[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Notices]
[Pages 22605-22607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11245]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-93]


Factory Mutual Research Corporation; Application for Renewal of 
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the application of Factory Mutual 
Research Corporation for renewal of its recognition as a Nationally 
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents 
the Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of this application.

DATES: Comments submitted by interested parties, or any request for 
extension of the time to comment, must be received no later than May 
18, 2001.

ADDRESSES: Submit written comments concerning this notice to: Docket 
Office, Docket NRTL-3-93, U.S. Department of Labor, Occupational Safety 
and Health Administration, Room N2625, 200 Constitution Avenue, N.W., 
Washington, DC 20210; telephone: (202) 693-2350. Commenters may 
transmit written comments of 10 pages or less in length by facsimile to 
(202) 693-1648. Submit request for extension of the comment period for 
this notice to: Office of Technical Programs and Coordination 
Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
above address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that Factory Mutual Research Corporation (FMRC) has 
applied for renewal of its current recognition as a Nationally 
Recognized Testing Laboratory (NRTL). FMRC requests renewal for its 
existing scope of recognition. However, this scope will be modified, as 
explained later in this notice.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in Section 1910.7 of Title 29, Code of Federal 
Regulations (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, OSHA can accept products ``properly certified'' by the 
NRTL. OSHA processes applications related to an NRTL's recognition 
following requirements in Appendix A to 29 CFR 1910.7. This appendix 
requires that the Agency publish this public notice of the preliminary 
finding on an application.
    FMRC's scope of recognition appears in OSHA's informational web 
page for the NRTL (http://www.osha-slc.gov/dts/otpca/nrtl/fmrc.html). 
OSHA maintains such a page for each NRTL. In general, OSHA grants an 
NRTL's scope of recognition in Federal Register notices. Following 
requirements in 29 CFR 1910.7, the Agency must publish two such notices 
in processing applications for an NRTL's initial recognition, and for 
expansions or renewal of this recognition. In the first notice, OSHA 
announces the application and provides its preliminary finding and, in 
the second notice, the Agency provides its final decision on an 
application. In the case of FMRC, and as further explained below, OSHA 
has renewed the NRTL's recognition once before, which the Agency 
announced on March 29, 1995 (60 FR 16167) and granted on August 16, 
1995 (60 FR 42590). Following renewal, OSHA granted one expansion to 
FMRC, which the Agency announced on April 16, 1999 (64 FR 18939) and 
granted on August 13,1999 (64 FR 44240). The expansion covered a 
recognition of additional test standards.
    The current addresses of the testing facilities (sites) that OSHA 
recognizes for FMRC are: Factory Mutual Research Corporation, 1151 
Boston-Providence Turnpike, Norwood, Massachusetts 02062; and Factory 
Mutual Research Corporation, 743 Reynolds Road, West Gloucester, Rhode 
Island 02814.

General Background on the Applicant and the Application

    When OSHA published its regulations for the NRTL Program at 29 CFR 
1910.7, it temporarily recognized FMRC as a nationally recognized 
testing laboratory for a five year period from June 13, 1988, through 
June 13, 1993 (see Appendix A to 1910.7). In Appendix A, OSHA also 
required that FMRC apply for renewal of its OSHA recognition at the end 
of this temporary period. FMRC did apply for the renewal, which OSHA 
announced in March 1995, as noted above. In its renewal application, 
FMRC stated that it began testing products in 1886 and that its first 
published listings of approved fire hose appeared in 1907. The Agency 
granted FMRC's renewal for a period of five years ending on August 16, 
2000.
    Appendix A to 29 CFR 1910.7 stipulates that the period of 
recognition of an NRTL is five years and that an NRTL may renew its 
recognition by applying not less than nine months, nor more than one 
year, before the expiration date of its current recognition. FMRC has 
submitted a request, dated November 9, 1999 (see Exhibit 11), to renew 
its recognition, within the time allotted, and retains its recognition 
pending OSHA's final decision in this renewal process.
    FMRC's existing scope of recognition consists of the facilities 
listed above, and the test standards and supplemental programs, listed 
below.

Test Standards

    FMRC seeks renewal of its recognition for testing and certification 
of products to demonstrate compliance to the following 73 test 
standards, all of which OSHA has determined are appropriate within the 
meaning of 29 CFR 1910.7(c). Some of the test standards for which OSHA 
currently recognizes FMRC were no longer appropriate at the time of 
preparation of this preliminary notice, primarily because they have 
been withdrawn by the standards developing organization. OSHA has 
excluded these test standards in the listing below. However, under OSHA 
policy, the NRTL may request recognition for comparable standards. 
Since a number of NRTLs are affected by such withdrawn standards, OSHA 
will publish a separate notice to make the appropriate substitutions 
for FMRC and other NRTLs that were recognized for these standards. The 
Agency has contacted these NRTLs regarding this matter.
    OSHA's recognition of FMRC or any NRTL for a particular test 
standard is limited to equipment or materials (i.e., products) for 
which OSHA standards require third party testing and certification 
before use in the workplace. As a result, OSHA's recognition of an NRTL 
for a test

[[Page 22606]]

standard excludes any product(s), falling within the scope of the test 
standard, for which OSHA has no such requirements.

ANSI ICS 2  Industrial Control Devices, Controllers and Assemblies
ANSI S12.12  Electrical Equipment for Use in Class I, Division 2, 
Hazardous (Classified) Locations
ANSI S12.15  Hydrogen Sulfide Detection Instruments
ANSI S82.02.01  Electric and Electronic Test, Measuring, Controlling, 
and Related Equipment: General Requirements
ANSI S82.02.02  Electrical Equipment for Measurement, Control, and 
Laboratory Use
ANSI Z8.1  Commercial Laundry and Drycleaning Equipment and Operations
UL 8  Foam Fire Extinguishers
ANSI11   Low Expansion Foam and Combined Agent Systems
ANSI 11A  Medium-and High-Expansion Foam Systems
ANSI 12  Carbon Dioxide Extinguishing Systems
ANSI 12A  Halon 1301 Fire Extinguishing Agent Systems
ANSI 13  Installation of Sprinkler Systems
ANSI 16  Deluge Foam-Water Sprinkler and Spray Systems
ANSI 17  Dry Chemical Extinguishing Systems
ANSI 20  Centrifugal Fire Pumps
UL 38  Manually Actuated Signaling Boxes for Use With Fire-Protective 
Signaling Systems
ANSI 72  Installation, Maintenance, and Use of Protective Signaling 
Systems
UL 154  Carbon-Dioxide Fire Extinguishers
UL 162  Foam Equipment and Liquid Concentrates
ANSI 250  Enclosures for Electrical Equipment
UL 299  Dry Chemical Fire Extinguishers
UL 346  Waterflow Indicators for Fire Protective Signaling Systems
UL 347  High-Voltage Industrial Control Equipment
UL 508  Electric Industrial Control Equipment
UL 558  Industrial Trucks, Internal Combustion Engine-Powered
UL 583  Electric-Battery-Powered Industrial Trucks
UL 626  2\1/2\ Gallon Stored-Pressure, Water-Type Fire Extinguishers
UL 664  Commercial (Class IV) Electric Dry-Cleaning Machines
UL 674  Electric Motors and Generators for Use in Hazardous 
(Classified) Locations
UL 698  Industrial Control Equipment for Use in Hazardous (Classified) 
Locations
UL 711  Rating and Fire Testing of Fire Extinguishers
UL 753  Alarms Accessories for Automatic Water-Supply Control Valves
UL 781  Portable Electric Lighting Units for Use in Hazardous 
(Classified) Locations
UL 823  Electric Heaters for Use in Hazardous (Classified) Locations
UL 827  Central-Stations for Watchmen, Fire-Alarm, and Supervisory 
Services
UL 844  Electric Lighting Fixtures for Use in Hazardous (Classified) 
Locations
UL 863  Time-Indicating and -Recording Appliances
UL 864  Control Units for Fire-Protective Signaling Systems
UL 877  Circuit Breakers and Circuit-Breaker Enclosure for Use in 
Hazardous (Classified) Locations
UL 886  Electrical Outlet Boxes and Fittings for Use in Hazardous 
(Classified) Locations
UL 894  Switches for Use in Hazardous (Classified) Locations
UL 913  Intrinsically Safe Apparatus and Associated Apparatus for Use 
In Class I, II, and III, Division I, Hazardous (Classified) Locations
UL 1002  Electrically Operated Valve for Use in Hazardous (Classified) 
Locations
UL 1058  Halogen Agent Extinguishing System Units
UL 1093  Halogenated Agent Fire Extinguishers
FMRC 1110  Indicator Posts
UL 1203  Explosion-Proof and Dust-Ignition-Proof Electrical Equipment 
for Use in Hazardous (Classified) Locations
UL 1206  Electrical Commercial Clothes-Washing Equipment
UL 1207  Sewage Pumps for Use in Hazardous (Classified) Locations
FMRC 1221  Backflow Preventers
UL 1236  Battery Chargers for Charging Engine-Starter Batteries
UL 1240  Electric Commercial Clothes-Drying Equipment
UL 1254  Pre-Engineered Dry Chemical Extinguishing System Units
UL 1262  Laboratory Equipment
FMRC 1321  Controllers for Electric Motor Driven Fire Pumps
FMRC 1333  Diesel Engine Fire Pump Drivers
FMRC 1635  Plastic Pipe and Fittings for Automatic Sprinkler Systems
UL 1950  Information Technology Equipment Including Electrical Business 
Equipment
FMRC 2000  Automatic Sprinklers for Fire Protection
FMRC 2008  Early Suppression-Fast Response (ESFR) Automatic Sprinklers
FMRC 3260  Flame Radiation Detectors for Automatic Fire Alarm Signaling
FMRC 3600  Electrical Equipment for Use in Hazardous (Classified) 
Locations, General Requirements
FMRC 3610  Intrinsically Safe Apparatus and Associated Apparatus for 
Use in Class I, I and III, Division 1 Hazardous (Classified) Locations
FMRC 3611  Electrical Equipment for Use in Class I, Division 2; Class 
II, Division 2; and Class III, Division 1 and 2 Hazardous Locations
FMRC 3615  Explosion proof Electrical Equipment, General Requirements
FMRC 3620  Purged and Pressurized Electrical Equipment for Hazardous 
(Classified) Locations
FMRC 3810  Electrical and Electronic Test, Measuring, and Process 
Control Equipment
FMRC 3990  Less or nonflammable Liquid-Insulated Transformers
FMRC 6051  Safety Containers and Filing, Supply and Disposal Containers
FMRC 6310  Combustible Gas Detectors
FMRC 7812  Industrial Trucks--LP-Gas
FMRC 7816  Industrial Trucks--LP-Gas Dual Fuel
FMRC 7820  Industrial Trucks--Electric

    Note: Testing and certification of gas operated equipment is 
limited to equipment for use with ``liquefied petroleum gas'' 
(``LPG'' or ``LP-Gas'').

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    Many of the test standards listed above are approved as American 
National Standards by the American National Standards Institute (ANSI). 
However, for convenience in compiling the list, we show the designation 
of the standards developing organization (e.g., UL 1950) for the 
standard, as opposed to the ANSI designation (e.g., ANSI/UL 1950). 
Under our procedures, an NRTL recognized for an ANSI-approved test 
standard may use either the latest proprietary version of the test 
standard or the latest ANSI version of that standard, regardless of 
whether it is currently recognized for the proprietary or ANSI version. 
Contact ANSI or the ANSI web site to find out whether or not a standard 
is currently ANSI-approved.

Programs and Procedures

    FMRC's renewal also covers use of the supplemental programs listed 
below, based upon the criteria detailed in the March 9, 1995 Federal 
Register notice

[[Page 22607]]

(60 FR 12980, 3/9/95). This notice lists nine (9) programs and 
procedures (collectively, programs), eight of which (called 
supplemental programs) an NRTL may use to rely on other parties to 
perform product testing and evaluation activities. An NRTL's initial 
recognition will always include the first or basic program, which 
requires that all of these activities be performed in-house by the NRTL 
that will certify the product. OSHA previously granted FMRC recognition 
to use these programs, which currently are listed in OSHA's 
informational web page on the FMRC recognition.

    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 3: Acceptance of product evaluations from independent 
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 5: Acceptance of testing data from non-independent 
organizations.
    Program 6: Acceptance of evaluation data from non-independent 
organizations (requiring NRTL review prior to marketing).
    Program 7: Acceptance of continued certification following minor 
modifications by the client.
    Program 8: Acceptance of product evaluations from organizations 
that function as part of the International Electrotechnical Commission 
Certification Body (IEC-CB) Scheme.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents.
    OSHA developed the program descriptions to limit how an NRTL may 
perform certain aspects of its work and to accept the activities 
covered under a program only when the NRTL meets certain criteria. In 
this sense, they are special conditions that the Agency places on an 
NRTL's recognition. OSHA does not consider these programs in 
determining whether an NRTL meets the requirements for recognition 
under 29 CFR 1910.7. However, OSHA does treat these programs as one of 
the three elements that defines an NRTL's scope of recognition.

Preliminary Finding on the Application

    FMRC has submitted an acceptable request for renewal of its 
recognition as an NRTL. While processing this request, OSHA performed 
an on-site review of FMRC's NRTL testing facilities. FMRC has addressed 
any discrepancies noted by the assessor following the on-site 
evaluation, and the assessor has recommended renewal of FMRC's 
recognition (see Exhibit 12).
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA can grant to FMRC the renewal of its 
recognition as an NRTL to use the facilities, test standards, and 
programs listed above. The staff, therefore, recommended to the 
Assistant Secretary that the application be preliminarily approved.
    Based upon the recommendation of the staff, the Agency has made a 
preliminary finding that the Factory Mutual Research Corporation can 
meet the requirements, as prescribed by 29 CFR 1910.7, for the renewal 
of its recognition. This preliminary finding does not constitute an 
interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
FMRC has met the requirements of 29 CFR 1910.7 for renewal of its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
it, OSHA must receive the comment at the address provided above (see 
ADDRESS) no later than the last date for comments (see DATES above). 
Should you need more time to comment, OSHA must receive your written 
request for extension at the address provided above (also see ADDRESS) 
no later than the last date for comments (also see DATES above). You 
must include your reason(s) for any request for extension. OSHA will 
limit an extension to 15 days unless the requester justifies a longer 
period. We may deny a request for extension if it is frivolous or 
otherwise unwarranted. You may obtain or review copies of FMRC's 
requests, the memo on the recommendation, and all submitted comments, 
as received, by contacting the Docket Office, Room N2625, Occupational 
Safety and Health Administration, U.S. Department of Labor, at the 
above address. You should refer to Docket No. NRTL3-93, the permanent 
record of public information on FMRC's recognition.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant FMRC's application for renewal of recognition. The Agency will 
make the final decision on granting the renewal and, in making this 
decision, may undertake other proceedings that are prescribed in 
Appendix A to 29 CFR Section 1910.7. OSHA will publish a public notice 
of this final decision in the Federal Register.

    Signed at Washington, DC this 26th day of April 2001.
R. Davis Layne,
Acting Assistant Secretary.
[FR Doc. 01-11245 Filed 5-3-01; 8:45 am]
BILLING CODE 4510-26-P