[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85245-85246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24787]


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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 
October 25, 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: 
<a href="/cdn-cgi/l/email-protection#6a070f030603040d0f18440c180b04090319582a0e0506440d051c"><span class="__cf_email__" data-cfemail="107d75797c797e7775623e7662717e7379632250747f7c3e777f66">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#5a283538333429353474313f2c33341a3e3536743d352c"><span class="__cf_email__" data-cfemail="e5978a878c8b968a8bcb8e80938c8ba5818a89cb828a93">[email protected]</span></a>.

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 one test standard and one testing site 
to the NRTL scope of recognition.
    OSHA's 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 two applications to OSHA for expansion of the NRTL 
scope of recognition. The first application, dated September 1, 2023 
(OSHA-2013-0016-0029), requested the expansion of the NRTL scope of 
recognition to include one additional test standard. The second 
application, dated November 27, 2023 (OSHA-2013-0016-0030), requested 
the expansion of the NRTL scope of recognition to include an additional 
recognized testing site located at: 5F, No. 413, Sec. 2, Tiding Blvd., 
Nei Hu Dist. 11493 Taipei City, Taiwan, R.O.C. OSHA staff performed an 
on-site review of NNA's testing facilities at NNA Taipei on March 4-5, 
2024, in which assessors found some nonconformances with the 
requirements of 29 CFR 1910.7. NNA has addressed these issues 
sufficiently, and OSHA staff preliminarily determined that OSHA should 
grant the applications.
    OSHA published the preliminary notice announcing NNA's expansion 
applications in the Federal Register on September 12, 2024 (89 FR 
74296). The agency requested comments by September 27, 2024, but it 
received no comments in response to this notice. OSHA is now proceeding 
with this final decision to grant the expansion of 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 applications, 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 recognition. OSHA limits the expansion of NNA's 
recognition to the additional testing site in Taipei City, Taiwan, and 
the additional test standard listed below in Table 1.

 Table 1--Appropriate Test Standard for Inclusion in NNA's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
          Test standard                     Test standard title
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UL 2054..........................  Household and Commercial Batteries.
------------------------------------------------------------------------

    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.

[[Page 85246]]

    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

    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 one additional test 
standard and an additional testing site in Taipei City, Taiwan, 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, 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 October 18, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-24787 Filed 10-24-24; 8:45 am]
BILLING CODE 4510-26-P


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