[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22523-22525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10331]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0041]
FM Approvals LLC: Application for Expansion of Recognition and
Proposed Modification to the NRTL Program's List of Appropriate Test
Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of FM
Approvals, LLC, for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant the application. Additionally, OSHA
proposes to add four test standards to the NRTL Program's List of
Appropriate Test Standards.
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 May 30, 2018.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0041,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., E.T.
Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2007-0041) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. 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 at the
OSHA Docket Office. You may also contact Kevin Robinson at the address
below to obtain a copy of the ICR.
Extension of comment period: Submit requests for an extension of
the comment period on or before May 30, 2018 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-3655, 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, telephone: (202) 693-1999 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, telephone: (202) 693-2110 or email:
robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that FM Approvals, LLC, (FM), is applying
for expansion of its current recognition as a NRTL. FM requests the
addition of 28 test standards to its 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 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 its preliminary finding. 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,
including FM, 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.
FM currently has two facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at: FM
Approvals, LLC, 1151
Boston-Providence Turnpike, Norwood, Massachusetts 02062. A complete
list of FM's scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/fm.html.
II. General Background on the Application
FM submitted an application, dated July 15, 2016 (OSHA-2007-0041-
0008), to expand its recognition to include 28 additional test
standards. 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. In reviewing the
application, OSHA determined that three of the requested standards had
been withdrawn by a standards development organization; therefore, OSHA
is not proposing to add those three standards to FM's NRTL scope of
recognition.\1\
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\1\ OSHA is simultaneously publishing a Federal Register notice
that will remove those three standards from the NRTL List of
Appropriate Standards.
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Table 1 lists the appropriate test standards found in FM's
application for expansion for testing and certification of products
under the NRTL Program.
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
FM's NRTL Scope of Recognition
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Test standard Test standard title
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UL 50........................... Enclosures for Electrical Equipment,
Non-Environmental Considerations.
UL 50E.......................... Enclosures for Electrical Equipment,
Environmental Considerations.
UL 60079-0...................... Explosive Atmospheres--Part 0:
Equipment--General Requirements.
ISA 60079-0..................... Explosive Atmospheres--Part 0:
Equipment--General Requirements.
UL 60079-1...................... Standard for Explosive Atmospheres--
Part 1: Equipment Protection by
Flameproof Enclosures ``d''.
ISA 60079-1..................... Standard for Explosive Atmospheres--
Part 1: Equipment Protection by
Flameproof Enclosures ``d''.
UL 60079-2...................... Standard for Explosive Atmospheres--
Part 2: Equipment Protection by
Pressurized Enclosures ``p''.
UL 60079-5...................... Standard for Explosive Atmospheres--
Part 5: Equipment Protection by
Powder Filling ``q''.
UL 60079-6...................... Standard for Explosive Atmosphere--
Part 6: Equipment Protection Liquid
Immersion ``o''.
ISA 60079-6..................... Standard for Explosive Atmosphere--
Part 6: Equipment Protection Liquid
Immersion ``o''.
UL 60079-7...................... Standard for Explosive Atmospheres--
Part 7: Equipment Protection by
Increased Safety ``e''.
ISA 60079-7..................... Standard for Explosive Atmospheres--
Part 7: Equipment Protection by
Increased Safety ``e''.
UL 60079-11..................... Standard for Explosive Atmospheres--
Part 11: Equipment Protection by
Intrinsic Safety ``i''.
ISA 60079-11.................... Standard for Explosive Atmospheres--
Part 11: Equipment Protection by
Intrinsic Safety ``i''.
UL 60079-15..................... Standard for Explosive Atmospheres--
Part 15: Equipment Protection by Type
of Protection ``n''.
ISA 60079-15.................... Standard for Explosive Atmospheres--
Part 15: Equipment Protection by Type
of Protection ``n''.
UL 60079-18..................... Standard for Explosive Atmospheres--
Part 18: Equipment Protection by
Encapsulation ``m''.
UL 60079-25..................... Standard for Explosive Atmospheres--
Part 25: Intrinsically Safe
Electrical Systems.
ISA 60079-25*................... Standard for Explosive Atmospheres--
Part 25: Intrinsically Safe
Electrical Systems.
UL 60079-26*.................... Standard for Explosive Atmospheres--
Part 26: Equipment with Equipment
Protection Level (EPL) Ga.
ISA 60079-26.................... Standard for Explosive Atmospheres--
Part 26: Equipment with Equipment
Protection Level (EPL) Ga.
UL 60079-28*.................... Standard for Explosive Atmospheres--
Part 28: Protection of Equipment and
Transmission Systems Using Optical
Radiation.
ISA 60079-28.................... Standard for Explosive Atmospheres--
Part 28: Protection of Equipment and
Transmission Systems Using Optical
Radiation, Edition 1.1.
UL 60079-31*.................... Standard for Explosive Atmospheres--
Part 31: Equipment Dust Ignition
Protection by Enclosure ``t''.
ISA 60079-31.................... Standard for Explosive Atmospheres--
Part 31: Equipment Dust Ignition
Protection by Enclosure ``t''.
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* Represents the standard that OSHA proposes to add to the NRTL
Program's List of Appropriate Test Standards.
III. Proposal To Add New Test Standard to the NRTL Program's List of
Appropriate Test Standards
Periodically, OSHA will propose to add new test standards to the
NRTL List of Appropriate Test Standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
Agency evaluates the document to (1) verify it represents a product
category for which OSHA requires certification by a NRTL, (2) verify
the document represents an end product and not a component, and (3)
verify the document defines safety test specifications (not
installation or operational performance specifications).
In this notice, OSHA proposes to add four new test standards to the
NRTL Program's List of Appropriate Test Standards. Table 2, lists the
test standards that are new to the NRTL Program. OSHA preliminarily
determined that these test standards are appropriate test standards and
proposes to include them in the NRTL Program's List of Appropriate Test
Standards. OSHA seeks public comment on this preliminary determination.
Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
List of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
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ISA 60079-25.................... Standard for 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 60079-26..................... Standard for Explosive Atmospheres--
Part 26: Equipment with Equipment
Protection Level (EPL) Ga.
UL 60079-31..................... Standard for Explosive Atmospheres--
Part 31: Equipment Dust Ignition
Protection Enclosure ``t''.
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IV. Preliminary Findings on the Application
FM submitted an acceptable application for expansion of its scope
of recognition. OSHA's review of the application file, and pertinent
documentation, indicate that FM can meet the requirements prescribed by
29 CFR 1910.7 for expanding its recognition to include the addition of
these 25 test standards for NRTL testing and certification listed
above, including 4 standards that will be added to OSHA's list of
Appropriate Test Standards. This preliminary finding does not
constitute an interim or temporary approval of FM's application.
OSHA welcomes public comment as to whether FM meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-3653, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2007-0041.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding the application for
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 its final decision in the
Federal Register.
IV. Authority and Signature
Loren Sweatt, 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. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on May 9, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-10331 Filed 5-14-18; 8:45 am]
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