[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81105-81107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25683]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0041]
FM Approvals LLC: Applications 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 applications of FM
Approvals LLC for expansion of recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the agency's preliminary finding
to grant the applications. Additionally, OSHA proposes to add fourteen
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 December 6, 2023.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2007-0043). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. 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 through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before December 6, 2023 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-3653, 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, U.S. Department of Labor by 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, U.S. Department of Labor by phone:
(202) 693-1911 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of the Applications for Expansion
OSHA is providing notice that FM Approvals LLC (FM) is applying for
an expansion of current recognition as a NRTL. FM requests the addition
of fourteen test standards 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 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 https://www.osha.gov/
nationally-recognized-testing-laboratory-program.
FM currently has two facilities (sites) recognized by OSHA for
product testing and certification, with the 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/nationally-recognized-testing-laboratory-program.
II. General Background on the Applications
FM submitted two applications to OSHA to expand recognition as a
NRTL. The first application was submitted on September 20, 2019 (OSHA-
2007-0041-0021), to include ten test standards. The second application
requesting the addition of six standards was submitted on May 3, 2021,
(OSHA-2007-0041-0022). The first application was amended on September
21, 2022 (OSHA-2007-0041-0023), to remove two standards from the
original submission. The expansion covered in this notice includes the
remaining fourteen standards across both applications. OSHA staff
performed a detailed analysis of the application packets and reviewed
other pertinent information. OSHA did not perform any on-site reviews
in relation to these applications.
Table 1 lists the appropriate test standards found in FM's
applications 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
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
*FM 1311.................................. Centrifugal Fire Pumps Split-
Case Type (Axial or
Radial).
*FM 1312.................................. Centrifugal Fire Pumps
(Vertical Shaft, Turbine
Type).
*FM 1313.................................. Positive Displacement Fire
Pumps (Rotary Gear Type).
*FM 1319.................................. Centrifugal Fire Pumps
(Horizontal, End Suction
Type).
*FM1370................................... Centrifugal Fire Pumps
(Vertical Shaft, Turbine
Type, Barrel).
*FM 1371.................................. Centrifugal Fire Pumps (In-
Line Type).
*FM 3132.................................. Pressure Actuated Waterflow
Switches.
*FM 3150.................................. Audible Notification
Appliances for Automatic
Fire Alarm Signaling.
*FM 3155.................................. Public Mode Visible
Signaling Appliances for
Automatic Fire Alarm
Signaling.
*FM 3230.................................. Smoke Actuated Detectors for
Automatic Fire Alarm
Signaling.
*FM 3232.................................. Video Image Fire Detectors
for Automatic Fire Alarm
Signaling.
*FM 5320.................................. Dry Chemical Extinguishing
Systems.
*FM 5420.................................. Carbon Dioxide Extinguishing
Systems.
*FM 5600.................................. Clean Agent Extinguishing
Systems.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
Program's List of Appropriate Test Standards.
III. Proposal To Add New Test Standards 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 a product and not a component, and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become aware
of new test standards by: (1) monitoring notifications issued by
certain Standards Development Organizations; (2) reviewing applications
by NRTLs or applicants seeking recognition to include new test standard
in their scopes of recognition; and (3) obtaining notification from
manufacturers, manufacturing organizations, government agencies, or
other parties. OSHA may determine to include a new test standard in the
list, for example, if the test standard is for a particular type of
product that another test standard also covers, or it covers a type of
product that no standard previously covered.
In this notice, OSHA proposes to add fourteen new test standards to
the NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standards that are new to the NRTL Program. OSHA
preliminarily determined that these test standards are appropriate 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--Standards OSHA Is Proposing to Add to the NRTL Program's List
of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
FM 1311................................... Centrifugal Fire Pumps Split-
Case Type (Axial or
Radial).
FM 1312................................... Centrifugal Fire Pumps
(Vertical Shaft, Turbine
Type).
FM 1313................................... Positive Displacement Fire
Pumps (Rotary Gear Type).
FM 1319................................... Centrifugal Fire Pumps
(Horizontal, End Suction
Type).
FM1370.................................... Centrifugal Fire Pumps
(Vertical Shaft, Turbine
Type, Barrel).
FM 1371................................... Centrifugal Fire Pumps (In-
Line Type).
FM 3132................................... Pressure Actuated Waterflow
Switches.
FM 3150................................... Audible Notification
Appliances for Automatic
Fire Alarm Signaling.
FM 3155................................... Public Mode Visible
Signaling Appliances for
Automatic Fire Alarm
Signaling.
FM 3230................................... Smoke Actuated Detectors for
Automatic Fire Alarm
Signaling.
FM 3232................................... Video Image Fire Detectors
for Automatic Fire Alarm
Signaling.
FM 5320................................... Dry Chemical Extinguishing
Systems.
FM 5420................................... Carbon Dioxide Extinguishing
Systems.
FM 5600................................... Clean Agent Extinguishing
Systems.
------------------------------------------------------------------------
IV. Preliminary Findings on the Applications
FM submitted acceptable applications for expansion of the scope of
recognition. OSHA's review of the application files, and pertinent
documentation, indicate that FM can meet the requirements prescribed by
29 CFR 1910.7 for expanding the recognition to include the addition of
these fourteen test standards for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of FM's application.
V. Public Participation
OSHA welcomes public comment as to whether FM meets the
requirements of 29 CFR 1910.7 for expansion of 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 by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0043 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant FM's
applications for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the applications. 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 the final decision in the
Federal Register.
VI. 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.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-25683 Filed 11-20-23; 8:45 am]
BILLING CODE 4510-26-P
