81_FR_67196 81 FR 67007 - Nemko North America, Inc.: Grant of Expansion of Recognition

81 FR 67007 - Nemko North America, Inc.: Grant of Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range67007-67008
FR Document2016-23548

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).

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67007-67008]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 62368-1.............................  Audio/Video, Information and
                                          Communication Technology
                                          Equipment--Part 1: Safety
                                          Requirements.
------------------------------------------------------------------------

    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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                                                                           Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices                                           67007

                                                  example, by using automated or other                    delivery, messenger, or courier service,              FOR FURTHER INFORMATION CONTACT:
                                                  technological information collection                    please contact the OSHA Docket Office                 Information regarding this notice is
                                                  and transmission techniques.                            at (202) 693–2350, (TTY (877) 889–                    available from the following sources:
                                                                                                          5627).                                                   Press inquiries: Contact Mr. Frank
                                                  III. Proposed Actions
                                                                                                             Comments and submissions are                       Meilinger, Director, OSHA Office of
                                                     There is an adjustment decrease of 13                posted without change at http://                      Communications, U.S. Department of
                                                  hours as a result of removing the burden                www.regulations.gov. Therefore, OSHA                  Labor, 200 Constitution Avenue NW.,
                                                  hours for an employer to disclose                       cautions commenters about submitting                  Room N–3647, Washington, DC 20210;
                                                  records to an OSHA compliance officer                   personal information such as social                   telephone: (202) 693–1999; email:
                                                  during an inspection, bringing the total                security numbers and dates of birth.                  meilinger.francis2@dol.gov.
                                                  burden hours to zero (0). However,                      Although all submissions are listed in                   General and technical information:
                                                  while no responses have in fact been                    the http://www.regulations.gov index,                 Contact Mr. Kevin Robinson, Director,
                                                  received, DOL is using the figure of                    some information (e.g., copyrighted                   Office of Technical Programs and
                                                  ‘‘10’’ responses in order to have the ICR               material) is not publicly available to                Coordination Activities, Directorate of
                                                  comport to regulation 5 CFR                             read or download from this Web site.                  Technical Support and Emergency
                                                  1320.3(c)(4)(i), which deems any rule of                All submissions, including copyrighted                Management, Occupational Safety and
                                                  general applicability to involve at least               material, are available for inspection                Health Administration, U.S. Department
                                                  10 respondents. The Agency is,                          and copying at the OSHA Docket Office.                of Labor, 200 Constitution Avenue NW.,
                                                  therefore, using the above per response                 Information on using the http://                      Room N–3655, Washington, DC 20210;
                                                  burden to maintain a time burden as                     www.regulations.gov Web site to submit                telephone: (202) 693–2110; email:
                                                  close as is possible to the actual time of              comments and access the docket is                     robinson.kevin@dol.gov. OSHA’s Web
                                                  no hours (1 hour).                                      available at the Web site’s ‘‘User Tips’’             page includes information about the
                                                     Type of Review: Extension of a                       link. Contact the OSHA Docket Office                  NRTL Program (see http://
                                                  currently approved collection.                          for information about materials not from              www.osha.gov/dts/otpca/nrtl/
                                                     Title: Aerial Lifts (29 CFR 1926.453).               the Web site, and for assistance in using             index.html).
                                                     OMB Control Number: 1218–0216.                       the Internet to locate docket
                                                     Affected Public: Business or other for-                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                          submissions.
                                                  profits.                                                                                                      I. Notice of Final Decision
                                                     Number of Respondents: 10.                           V. Authority and Signature
                                                     Frequency of Responses: On occasion.                                                                          OSHA hereby gives notice of the
                                                                                                            David Michaels, Ph.D., MPH,                         expansion of the scope of recognition of
                                                     Total Responses: 10.
                                                     Average Time per Response: 6                         Assistant Secretary of Labor for                      Nemko North America, Inc. (NNA), as
                                                  minutes (0.10 hour).                                    Occupational Safety and Health,                       an NRTL. NNA’s expansion covers the
                                                     Estimated Total Burden Hours: 1.                     directed the preparation of this notice.              addition of one test standard to its scope
                                                     Estimated Cost (Operation and                        The authority for this notice is the                  of recognition.
                                                  Maintenance): $0.                                       Paperwork Reduction Act of 1995 (44                      OSHA recognition of an NRTL
                                                                                                          U.S.C. 3506 et seq.) and Secretary of                 signifies that the organization meets the
                                                  IV. Public Participation—Submission of                  Labor’s Order No. 1–2012 (77 FR 3912).                requirements specified by 29 CFR
                                                  Comments on This Notice and Internet                                                                          1910.7. Recognition is an
                                                                                                            Signed at Washington, DC, on September
                                                  Access to Comments and Submissions                      26, 2016.                                             acknowledgment that the organization
                                                     You may submit comments in                           David Michaels,                                       can perform independent safety testing
                                                  response to this document as follows:                   Assistant Secretary of Labor for Occupational         and certification of the specific products
                                                  (1) Electronically at http://                           Safety and Health.                                    covered within its scope of recognition
                                                  www.regulations.gov, which is the                       [FR Doc. 2016–23581 Filed 9–28–16; 8:45 am]           and is not a delegation or grant of
                                                  Federal eRulemaking Portal; (2) by                      BILLING CODE 4510–26–P
                                                                                                                                                                government authority. As a result of
                                                  facsimile (fax); or (3) by hard copy. All                                                                     recognition, employers may use
                                                  comments, attachments, and other                                                                              products properly approved by the
                                                  material must identify the Agency name                  DEPARTMENT OF LABOR                                   NRTL to meet OSHA standards that
                                                  and the OSHA docket number for the                                                                            require testing and certification of the
                                                  ICR (Docket No. OSHA–2009–0045).                        Occupational Safety and Health                        products.
                                                  You may supplement electronic                           Administration                                           The Agency processes applications by
                                                  submissions by uploading document                                                                             an NRTL for initial recognition, or for
                                                  files electronically. If you wish to mail               [Docket No. OSHA–2013–0016]                           expansion or renewal of this
                                                  additional materials in reference to an                                                                       recognition, following requirements in
                                                  electronic or facsimile submission, you                 Nemko North America, Inc.: Grant of                   Appendix A to 29 CFR 1910.7. This
                                                  must submit them to the OSHA Docket                     Expansion of Recognition                              appendix requires that the Agency
                                                  Office (see the section of this notice                                                                        publish two notices in the Federal
                                                  titled ADDRESSES). The additional                       AGENCY: Occupational Safety and Health                Register in processing an application. In
                                                  materials must clearly identify your                    Administration (OSHA), Labor.                         the first notice, OSHA announces the
                                                  electronic comments by your name,                       ACTION: Notice.                                       application and provides its preliminary
                                                  date, and the docket number so the                                                                            finding and, in the second notice, the
                                                  Agency can attach them to your                          SUMMARY:  In this notice, OSHA                        Agency provides its final decision on
mstockstill on DSK3G9T082PROD with NOTICES




                                                  comments.                                               announces its final decision to expand                the application. These notices set forth
                                                     Because of security procedures, the                  the scope of recognition for Nemko                    the NRTL’s scope of recognition or
                                                  use of regular mail may cause a                         North America, Inc., as a Nationally                  modifications of that scope. OSHA
                                                  significant delay in the receipt of                     Recognized Testing Laboratory (NRTL).                 maintains an informational Web page
                                                  comments. For information about                         DATES: The expansion of the scope of                  for each NRTL that details its scope of
                                                  security procedures concerning the                      recognition becomes effective on                      recognition. These pages are available
                                                  delivery of materials by hand, express                  September 29, 2016.                                   from the Agency’s Web site at http://


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                                                  67008                    Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

                                                  www.osha.gov/dts/otpca/nrtl/                            which OSHA does not require such                      DEPARTMENT OF LABOR
                                                  index.html.                                             testing and certification, an NRTL’s
                                                     NNA submitted an application, dated                  scope of recognition does not include                 Occupational Safety and Health
                                                  June 25, 2015 (OSHA–2013–0016–                          these products.                                       Administration
                                                  0012), to expand its recognition to                        The American National Standards                    [Docket No. OSHA–2016–0009]
                                                  include one additional test standard.                   Institute (ANSI) may approve the test
                                                  OSHA staff performed a detailed                         standards listed above as American                    Advisory Committee on Construction
                                                  analysis of the application packet and                  National Standards. However, for                      Safety and Health (ACCSH)
                                                  reviewed other pertinent information.                   convenience, we may use the
                                                  OSHA did not perform any on-site                                                                              AGENCY: Occupational Safety and Health
                                                                                                          designation of the standards-developing
                                                  reviews in relation to this application.                                                                      Administration (OSHA), Labor.
                                                                                                          organization for the standard as opposed
                                                     OSHA published the preliminary                       to the ANSI designation. Under the                    ACTION: Announcement of ACCSH
                                                  notice announcing NNA’s expansion                       NRTL Program’s policy (see OSHA                       meeting and request for nominations for
                                                  application in the Federal Register on                  Instruction CPL 1–0.3, Appendix C,                    membership on ACCSH.
                                                  August 1, 2016 (81 FR 50531). The                       paragraph XIV), any NRTL recognized
                                                  Agency requested comments by August                                                                           SUMMARY:  ACCSH will meet November
                                                                                                          for a particular test standard may use                30–December 1, 2016, in Washington,
                                                  16, 2016, but it received no comments                   either the proprietary version of the test
                                                  in response to this notice. OSHA now is                                                                       DC. OSHA also announces the Assistant
                                                                                                          standard or the ANSI version of that                  Secretary of Labor’s request for
                                                  proceeding with this final notice to                    standard. Contact ANSI to determine
                                                  grant expansion of NNA’s scope of                                                                             nominations for membership on
                                                                                                          whether a test standard is currently                  ACCSH.
                                                  recognition.                                            ANSI-approved.
                                                     To obtain or review copies of all                                                                          DATES:
                                                  public documents pertaining to the                      A. Conditions                                            ACCSH meeting: ACCSH will meet
                                                  NNA’s application, go to                                                                                      from 1:00 to 5:00 p.m., e.t., Wednesday,
                                                  www.regulations.gov or contact the                         In addition to those conditions
                                                                                                          already required by 29 CFR 1910.7,                    November 30, 2016, and from 9:00 a.m.
                                                  Docket Office, Occupational Safety and                                                                        to 5:00 p.m., Thursday, December 1,
                                                  Health Administration, U.S. Department                  NNA must abide by the following
                                                                                                          conditions of the recognition:                        2016.
                                                  of Labor, 200 Constitution Avenue NW.,                                                                           Submit (postmark, send, transmit)
                                                  Room N–2625, Washington, DC 20210.                         1. NNA must inform OSHA as soon as                 comments, requests to address the
                                                  Docket No. OSHA–2013–0016 contains                      possible, in writing, of any change of                ACCSH meeting, speaker presentations
                                                  all materials in the record concerning                  ownership, facilities, or key personnel,              (written or electronic), and requests for
                                                  NNA’s recognition.                                      and of any major change in its                        special accommodations for the ACCSH
                                                                                                          operations as an NRTL, and provide                    meeting, by November 11, 2016.
                                                  II. Final Decision and Order                            details of the change(s);                                Nominations for ACCSH membership:
                                                    OSHA staff examined NNA’s                                2. NNA must meet all the terms of its              Submit nominations for ACCSH
                                                  expansion application, its capability to                recognition and comply with all OSHA                  membership by January 27, 2017.
                                                  meet the requirements of the test                       policies pertaining to this recognition;              ADDRESSES:
                                                  standards, and other pertinent                          and                                                     Submission of comments, requests to
                                                  information. Based on its review of this
                                                                                                             3. NNA must continue to meet the                   speak, and speaker presentations for the
                                                  evidence, OSHA finds that NNA meets
                                                                                                          requirements for recognition, including               ACCSH meeting: Submit comments,
                                                  the requirements of 29 CFR 1910.7 for
                                                                                                          all previously published conditions on                requests to speak, and speaker
                                                  expansion of its recognition, subject to
                                                                                                          NNA’s scope of recognition, in all areas              presentations for the ACCSH meeting,
                                                  the limitation and conditions listed
                                                                                                          for which it has recognition.                         using one of the following methods:
                                                  below. OSHA, therefore, is proceeding
                                                                                                             Pursuant to the authority in 29 CFR                  Electronically: Submit materials,
                                                  with this final notice to grant NNA’s
                                                                                                          1910.7, OSHA hereby expands the scope                 including attachments, electronically at:
                                                  scope of recognition. OSHA limits the
                                                                                                          of recognition of NNA, subject to the                 http://www.regulations.gov, which is
                                                  expansion of NNA’s recognition to
                                                                                                          limitation and conditions specified                   the Federal eRulemaking Portal. Follow
                                                  testing and certification of products for
                                                                                                          above.                                                the on-line instructions for submissions.
                                                  demonstration of conformance to the
                                                                                                                                                                  Facsimile (Fax): If the submission,
                                                  test standard listed in Table 1 below.                  Authority and Signature                               including attachments, does not exceed
                                                                                                                                                                10 pages, you may fax it to the OSHA
                                                    TABLE 1—APPROPRIATE TEST STAND-   David Michaels, Ph.D., MPH,
                                                                                                                                                                Docket Office at (202) 693–1648.
                                                     ARD FOR INCLUSION IN NNA’S NRTL Assistant Secretary of Labor for                                             Regular mail, express mail, hand
                                                     SCOPE OF RECOGNITION            Occupational Safety and Health, 200
                                                                                                                                                                delivery, or messenger (courier) service:
                                                                                                          Constitution Avenue NW., Washington,
                                                                                                                                                                Submit materials to the OSHA Docket
                                                   Test standard           Test standard title            DC 20210, authorized the preparation of
                                                                                                                                                                Office, Docket No. OSHA–2016–0009,
                                                                                                          this notice. Accordingly, the Agency is
                                                  UL 62368–1 ...     Audio/Video, Information and                                                               Room N–2625, U.S. Department of
                                                                                                          issuing this notice pursuant to 29 U.S.C.
                                                                       Communication Tech-                                                                      Labor, 200 Constitution Avenue NW.,
                                                                                                          657(g)(2), Secretary of Labor’s Order No.
                                                                       nology Equipment—Part 1:                                                                 Washington, DC 20210; telephone: (202)
                                                                                                          1–2012 (77 FR 3912, Jan. 25, 2012), and
                                                                       Safety Requirements.                                                                     693–2350 (TTY (877) 889–5627).
                                                                                                          29 CFR 1910.7.
                                                                                                                                                                OSHA’s Docket Office accepts deliveries
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                                                    OSHA’s recognition of any NRTL for                      Signed at Washington, DC, on September              (hand deliveries, express mail, and
                                                  a particular test standard is limited to                26, 2016.                                             messenger service) during normal
                                                  equipment or materials for which OSHA                   David Michaels,                                       business hours, 8:15 a.m.–4:45 p.m., e.t.,
                                                  standards require third-party testing and               Assistant Secretary of Labor for Occupational         weekdays.
                                                  certification before using them in the                  Safety and Health.                                      Instructions: Submissions must
                                                  workplace. Consequently, if a test                      [FR Doc. 2016–23548 Filed 9–28–16; 8:45 am]           include the agency name and docket
                                                  standard also covers any products for                   BILLING CODE 4510–26–P                                number for this Federal Register notice


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Document Created: 2016-09-29 04:15:02
Document Modified: 2016-09-29 04:15:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe expansion of the scope of recognition becomes effective on September 29, 2016.
ContactInformation regarding this notice is available from the following sources:
FR Citation81 FR 67007 

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