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AGENCY:
Occupational Safety and Health Administration (OSHA), Labor.
ACTION:
Notice.
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: 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 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 |
|---|---|
| UL 2054 | Household and Commercial Batteries. |