[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67007-67008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23548]


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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.

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SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for Nemko North America, Inc., as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
September 29, 2016.

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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    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, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

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 an NRTL. NNA's 
expansion covers the addition of one test standard to its scope of 
recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified by 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 of the products.
    The Agency processes applications by an NRTL for initial 
recognition, or for expansion or renewal of this recognition, following 
requirements in Appendix A to 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 and, in the second 
notice, the Agency provides its 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 that details its scope of recognition. These pages are 
available from the Agency's Web site at http://

[[Page 67008]]

www.osha.gov/dts/otpca/nrtl/index.html.
    NNA submitted an application, dated June 25, 2015 (OSHA-2013-0016-
0012), to expand its recognition to include one additional test 
standard. OSHA staff performed a detailed analysis of the application 
packet and reviewed other pertinent information. OSHA did not perform 
any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing NNA's expansion 
application in the Federal Register on August 1, 2016 (81 FR 50531). 
The Agency requested comments by August 16, 2016, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of NNA's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
the NNA's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2013-0016 contains all materials in the record 
concerning NNA's recognition.

II. Final Decision and Order

    OSHA staff examined NNA's expansion application, 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 limitation and conditions listed below. 
OSHA, therefore, is proceeding with this final notice to grant NNA's 
scope of recognition. OSHA limits the expansion of NNA's recognition to 
testing and certification of products for demonstration of conformance 
to the test standard listed in Table 1 below.

 Table 1--Appropriate Test Standard for Inclusion in NNA's NRTL Scope of
                               Recognition
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             Test standard                     Test standard title
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UL 62368-1.............................  Audio/Video, Information and
                                          Communication Technology
                                          Equipment--Part 1: Safety
                                          Requirements.
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    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, an 
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

    In addition to those conditions already required by 29 CFR 1910.7, 
NNA must abide 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 an 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, subject to the limitation and conditions 
specified above.

Authority and Signature

    David Michaels, Ph.D., MPH, 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 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 September 26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23548 Filed 9-28-16; 8:45 am]
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