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  • Title:
    Nemko North America, Inc.: Request for Renewal of Recognition
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
    [Pages 42434-42435]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2020-15056]



    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.


    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 
    Facsimile: If your comments, including attachments, are not longer 
    than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
    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-

    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.


    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 
    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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