Rules and Regulations. Notice
/register/2020/07/14/2020-15056·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Agency: Occupational Safety and Health Administration (OSHA), Labor
Action: Notice
Citation: FR Doc. 2020-15056 · Docket No. OSHA-2013-0016
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.
Supplementary Information
I. Background OSHA recognition of a NRTL signifies that the organization meets the requirements in § 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 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]