[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51154-51155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17879]
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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
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, as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of recognition becomes effective on
August 19, 2022.
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
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, U.S. Department of Labor; telephone
(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. FM's expansion covers
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 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 the 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 dated November 3, 2021 (OSHA-2007-0041-
0018), to expand their recognition to include one additional test
standard. The standard requested in the expansion application is a
replacement standard for ISA 12.12.01, which is currently included in
FM's NRTL Scope of Recognition. OSHA staff performed 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 June 17, 2022 (87 FR 36542). The
agency requested comments by July 5, 2022, but it received no comments
in response to this notice. OSHA is now proceeding with this final
grant of expansion of FM's NRTL recognition.
To obtain or review copies of all public documents pertaining to
the FM's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2007-0041 contains all materials
in the record concerning FM's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at (202) 693-2350.
II. Final Decision and Order
OSHA staff examined FM's expansion application, its capability to
meet the requirements of the test standard, 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 in this
notice. OSHA, therefore, is proceeding with this final notice to grant
FM's expanded scope of recognition. OSHA limits the expansion of FM's
recognition to testing and certification of products for demonstration
of conformance to the test standard listed below in Table 1.
Table 1--List of Appropriate Test Standard for Inclusion in FM's NRTL
Scope of Recognition
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Test standard Test standard title
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UL 121201......................... Nonincendive Electrical Equipment
for Use in Class I and Class II,
Division 2 and Class III, Divisions
1 and 2 Hazardous (Classified)
Locations.
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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.
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. 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 as a NRTL, 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 August 5, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-17879 Filed 8-18-22; 8:45 am]
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