89 FR 207 pgs. 85245-85246 - Nemko North America, Inc.: Grant of Expansion of Recognition
Type: NOTICEVolume: 89Number: 207Pages: 85245 - 85246
Pages: 85245, 85246Docket number: [Docket No. OSHA-2013-0016]
FR document: [FR Doc. 2024-24787 Filed 10-24-24; 8:45 am]
Agency: Labor Department
Sub Agency: Occupational Safety and Health Administration
Official PDF Version: PDF Version
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0016]
Nemko North America, Inc.: Grant of Expansion of Recognition
AGENCY:
Occupational Safety and Health Administration (OSHA), Labor.
ACTION:
Notice.
SUMMARY:
In this notice, OSHA announces the final decision to expand the scope of recognition for Nemko North America, Inc. (NNA) as a Nationally Recognized Testing Laboratory (NRTL).
DATES:
The expansion of the scope of recognition becomes effective on October 25, 2024.
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, 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, phone: (202) 693-1911 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the expansion of the scope of recognition of Nemko North America, Inc. (NNA) as a NRTL. NNA's expansion covers the addition of one test standard and one testing site to the NRTL scope of recognition.
OSHA's 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 submitted two applications to OSHA for expansion of the NRTL scope of recognition. The first application, dated September 1, 2023 (OSHA-2013-0016-0029), requested the expansion of the NRTL scope of recognition to include one additional test standard. The second application, dated November 27, 2023 (OSHA-2013-0016-0030), requested the expansion of the NRTL scope of recognition to include an additional recognized testing site located at: 5F, No. 413, Sec. 2, Tiding Blvd., Nei Hu Dist. 11493 Taipei City, Taiwan, R.O.C. OSHA staff performed an on-site review of NNA's testing facilities at NNA Taipei on March 4-5, 2024, in which assessors found some nonconformances with the requirements of 29 CFR 1910.7. NNA has addressed these issues sufficiently, and OSHA staff preliminarily determined that OSHA should grant the applications.
OSHA published the preliminary notice announcing NNA's expansion applications in the Federal Register on September 12, 2024 (89 FR 74296). The agency requested comments by September 27, 2024, but it received no comments in response to this notice. OSHA is now proceeding with this final decision to grant the expansion of NNA's NRTL scope of recognition.
Docket No. OSHA-2013-0016 contains all materials in the record concerning NNA's recognition. To obtain or review copies of all public documents pertaining to NNA's expansion application, go to http://www.regulations.gov. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-2350 for assistance in locating docket submissions.
II. Final Decision and Order
OSHA staff examined NNA's expansion applications, its capability to meet the requirements of the test standards, and other pertinent information. Based on its review of this evidence, OSHA finds that NNA meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the limitations and conditions listed in this notice. OSHA, therefore, is proceeding with this final notice to grant NNA's expanded scope of recognition. OSHA limits the expansion of NNA's recognition to the additional testing site in Taipei City, Taiwan, and the additional test standard listed below in Table 1.
| Test standard | Test standard title |
|---|---|
| UL 2054 | Household and Commercial Batteries. |
[top] OSHA's recognition of any NRTL for a particular test standard is limited to equipment or materials for which OSHA standards require third-party testing and certification before using them in the workplace. Consequently, if a test standard also covers any products for which OSHA does not require such testing and certification, a NRTL's scope of recognition does not include these products.
The American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards. However, for convenience, we may use the designation of the standards-developing organization for the standard as opposed to the ANSI designation. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular test standard may use either the proprietary version of the test standard or the ANSI version of that standard. Contact ANSI to determine whether a test standard is currently ANSI-approved.
A. Conditions
Recognition is contingent on continued compliance with 29 CFR 1910.7, including, but not limited to, abiding by the following conditions of the recognition:
1. NNA must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major change in its operations as a NRTL, and provide details of the change(s);
2. NNA must meet all the terms of its recognition and comply with all OSHA policies pertaining to this recognition; and
3. NNA must continue to meet the requirements for recognition, including all previously published conditions on NNA's scope of recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the scope of recognition of NNA as a NRTL to include one additional test standard and an additional testing site in Taipei City, Taiwan, subject to the limitations and conditions specified above.
III. 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 October 18, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-24787 Filed 10-24-24; 8:45 am]
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