[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Pages 16167-16171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7675]



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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-3-93]


Factory Mutual Research Corporation

AGENCY: Occupational Safety and Health Administration Department of 
Labor.

ACTION: Notice of Application for Renewal of Recognition as a 
Nationally Recognized Testing Laboratory, and Preliminary Finding.

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SUMMARY: This notice announces the application of the 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.

DATES: The last date for interested parties to submit comments is May 
30, 1995.

ADDRESSES: Send comments to: NRTL Recognition Program, Office of 
Variance Determination, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, 
Washington , DC. 20210.

FOR FURTHER INFORMATION CONTACT:Office of Variance Determination, NRTL 
Recognition Program, Occupational Safety and Health Administration, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room N3653, 
Washington, DC 20210.

Notice of Application

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Factory 
Mutual Research Corporation (FMRC) has made application pursuant to 
section 6(b) of the Occupational Safety and Health Act of 1970, (84 
Stat. 1593, 29 U.S.C. 655), Secretary of Labor's Order No. 1-90 (55 FR 
9033), and 29 CFR 1910.7 for renewal of its recognition of the 
following facilities as a Nationally Recognized Testing Laboratory.
    The addresses of the laboratories covered by this application are:

1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062
743 Reynolds Road, West Gloucester, Rhode Island 02814

Background

    When OSHA published its standard for NRTLs at 29 CFR 1910.7, it 
temporarily recognized Factory Mutual Research Corporation (FMRC) and 
Underwriters Laboratories Incorporated (UL). Both organizations had 
already been referenced by the Occupational Safety and Health 
Administration (OSHA) as acceptable organizations for testing or 
certifying certain workplace equipment and materials. Appendix A of 
section 1907 stated, in part, that Factory Mutual Research Corporation 
was recognized temporarily as a nationally recognized testing 
laboratory by the Assistant Secretary for a five-year period from June 
13, 1988 through June 13, 1993. At the end of this five-year period 
FMRC was required to apply for renewal of that OSHA recognition 
utilizing certain specified procedures. FMRC has applied for renewal of 
its recognition as an NRTL within the specified time frame (application 
dated October 8, 1992) and retains temporary recognition pending OSHA's 
final decision in this renewal process.

Application

    According to the applicant Factory Mutual began testing products in 
1886; the first published listings of approved fire hose appeared in 
1907. As of October 1992, FMRC approved products and services for 
approximately 1900 manufacturers and service providers in the United 
States and 32 foreign countries.
    Regarding the merits of the application, the applicant contends 
that it meets the requirements of 29 CFR 1910.7 for renewal of its 
recognition to certify products in the area of testing which it has 
specified.
    Factory Mutual Research Corporation states that its application 
demonstrates that for each specified item of equipment or material to 
be certified, it has the capability (including proper testing equipment 
and facilities, trained staff, written testing procedures, quality 
control and calibration programs) to perform testing and examination of 
equipment and materials for workplace safety purposes to determine 
conformance with appropriate product test standards. In summary, it 
claims that it has the experience, expertise, personnel, organization, 
equipment, and facilities suitable for renewal of its accreditation as 
an OSHA Nationally Recognized Testing Laboratory.
    In support of its application, FMRC has attached various exhibits 
[see Exhibits 2A(1), 2A(2), 2A(3), and 2A(4)]. According to the 
applicant, it demonstrates its capability to perform testing and 
examining of equipment and materials for workplace safety purposes to 
determine conformance with appropriate standards [see Ex. 2A(1)]; has 
the proper testing equipment and facilities, trained staff, written 
testing procedures, and calibration and quality control programs [see 
Ex. 2A(2)]; and has also the capability to perform experimental testing 
and examining of equipment and materials for workplace safety purposes 
to determine the conformance with appropriate test standards or 
performance in a specified manner.
    FMRC further asserts that it provides the following controls or 
services: A registered certification mark [see Ex. 2A(3)]; product 
evaluation of samples submitted by manufacturers to assure conformance 
with the test standards; and a facilities and procedures quality audit 
program to monitor production and use of the FMRC Approval Mark, 
supplemented with periodic inspections of user premises for monitoring 
product performance and for identifying the listed or labeled equipment 
or materials [see Exs. 2A(2)] and 2A(3)].
    The applicant also states that it is a non-profit corporation and, 
accordingly, is not owned, operated or controlled by any company 
manufacturing, supplying or distributing any portion of the materials 
and products examined and tested. Further, FMRC claims not to have any 
financial interest in any company manufacturing, supplying, or 
distributing materials or products examined [see Ex. 2A(3)].
    If clients, FMRC personnel, users, or other sources, file a 
complaint or disagrees with a decision relating to the standard, to 
engineering, use, or to inspection, they can present and discuss their 
views with the involved Engineer(s) and Section Manager in an effort to 
resolve any disagreement. If the matter cannot be satisfactorily 
resolved at that level, they are referred to the Department Manager, 
then to the Division Manager and finally if the complaint is still 
unresolved it is referred to the Chief Operating Officer 
[[Page 16168]] for the final decision. Equipment rental is infrequent 
and used only for a special one-time test or when a similar piece of 
equipment is in repair. The equipment is leased from reputable dealers 
and operation manuals and calibration certification are required to be 
supplied.
    Finally, Factory Mutual Research Corporation states that it 
provides creditable reports and findings which are objective and 
without bias, as well as a fair and reasonable system of handling 
complaints [see Ex. 2A(2)].
    FMRC's application contained 4 enclosures, which they identified as 
Exhibits 1, 2, 3 and 4. For OSHA's purposes, these documents are listed 
as Exhibits 2A(1), 2A(2), 2A(3), and 2A(4), respectively. Exhibit 2A(1) 
lists the test standards for which the applicant desired accreditation, 
and includes copies of those prepared and published by FMRC. Exhibit 
2A(2) consists of FMRC's Operations and Quality Assurance Manual (OQAM) 
dealing with various facets of the Approvals Division, such as 
background and history; a demonstration of reporting results; the FMRC 
organizational chart; the Electrical Department; handling of 
complaints; laboratory operations; personnel, including position 
descriptions; descriptions of the facilities; details of procedures 
with test samples; test procedures; record keeping and data collection; 
documentation and document control; reports; test equipment including 
the calibration program; the facilities and procedures audit; product 
re-examination program; approval standards including mechanics of 
development; status of approval or listing; guides and listing 
procedures; follow-up testing; the Quality Assurance program; and a 
listing of blank forms used in the Approvals Division. Exhibit 2A(3) 
contains a statement of independence; a listing of FMRC's certification 
marks; a brochure concerning its approval services; a sample of the 
general procedure format; and a listing of test equipment. Finally, the 
last enclosure, Exhibit 2A(4), encompasses the FMRC Approval Guide, 
including two supplements.
    The test procedure method is identified in the revised 5-15-92 
version of the General Test Procedure Format. This format identifies 
specific paragraphs for specific information. General headings include 
the Purpose and Scope, Test Criteria, Samples Required, Test Facilities 
and Equipment, Test Setup, Operations, Test Results, and Safety 
Precautions. The test procedures listing is being updated to reflect 
the latest procedures.

Facilities

    Factory Mutual Research Corporation (FMRC) headquarters in Norwood, 
Massachusetts occupies a 40 acre site with more than a dozen buildings 
totaling some 235,550 square feet. Approximately 50 percent of the 
floor space is allocated for product testing. The Norwood complex is 
also headquarters for Factory Mutual Engineering Corp. (FMEC) and 
Factory Mutual Engineering Association (FMEA). Under Factory Mutual 
Research Corporation are the Standards Division, Approvals Division, 
Research Division, Loss Operational Analysis Department, and the 
Administration Department. Many of the administrative and operational 
support activities for FMRC, such as legal, accounting, and personnel, 
are provided by FMEC. The Approvals Division of FMRC has responsibility 
for the Facilities and Procedures Audits (follow-up program for 
manufacturers); however, in the United States, inspectors are provided 
by FMEA while overseas they are provided by Factory Mutual 
International (FMI). The Approvals Division has a technical staff of 
approximately 75, consisting of 10 managers, 51 engineers, and 15 
technicians. FMEA has approximately 960 inspectors and FMI 300.
    The West Glocester facility occupies a 1500 acre site. The main 
building totals some 30,260 square feet. Three large fire test pads and 
the associated control room occupy most of this space. Additional 
facilities at West Glocester include a large hydraulics laboratory and 
a structure to study explosions of combustible dusts and flammable 
gases or vapors. The West Glocester facility has a staff of 
approximately 35. However, most of the facility is devoted to the 
testing of sprinkler and other fire extinguishment system.

Audit Structure

    A new audit schedule addresses the frequency of audits and includes 
the West Glocester facilities. The schedule also includes an aggressive 
approach to resolving identified discrepancies.
    The Facilities and Procedures Audits (F&PA) for FMRC Practices and 
Procedures provide information on how to perform a proper and 
successful Approvals Division Facilities and Procedures Audit (F&PA). 
This document provides guidance on the program, scope of the audits, 
Areas of Investigation of a Manufacturers Quality Assurance Program, 
and the preparation, planning and conducting of the audit.
    The frequency of audits at the manufacturing site are monitored to 
insure the yearly minimum (at least quarterly for the NRTL program) is 
maintained and is in accordance with QAM Section 17.4.

Internal Controls (Quality Assurance)

    The Operations and Quality Assurance Manual documents the 
procedures for controlling the quality of operations in the Approvals 
Division. The manual includes a policy statement and methods to 
evaluate and correct quality system problems and includes the necessary 
ingredients for an effective Quality Assurance Program.
    Portions of the Operations and Quality Assurance Manual describe 
the general policy requiring outside testing laboratories to meet the 
applicable quality assurance standards of the Approvals Division. The 
Manual does not specify which outside NRTL laboratories are acceptable, 
only that the laboratory must meet the Approvals Division quality 
assurance requirements.
    The Technical Report Format is described in the Operations and 
Quality Assurance Manual (OQAM), and contains the name and address of 
the testing location, job identification number, name and address of 
the client, facilities and procedures audit inspection results, 
conclusion, signatures and other relevant information.
    Another section of the Operations and Quality Assurance Manual 
addresses the Record Keeping Requirements, to include the retention 
time for specific types of records.
    The Follow-up Program is also discussed in the OQAM. Initial 
factory inspections for an approval/listing process are normally 
conducted by the Approvals Division personnel (FMRC). Subsequent 
follow-ups are commonly conducted by the FMEA District Offices in North 
America, and by FMI in other locations.

Programs

    FMRC administers several operational programs, some of which have 
been in effect for a number of years. Some of these programs have 
provided the test and evaluation data for products that have been 
approved and are still being supplied by manufacturers for introduction 
into the workplaces of the United States.
    The following programs have been examined and found to be 
acceptable to OSHA on the basis of the procedures and specific criteria 
as detailed in 60 FR 12980, March 9, 1995, pertaining to the types of 
programs and procedures that [[Page 16169]] NRTLs may engage in under 
the OSHA/NRTL program. See Exhibit 2C, an addendum to the original 
``On-Site Review Report (Survey)'', dated March 10, 1995, (Exhibit 2B), 
which reviews the following programs on the basis of their conformance 
to the programs described in 60 FR 12980, March 9, 1995, ``Nationally 
Recognized Testing Laboratories; Clarification of the Types of Programs 
and Procedures''.

Basic Program

    This program is one in which FMRC performs all of the necessary 
product testing and evaluation in-house prior to issuing a 
certification.

Witnessed Test Data Program

    This program is utilized when such as the size, complexity, or 
uniqueness of a product requires testing at the manufacturer's or other 
outside laboratory's facilities, or when a manufacturer is entering the 
Laboratory Qualification Program. The tests are in accordance with the 
appropriate recognized standard(s) and are witnessed by an FMRC 
technical representative. The specific information required by the FMRC 
Operations and Quality Assurance manual to insure equivalency with 
tests conducted at FMRC is recorded in the Project Data Record (test 
notebook).

FMRC Laboratory Qualification Program

    Since 1979, manufacturers of electrical utilization equipment 
(process control and test and measuring instrumentation for use in 
ordinary ``non-hazardous'' locations) meeting specific criteria, have 
been allowed to submit test data to FMRC to be used as a part of the 
approval process. The data submitted by the manufacturer may be used in 
lieu of tests conducted by FMRC or, at its discretion, FMRC may conduct 
comparative tests to insure accurateness of manufacturers' supplied 
data. This includes a review of the product submitted for approval.
    The qualification procedures include on-site assessments and an 
evaluation for usage of proper standards, client personnel, testing 
facilities and verification testing. Part of the program includes 
periodic review visits.
    A specific department of the client is qualified to generate the 
necessary test and evaluation information that a product meets the 
appropriate standards. Test equipment, calibration program, test 
personnel, test procedures, design origination and change, and the 
marking and documentation submittal are specified in the Laboratory 
Qualification Report. The information and a sample product is sent to 
FMRC for its review.
    The program allows for unannounced on-site visits to the 
manufacturer's facility to verify compliance with the program. An up-
to-date listing is maintained of the manufacturing laboratories that 
are qualified under this program.

International Electrotechnical Commission (IEC) CB Scheme

    The IEC-CB Scheme is a certification program for gaining product 
approval recognition on an international level. Products tested by any 
National Certification Body (NCB) that participates in the CB Scheme 
will be accepted for approval without the need for retesting in other 
member (of the CB Scheme) countries.
    Eligibility in the CB Scheme requires that members be recognized by 
their own governments as an accredited national organization having the 
authority to issue a listing or place a mark on products that meet 
specific national standards.
    FMRC is accredited by the IEC for testing and evaluating electrical 
equipment for measurement, control and laboratory use, and information 
processing equipment including electrical business equipment.

Interlaboratory Agreements

    FMRC tests products for, and accepts test data from, 
internationally recognized laboratories which have interlaboratory 
agreements with FMRC. The laboratory generating the test data conducts 
these tests in accordance with the nationally recognized standards of 
the laboratory certifying the product. Regularly scheduled audits are 
conducted at each laboratory to insure the competence of the 
laboratory. The audits include a review of personnel, test equipment, 
test procedures, documentation control, and quality of operation.
    FMRC asserts that it may accept components which have been tested 
at other laboratories after review of the test report and any 
additional evaluation necessary. The evaluation by the applicant 
includes an assurance that the other laboratory's performance meets the 
level that FMRC would provide had it performed the service.

Standards

    The applicant desires recognition for testing and certification of 
products when tested for compliance with the following test standards, 
which are appropriate within the meaning of 29 CFR 1910.7(c):

FMRC 1110--Indicator Posts
FMRC 1221--Backflow Preventers
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
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, II 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-- Explosionproof 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 6051--Safety Containers and Filling, 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
ANSI Z8.1--Commercial Laundry and Drycleaning Equipment and Operations
ANSI/ISA S12.12--Electrical Equipment for Use in Class I, Division 2, 
Hazardous (Classified) Locations
ANSI/ISA S12.13.1--Performance Requirements for Combustible Gas 
Detectors
ANSI/ISA S12.15--Hydrogen Sulfide Detection Instruments
ANSI/ISA S82.01--Electrical and Electronic Test, Measuring Equipment
ANSI/ISA S82.02--Electrical and Electronic Test and Measuring Equipment
ANSI/ISA S82.03--Electrical and Electronic Process Measuring and 
Control
ANSI/NEMA ICS 2--Industrial Control Devices, Controllers and Assemblies
ANSI/NEMA 250--Enclosures for Electrical Equipment
ANSI/NFPA 11--Low Expansion Foam and Combined Agent Systems
ANSI/NFPA 11A--Medium- and High-Expansion Foam Systems
ANSI/NFPA 12--Carbon Dioxide Extinguishing Systems
ANSI/NFPA 12A--Halon 1301 Fire Extinguishing Agent 
Systems [[Page 16170]] 
ANSI/NFPA 13--Installation of Sprinkler Systems
ANSI/NFPA 16--Deluge Foam-Water Sprinkler and Spray Systems
ANSI/NFPA 17--Dry Chemical Extinguishing Systems
ANSI/NFPA 20--Centrifugal Fire Pumps
ANSI/NFPA 72--Installation, Maintenance, and Use of Protective 
Signaling Systems
ANSI/UL 8--Foam Fire Extinguishers
ANSI/UL 38--Manually Actuated Signaling Boxes for Use With Fire-
Protective Signaling Systems
ANSI/UL 154--Carbon-Dioxide Fire Extinguishers
ANSI/UL 162--Foam Equipment and Liquid Concentrates
ANSI/UL 299--Dry Chemical Fire Extinguishers
ANSI/UL 346--Waterflow Indicators for Fire Protective Signaling Systems
ANSI/UL 347--High-Voltage Industrial Control Equipment
ANSI/UL 508--Electric Industrial Control Equipment
ANSI/UL 558--Industrial Trucks, Internal Combustion Engine-Powered
ANSI/UL 583--Electric-Battery-Powered Industrial Trucks
ANSI/UL 626--2\1/2\ Gallon Stored-Pressure, Water-Type Fire 
Extinguishers
UL 664--Commercial (Class IV) Electric Dry-Cleaning Machines
ANSI/UL 674--Electric Motors and Generators for Use in Hazardous 
(Classified) Locations
ANSI/UL 698--Industrial Control Equipment for Use in Hazardous 
(Classified) Locations
ANSI/UL 711--Fire Extinguishers, Rating and Fire Testing of
ANSI/UL 753--Alarm Accessories for Automatic Water-Supply Control 
Valves
ANSI/UL 781--Portable Electric Lighting Units for Use in Hazardous 
(Classified) Locations
ANSI/UL 823--Electric Heaters for Use in Hazardous (Classified) 
Locations
ANSI/UL 827--Central-Stations for Watchmen, Fire-Alarm, and Supervisory 
Services
ANSI/UL 844--Electric Lighting Fixtures for Use in Hazardous 
(Classified) Locations
ANSI/UL 863--Electric Time-Indicating and -Recording Appliances
ANSI/UL 864--Control Units for Fire-Protective Signaling Systems
ANSI/UL 877--Circuit Breakers and Circuit-Breaker Enclosure for Use in 
Hazardous (Classified) Locations
ANSI/UL 886--Electrical Outlet Boxes and Fittings for Use in Hazardous 
(Classified) Locations
ANSI/UL 894--Switches for Use in Hazardous (Classified) Locations
ANSI/UL 913--Intrinsically Safe Apparatus and Associated Apparatus for 
Use in Class I, II, and III, Division I, Hazardous (Classified) 
Locations
ANSI/UL 1002--Electrically Operated Valve for Use in Hazardous 
(Classified) Locations
ANSI/UL 1058--Halogen Agent Extinguishing System Units
ANSI/UL 1093--Halogenated Agent Fire Extinguishers
ANSI/UL 1203--Explosion-Proof and Dust-Ignition-Proof Electrical 
Equipment for Use in Hazardous (Classified) Locations
UL 1206--Electric Commercial Clothes-Washing Equipment
ANSI/UL 1207--Sewage Pumps for Use in Hazardous (Classified) Locations
UL 1236--Electric Battery Chargers
UL 1240--Electric Commercial Clothes-Drying Equipment
ANSI/UL 1254--Pre-Engineered Dry Chemical Extinguishing System Units
ANSI/UL 1262--Laboratory Equipment
ANSI/UL 1555--Electric Coin-Operated Clothes-Washing Equipment
ANSI/UL 1556--Electric Coin-Operated Clothes-Drying Equipment

Preliminary Finding

    The Factory Mutual Research Corporation addressed all of the 
criteria which had to be met for recognition as an NRTL in its initial 
application and in its further correspondence. For example, the 
applicant submitted a list of its test equipment and instrumentation; a 
roster of its personnel including resumes of those in key positions and 
copies of position descriptions; copies of a typical test report, a 
factory inspection form and an inspection summary; a summary of its 
listing, labeling, and follow-up services; a statement of its 
independence as a testing laboratory; and a copy of its Operations and 
Quality Assurance Manual including a description of its documentation, 
calibration system, appeals procedures, recordkeeping and operational 
procedures.
    Nine major areas were examined in depth in carrying out the 
laboratory surveys: Facility; test equipment; calibration program; test 
and evaluation procedures; test reports; records; quality assurance 
program; follow-up listing program; and personnel.
    The discrepancies noted by the survey teams in the on-site 
evaluations, [Ex. 2B(1)], were adequately responded to by the applicant 
prior to the preparation of the survey report and are included as a 
integral part of the report.
    With the preparation of the final survey reports of the Factory 
Mutual Research Corporation, the survey team was satisfied that the 
testing facilities appeared to meet the necessary criteria required by 
the standard, and so noted in the On-Site Review Report (Survey). (See 
Ex. 2B).
    Following a review of the application file and the on-site survey 
reports of the FMRC Norwood, Massachusetts and the West Glocester, 
Rhode Island facilities, the NRTL Recognition Program staff concluded 
that the applicant appeared to have met the requirements for renewal of 
its recognition as a Nationally Recognized Testing Laboratory for the 
above noted facilities and, therefore, recommended to the Assistant 
Secretary that the application be preliminarily approved.
    Based upon a review of the completed application file and the 
recommendation of the staff, the Assistant Secretary has made a 
preliminary finding that the Factory Mutual Research Corporation 
facilities for which accreditation was requested (Norwood, MA and West 
Glocester, RI) can meet the requirements for renewal of its recognition 
as required by 29 CFR 1910.7.
    All interested members of the public are invited to supply detailed 
reasons and evidence supporting or challenging the sufficiency of the 
applicant's having met the requirements for renewal of its recognition 
as a Nationally Recognized Testing Laboratory, as well as Appendix A, 
of 29 CFR 1910.7. Submission of pertinent written documents and 
exhibits shall be made no later than May 30, 1995, and must be 
addressed to the NRTL Recognition Program, Office of Variance 
Determination, Room N 3653, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
N.W., Washington, D.C. 20210. Copies of the FMRC application, the 
laboratory survey report, and all submitted comments, as received, 
(Docket No. NRTL-3-93), are available for inspection and duplication at 
the Docket Office, Room N 2634, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address.
    The Assistant Secretary's final decision on whether the applicant 
(Factory Mutual Research Corporation) satisfies the requirements for 
renewal of its recognition as an NRTL will be made on the basis of the 
entire record including the public submissions and any further 
proceedings that the Assistant Secretary may consider appropriate in 
accordance with Appendix A of Sec. 1910.7.

    [[Page 16171]] Signed at Washington, DC, this 22nd day of March 
1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-7675 Filed 3-28-95; 8:45 am]
BILLING CODE 4510-26-M