[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60929-60930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16561]


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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 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 
July 29, 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: 
[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, phone: (202) 693-1911 or email: 
[email protected].

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 nineteen test standards and one 
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 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.
    OSHA published the preliminary notice announcing NNA's expansion 
application in the Federal Register on May 28, 2024 (89 FR 46165). The 
agency requested comments by June 12, 2024, but it received no comments 
in response to this notice. OSHA is now proceeding with this final 
grant of expansion to 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 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 limitations and conditions listed in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
NNA's expanded scope of

[[Page 60930]]

recognition. OSHA limits the expansion of NNA's recognition to the 
recognized testing site in Round Rock, Texas and testing and 
certification of products for demonstration of conformance to the test 
standard listed below in table 1.

 Table 1--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.
------------------------------------------------------------------------

    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.

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 nineteen additional 
test standards and an additional testing site in Round Rock, Texas, 
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, 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. 8-2020 (85 FR 58393, 
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 17, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-16561 Filed 7-26-24; 8:45 am]
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