[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

[[Page 46166]]

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: [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 by phone: 
(202) 693-1911 or email: [email protected].

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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[[Page 46167]]

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]
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