1 and 2
Hazardous (Classified) Locations.
TIA 4950.......................... Requirements for Battery-Powered,
Portable Land Mobile Radio
Applications in Class I, II, and
III, Division I, Hazardous
(Classified) Locations.
UL 1203........................... Explosion-Proof and Dust-Ignition-
Proof Electrical Equipment for Use
in Hazardous (Classified)
Locations.
UL 674............................ Electric Motors and Generators for
Use in Hazardous (Classified)
Locations.
UL 698A........................... Industrial Control Panels Relating
to Hazardous (Classified)
Locations.
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III. Preliminary Findings on the Application
NNA submitted acceptable application for expansion of the NRTL
scope of recognition. OSHA's review of the application files, and
pertinent documentation, indicate that NNA can meet the requirements
prescribed by 29 CFR 1910.7 for expanding their recognition to include
the addition of nineteen additional testing standards and one
additional testing site for NRTL testing and certification. This
preliminary finding does not constitute an interim or temporary
approval of NNA's application. OSHA seeks comment on this preliminary
determination.
IV. Public Participation
OSHA welcomes public comment as to whether NNA meets the
requirements of 29 CFR 1910.7 for expansion of 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 by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2013-0016 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant NNA's
application for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the application. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of the final decision in the
Federal Register.
V. Authority and Signature
James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to Section 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.
Signed at Washington, DC, on May 20, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-11557 Filed 5-24-24; 8:45 am]
BILLING CODE 4510-26-P
