[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24898-24900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09800]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0041]
FM Approvals LLC: Grant of Expansion of Recognition and
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 final decision to expand
the scope of recognition for FM Approvals LLC for expansion of
recognition as a Nationally Recognized Testing Laboratory (NRTL).
Additionally, OSHA announces the final decision to modify the NRTL
Program's List of Appropriate Test Standards to include one additional
test standard.
DATES: The expansion of the scope of recognition become effective on
May 10, 2021.
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, 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, U.S. Department of Labor, phone:
(202) 693-2110 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 FM Approvals LLC (FM) as a NRTL. This expansion covers
the addition of five test standards to FM's NRTL scope
of recognition, one of which will be added to the NRTL Program's List
of Appropriate Test Standards.
OSHA recognition of a 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 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 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 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 submitted an application to OSHA to expand recognition as a NRTL
to include five additional test standards on May 16, 2019 (OSHA-2007-
0041-0014). 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 FM's expansion
application in the Federal Register on February 26, 2021 (86 FR 11794).
The agency requested comments by March 15, 2021, but it received no
comments in response to this notice. OSHA is now proceeding with this
final notice to grant expansion of FM's scope of recognition.
To obtain or review copies of all public documents pertaining to
FM's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor; (202) 693-2350. Docket No. OSHA-2007-0041 contains all
materials in the record concerning FM's recognition. Please note: While
OSHA's Docket Office is continuing to accept and process submissions by
regular mail, due to the COVD-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket by
hand, express mail, messenger, and courier service.
II. Final Decision and Order
OSHA staff examined FM's expansion application, their capability to
meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that FM
meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitations and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant FM's
scope of recognition. OSHA limits the expansion of FM's recognition to
testing and certification of products for demonstration of conformance
to the test standards listed in Table 1 below.
Table 1--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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* ANSI FM 3265...................................... Spark Detection and Extinguishing Systems.
UL 268.............................................. Smoke Detectors for Fire Alarm Systems.
UL 1971............................................. Signaling Devices for the Hearing Impaired.
UL 2127............................................. Inert Gas Clean Agent Extinguishing System Units.
UL 2166............................................. Halocarbon Clean Agent Extinguishing System Units.
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* Represents the standard that OSHA is adding to the NRTL Program's List of Appropriate Test Standards.
In this notice, OSHA also announces the addition of a new test
standard to the NRTL Program's List of Appropriate Test Standards.
Table 2 below lists the standard that is new to the NRTL Program. OSHA
has determined that this test standard is an appropriate test standard
and will add it to the NRTL Program's List of Appropriate Test
Standards.
Table 2--Standard OSHA Is Proposing To Add to the NRTL Program's List of Appropriate Test Standards
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Test standard Test standard title
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ANSI FM 3265........................................ Spark Detection and Extinguishing Systems.
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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.
The American National Standards Institute (ANSI) may approve the
test standard listed above as an American National Standard. 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,
FM must abide by the following conditions of the recognition:
1. FM 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. FM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. FM must continue to meet the requirements for recognition,
including all previously published conditions on FM'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 FM, subject to the limitations and conditions
specified above. OSHA also adds one standard to the NRTL Program's List
of Appropriate Test Standards.
III. Authority and Signature
James S. Frederick, Acting 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. 8-2020 (85 FR 58393, September 18, 2020)
and 29 CFR 1910.7.
Signed at Washington, DC, on May 4, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-09800 Filed 5-7-21; 8:45 am]
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