Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Notices 22605

each volume. Throughout the remainder

of the year, regular weekly updates will

be distributed to subscribers.

Signed at Washington, DC This 26 Day of

April 2001.

Carl J. Poleskey,

Chief, Branch of Construction Wage

Determinations.

[FR Doc. 01–10949 Filed 5–3–01; 8:45 am]

BILLING CODE 4510–27–M

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.

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

22606 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Notices

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 HighExpansion 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 21⁄2 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 FireProtective Signaling Systems

UL 877 Circuit Breakers and CircuitBreaker 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 DustIgnition-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 ClothesDrying 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 ANSIapproved.

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

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Notices 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

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 2001–

16; Exemption Application No. D–10584, et

al.]

Grant of Individual Exemptions; New

York Life Insurance Company (NYLIC)

et al.

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Grant of individual exemptions.

SUMMARY: This document contains

exemptions issued by the Department of

Labor (the Department) from certain of

the prohibited transaction restrictions of

the Employee Retirement Income

Security Act of 1974 (the Act) and/or

the Internal Revenue Code of 1986 (the

Code).

Notices were published in the Federal

Register of the pendency before the

Department of proposals to grant such

exemptions. The notices set forth a

summary of facts and representations

contained in each application for

exemption and referred interested

persons to the respective applications

for a complete statement of the facts and

representations. The applications have

been available for public inspection at

the Department in Washington, D.C. The

notices also invited interested persons

to submit comments on the requested

exemptions to the Department. In

addition the notices stated that any

interested person might submit a

written request that a public hearing be

held (where appropriate). The

applicants have represented that they

have complied with the requirements of

the notification to interested persons.

No public comments and no requests for

a hearing, unless otherwise stated, were

received by the Department.

The notices of proposed exemption

were issued and the exemptions are

being granted solely by the Department

because, effective December 31, 1978,

section 102 of Reorganization Plan No.

4 of 1978, 5 U.S.C. App. 1 (1996),

transferred the authority of the Secretary

of the Treasury to issue exemptions of

the type proposed to the Secretary of

Labor.