Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices 8451 

17See 29 CFR 1904 (Recording and Reporting 

Occupational Injuries and Illnesses) (http:// 

www.osha.gov/pls/oshaweb/owadisp.show_

document?p_table=STANDARDS&p_id=9631); 

recordkeeping forms and instructions https:// 

www.osha.gov/recordkeeping/forms. 

G. Inspections, Tests, and Accident 

Prevention 

1. Ballard must initiate and maintain 

a program of frequent and regular 

inspections of the TBM’s hyperbaric 

equipment and support systems (such as 

temperature control, illumination, 

ventilation, and fire-prevention and firesuppression systems), and hyperbaric 

work areas, as required under 29 CFR 

1926.20(b)(2), including: 

(a) Developing a set of checklists to be 

used by a competent person in 

conducting weekly inspections of 

hyperbaric equipment and work areas; 

and 

(b) Ensuring that a competent person 

conducts daily visual checks and 

weekly inspections of the TBM. 

2. Removing any equipment that is 

found to constitute a safety hazard until 

Ballard corrects the hazardous condition 

and has the correction approved by a 

qualified person. 

3. Ballard must maintain records of all 

tests and inspections of the TBM, as 

well as associated corrective actions and 

repairs, at the job site for the duration 

of the tunneling project and for 90 days 

after the final project report is submitted 

to OSHA. 

H. Compression and Decompression 

Ballard must consult with its 

attending physician concerning the 

need for special compression or 

decompression exposures appropriate 

for CAWs not acclimated to hyperbaric 

exposure. 

I. Recordkeeping 

In addition to completing OSHA Form 

301 Injury and Illness Incident Report 

and OSHA Form 300 Log of WorkRelated Injuries and Illnesses, Ballard 

must maintain records of: 

1. The date, times (e.g., time 

compression started, time spent 

compressing, time performing 

intervention, time spent 

decompressing), and pressure for each 

hyperbaric intervention. 

2. The names of all supervisors and 

DMTs involved for each intervention. 

3. The name of each individual 

worker exposed to hyperbaric pressure 

and the decompression protocols and 

results for each worker. 

4. The total number of interventions 

and the amount of hyperbaric work time 

at each pressure. 

5. The results of the post-intervention 

physical assessment of each CAW for 

signs and symptoms of decompression 

illness, barotrauma, nitrogen narcosis, 

oxygen toxicity or other health effects 

associated with work in compressed air 

for each hyperbaric intervention. 

J. Notifications 

1. To assist OSHA in administering 

the conditions specified herein, Ballard 

must: 

(a) Notify the OTPCA and the OSHA 

Area Office in Long Island, New York at 

www.osha.gov/contactus/byoffice of any 

recordable injury, illness, or fatality (by 

submitting the completed OSHA Form 

301 Injury and Illness Incident 

Report) 17 resulting from exposure of an 

employee to hyperbaric conditions, 

including those that do not require 

recompression treatment (e.g., nitrogen 

narcosis, oxygen toxicity, barotrauma), 

but still meet the recordable injury or 

illness criteria of 29 CFR 1904. The 

notification must be made within 8 

hours of the incident or 8 hours after 

becoming aware of a recordable injury, 

illness, or fatality; a copy of the incident 

investigation (OSHA Form 301 Injuries 

and Illness Incident Report) must be 

submitted to OSHA within 24 hours of 

the incident or 24 hours after becoming 

aware of a recordable injury, illness, or 

fatality. In addition to the information 

required by OSHA Form 301 Injuries 

and Illness Incident Report, the 

incident-investigation report must 

include a root-cause determination, and 

the preventive and corrective actions 

identified and implemented. 

(b) Provide certification to OTPCA 

and the OSHA Area Office in Long 

Island, New York within 15 working 

days of the incident that Ballard 

informed affected workers of the 

incident and the results of the incident 

investigation (including the root-cause 

determination and preventive and 

corrective actions identified and 

implemented). 

(c) Notify the OTPCA and the OSHA 

Area Office in Long Island, New York 

within 15 working days and in writing, 

of any change in the compressed-air 

operations that affects Ballard’s ability 

to comply with the conditions specified 

herein. 

(d) Upon completion of the Bay Park 

Conveyance Tunnel Project, evaluate 

the effectiveness of the decompression 

tables used throughout the project, and 

provide a written report of this 

evaluation to the OTPCA and the OSHA 

Area Office in Long Island, New York. 

Note: The evaluation report must contain 

summaries of: (1) The number, dates, 

durations, and pressures of the hyperbaric 

interventions completed; (2) decompression 

protocols implemented (including 

composition of gas mixtures (air and/or 

oxygen), and the results achieved; (3) the 

total number of interventions and the number 

of hyperbaric incidents (decompression 

illnesses and/or health effects associated 

with hyperbaric interventions as recorded on 

OSHA Form 301 Injuries and Illness Incident 

Report and OSHA Form 300 Log of WorkRelated Injuries and Illnesses, and relevant 

medical diagnoses, and treating physicians’ 

opinions); and (4) root causes of any 

hyperbaric incidents, and preventive and 

corrective actions identified and 

implemented. 

(e) To assist OSHA in administering 

the conditions specified herein, inform 

the OTPCA and the OSHA Area Office 

in Long Island, New York as soon as 

possible, but no later than seven (7) 

days, after it has knowledge that it will: 

(i) Cease doing business; 

(ii) Change the location and address of 

the main office for managing the 

tunneling operations specified herein; 

or 

(iii) Transfer the operations specified 

herein to a successor company. 

(f) Notify all affected employees of 

this permanent variance by the same 

means required to inform them of its 

application for a permanent variance. 

2. This permanent variance cannot be 

transferred to a successor company 

without OSHA approval. 

VIII. 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 29 U.S.C. 

655(d), Secretary of Labor’s Order No. 

8–2020 (85 FR 58393, Sept. 18, 2020), 

and 29 CFR 1905.11. 

Signed at Washington, DC, on January 31, 

2024. 

James S. Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2024–02437 Filed 2–6–24; 8:45 am] 

BILLING CODE 4510–26–P 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES
8452 Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices 

SUMMARY: In this notice, OSHA 

announces the application of Nemko 

North America, Inc. for expansion of the 

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 

February 22, 2024. 

ADDRESSES: Submit comments by any of 

the following methods: 

Electronically: Submit comments and 

attachments electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for making 

electronic submissions. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office. All 

documents in the docket (including this 

Federal Register notice) are listed in the 

http://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. 

Instructions: All submissions must 

include the agency name and the OSHA 

docket number (OSHA–2013–0016). 

OSHA places comments and other 

materials, including any personal 

information, in the public docket 

without revision, and these materials 

will be available online at http://

www.regulations.gov. Therefore, the 

agency cautions commenters about 

submitting statements they do not want 

made available to the public, or 

submitting comments that contain 

personal information (either about 

themselves or others) such as Social 

Security numbers, birth dates, and 

medical data. 

Extension of comment period: Submit 

requests for an extension of the 

comment period on or before February 

22, 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, 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 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 one test standard 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 the scope of recognition. 

Each NRTL’s scope of recognition 

includes: (1) the type of products the 

NRTL may test, with each type specified 

by the applicable test standard; and (2) 

the recognized site(s) that has/have the 

technical capability to perform the 

product-testing and productcertification 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 applications by 

a NRTL for initial recognition and for an 

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 a preliminary 

finding. In the second notice, the agency 

provides a 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 http://www.osha.gov/ 

dts/otpca/nrtl/index.html. 

NNA currently has two facilities 

(sites) recognized by OSHA for product 

testing and certification, with the 

headquarters located at: Nemko North 

America, Inc., 303 River Road, Ottawa, 

Ontario K1V 1H2 Canada. A complete 

list of NNA’s scope of recognition is 

available at https://www.osha.gov/ 

nationally-recognized-testinglaboratory-program/ccl. 

II. General Background on the 

Application 

NNA submitted an application on 

September 20, 2023 (OSHA–2013– 

0016–0022), to expand the 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. 

Table 1, below, lists the appropriate 

test standard found in NNA’s 

application for expansion for testing and 

certification of products under the 

NRTL Program. 

TABLE 1—PROPOSED APPROPRIATE

TEST STANDARD FOR INCLUSION IN

NNA’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title 

UL 508A ......... Industrial Control Panels. 

III. Preliminary Findings on the 

Application 

NNA submitted an acceptable 

application for expansion of the scope 

of recognition. OSHA’s review of the 

application file, and pertinent 

documentation, indicates that NNA has 

met the requirements prescribed by 29 

CFR 1910.7 for expanding the 

recognition to include the addition of 

the one test standard for NRTL testing 

and certification listed in Table 1. This 

preliminary finding does not constitute 

an interim or temporary approval of 

NNA’s application. 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices 8453 

1 88 FR 37486 (June 8, 2023). 2 88 FR 72013 (Oct. 19, 2023). 

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, 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 February 1, 

2024. 

James S. Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2024–02440 Filed 2–6–24; 8:45 am] 

BILLING CODE 4510–26–P 

LIBRARY OF CONGRESS 

Copyright Office 

[Docket No. 2023–5] 

Exemptions To Permit Circumvention 

of Access Controls on Copyrighted 

Works: Notice of Public Hearings 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of public hearings. 

SUMMARY: The United States Copyright 

Office will hold public hearings as part 

of the ninth triennial rulemaking 

proceeding under the Digital 

Millennium Copyright Act (‘‘DMCA’’) 

concerning proposed exemptions to the 

DMCA’s prohibition against 

circumvention of technological 

measures that control access to 

copyrighted works. Parties interested in 

testifying at the hearings are invited to 

submit requests to testify pursuant to 

the instructions set forth below. 

DATES: Public hearings will be 

scheduled for the week of April 15–19, 

2024. Requests to testify must be 

received no later than 11:59 p.m. 

Eastern time on March 1, 2024. The 

Office will prepare a schedule based on 

the number and nature of requests to 

testify. Once the schedule of hearing 

witnesses is finalized, the Office will 

notify all participants and post the 

times, dates, and agenda of the hearings 

at https://www.copyright.gov/1201/ 

2024/. 

ADDRESSES: The Office will conduct the 

hearings remotely using the Zoom 

videoconferencing platform. Requests to 

testify should be submitted through the 

request form available at http://

www.copyright.gov/1201/2024/hearingrequest.html. 

FOR FURTHER INFORMATION CONTACT: 

Rhea Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov or by telephone at (202) 

707–8350. 

SUPPLEMENTARY INFORMATION: On June 8, 

2023, the Copyright Office (‘‘Office’’) 

published a notice of inquiry in the 

Federal Register to initiate the ninth 

triennial rulemaking proceeding under 

17 U.S.C. 1201(a)(1), which provides 

that the Librarian of Congress, upon 

recommendation of the Register of 

Copyrights, may exempt certain classes 

of copyrighted works from the 

prohibition against circumventing a 

technological measure that controls 

access to a copyrighted work.1 On 

October 19, 2023, the Office published 

a notice of proposed rulemaking setting 

forth proposed exemptions for seven 

new or expanded classes of works and 

requesting written comments.2 The 

responsive comments received thus far 

are posted on the Office’s website. See 

https://www.copyright.gov/1201/2024/. 

At this time, the Office is announcing 

public hearings to be held via Zoom to 

further consider the proposed 

exemptions. Each hearing will pertain to 

a proposed exemption and will feature 

a panel of witnesses. Hearings will be 

live-streamed, recorded, transcribed, 

and posted to the Office’s website. 

Those who wish to speak on a panel 

should submit a request to testify by 

following the procedure detailed below. 

If the Office does not receive any 

requests to testify regarding a particular 

class, it will not host a hearing for that 

proposed exemption. If the Office 

receives requests to testify but 

determines a hearing is not necessary, it 

will contact requesters. 

A. Submitting Requests To Testify 

A request to testify should be 

submitted to the Office using the form 

on the Office’s website indicated in the 

ADDRESSES section above. Anyone 

wishing to testify with respect to more 

than one proposed class must submit a 

separate form for each request. To the 

extent feasible, the Office requests that 

organizations submit only one panelist 

request per proposed class and 

encourages parties with similar interests 

to select a common representative to 

testify on their behalf. If multiple 

persons from the same organization 

wish to testify regarding the same 

proposed exemption, each should 

submit a separate request, and explain 

in their submission the need for 

multiple witnesses. For parties 

represented by law school clinics, the 

Office will attempt to accommodate 

requests to allow students to participate 

under the supervision of a faculty 

member. 

Depending on the number and nature 

of the requests, and in light of the 

limited time available, the Office may 

not be able to accommodate all requests 

to testify. The Office will give 

preference to those who have submitted 

substantive comments in support of or 

in opposition to a proposal. 

All requests to testify must clearly 

identify: 

• The name of the person seeking to 

serve as a witness; 

• The organization or organizations 

represented, if any; 

• Contact information; 

• The proposed class about which the 

person seeks to testify; 


khammond on DSKJM1Z7X2PROD with NOTICES