[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88972-88974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28338]
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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, as a Nationally
Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the
final decision to add fourteen test standards to the NRTL Program's
list of appropriate test standards.
DATES: The expansion of the scope of recognition becomes effective on
December 26, 2023.
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; telephone:
(202) 693-1911; email: robinson.kevin@dol.gov. OSHA's web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html
).
SUPPLEMENTARY INFORMATION:
I. Notice of the Applications for Expansion
OSHA hereby gives notice of the expansion of the scope of
recognition for FM Approvals LLC (FM). FM's expansion covers 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, as well as for an expansion or renewal of 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 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 that 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 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.
OSHA published the preliminary notice announcing FM's expansion
applications in the Federal Register on November 21, 2023 (88 FR
81105). The agency requested comments by December 6, 2023, but it
received no comments in response to this notice. OSHA is now proceeding
with this final notice to grant expansion of FM's NRTL scope of
recognition.
To review copies of all public documents pertaining to FM's
expansion applications, go to https://www.regulations.gov or contact
the Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor at (202) 693-2350. Docket No. OSHA-20007-0041
contains all materials in the record concerning FM's recognition. 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 FM's expansion applications, 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 shown below in table 1.
Table 1--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).
* FM 1370......................... 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
In this notice, OSHA also announces the final decision to add
fourteen new test standards to the NRTL Program's List of Appropriate
Test Standards. Table 2 below lists the standards that are new to the
NRTL Program. OSHA has determined that these test standards are
appropriate test standards and will add them to the NRTL Program's List
of Appropriate Test Standards.
Table 2--Standards OSHA Is Adding 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.
------------------------------------------------------------------------
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 standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-
004, Chapter 2, Section VIII), only standards determined to be
appropriate test standards may be approved for NRTL recognition. 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 fourteen standards to the NRTL
Program's List of Appropriate Test Standards.
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.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-28338 Filed 12-22-23; 8:45 am]
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