[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42590-42594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20259]



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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 Renewal of Recognition as a Nationally Recognized 
Testing Laboratory.

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[[Page 42591]]


SUMMARY: This notice announces the Agency's final decision on the 
Factory Mutual Research Corporation for renewal of its recognition as a 
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on August 16, 
1995 and will be valid for a period of five years from the date, until 
Asugust 16, 2000, unless terminated prior to that date, in accordance 
with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT:
NRTL Recognition Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
N.W., Room N3653, Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    Notice is hereby given that the Factory Mutual Research Corporation 
(FMRC) which made application pursuant to 29 CFR 1910.7 for renewal of 
its recognition as a Nationally Recognized Testing Laboratory, has had 
its recognition renewed as an NRTL for the equipment or material listed 
below.
    The addresses of the laboratories covered by this application are:

1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062, 743 
Reynolds Road, West Glocester, 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 applied for renewal of its 
recognition as an NRTL within the specified time frame (application 
dated October 8, 1992) and retained temporary recognition pending 
OSHA's final decision in this renewal process. The final on-site review 
report, consisting of on-site evaluations of FMRC testing facilities, 
including administrative and technical practices, located in Norwood, 
Massachusetts, and West Gloucester, Rhode Island, (Exhibit 2B, dated 
April 19, 1994, and Exhibit 2C, dated March 9, 1995) and the OSHA staff 
recommendation, were subsequently forwarded to the Assistant Secretary 
for a preliminary finding on the application. A notice of FMRC's 
application for renewal together with a positive preliminary finding 
was published in the Federal Register on March 29, 1995 (60 FR 16167). 
Interested parties were invited to submit comments.
    There were no responses to the Federal Register notice of the FMRC 
application and preliminary finding (Docket No. NRTL-3-93).
    The Occupational Safety and Health Administration has evaluated the 
entire record in relation to the regulations set out in 29 CFR 1910.7 
and makes the following findings:

Capability

    Section 1910.7(b)(1) states that for each specified item of 
equipment or material to be listed, labeled or accepted, the laboratory 
must have the capability (including proper testing equipment and 
facilities, trained staff, written testing procedures, and calibration 
and quality control programs) to perform appropriate testing.
    The on-site review reports indicate that FMRC has facilities, 
personnel, and testing equipment which are appropriate for the areas of 
recognition it seeks. The laboratories have available all of the 
general test equipment to perform the testing required by the 
standards. If any additional test equipment is necessary, it will be 
purchased or leased as required.
    The two FMRC facilities have adequate equipment calibration 
procedures. There is a Test Equipment Coordinator who is responsible 
for the accuracy of test equipment as well as for reference measurement 
standards. All electrical measuring instruments are calibrated at least 
once a year.
    FMRC utilizes an alpha-numeric system for tracking jobs in-house. 
The Operations and Quality Assurance Manual addresses record keeping 
requirements, including retention times. Test procedures are also 
listed in this Manual. All test standards are stored on-site.
    The Operations and Quality Assurance manual documents the 
procedures for the control of quality of operations. It includes 
methods for evaluating and correcting quality system problems and 
includes all necessary components for an effective quality assurance 
program.
    Monitoring the quality assurance program is carried out routinely. 
At least one audit annually of the Approval Division is carried out, 
and additional audits may be required for specific problems or 
conditions. Programs exist for employee feedback, and for problem 
identification and correction.

Follow-Up and Field Inspection Procedures

    Section 1910.7(b)(2) requires that the NRTL provide certain follow-
up procedures, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These include 
implementation of control procedures for identifying the listed or 
labeled equipment or materials, inspecting the production run at 
factories to assure conformance with test standards, and conducting 
field inspections to monitor and assure the proper use of the label.
    FMRC's follow-up program is detailed in the Operations and Quality 
Assurance Manual and discusses the initial and subsequent factory 
follow-up procedures for the approval/listing process.
    Factory Mutual Research Corporation has sections dealing with 
approval or listing status and approval guide and listing procedures in 
its Operations and Quality Assurance Manual. These sections deal with 
requirements and limitations for the use of FMRC's certification marks.

Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers subject to the tested equipment requirements, 
and of my manufacturers or vendors of equipment or materials being 
tested for these purposes.
    OSHA believes, based upon an examination of the application, that 
the Factory Mutual Research Corporation is independent of employers 
subject to the tested equipment requirements and of any manufacturers 
or vendors of equipment or materials being tested for these purposes, 
within the meaning of 29 CFR 1910.7(b)(3).

Creditable Reports/Complaint Handling

    Section 1910.7(b)(4) provides that an OSHA recognized NRTL must 
maintain effective procedures for producing creditable findings and 
reports that are objective and without bias, as well as for handling 
complaints and disputes under a fair and reasonable system.
    FMRC's application as well as the on-site review report indicate 
that FMRC 

[[Page 42592]]
does maintain effective procedures for producing creditable findings 
and reports that are objective.
    The Operations and Quality Assurance Manual describes in detail the 
various aspects of procedures for testing and for all written reports, 
as well as record keeping requirements including retention times.
    With regard to the handling of complaints or contested results, if 
clients, FMRC personnel, users, or others, file a complaint or disagree 
with a decision relating to the test standard, engineering, use, or 
inspection, they can present and discuss their views with various 
administrative levels of FMRC personnel, up to and including the Chief 
Operating Officer in an effort to resolve any disagreement.

Test Standards

    Section 1910.7 requires that an NRTL use ``appropriate test 
standards'', which are defined, in part, to include any standard that 
is currently designated as an American National Standards Institute 
(ANSI) safety designated product standard or an American Society for 
Testing and Materials (ASTM) test standard used for evaluation of 
products or materials. As to the non-ANSI, FMRC and UL test standards 
for which FMRC has applied to test products to, OSHA examined the 
status of the Factory Mutual Research Corporations standards and 
Underwriters Laboratories Inc. Standards for Safety with particular 
attention to the method of their development, revision and 
implementation, and determined that both groups of standards are 
appropriate test standards under the criteria described in 29 CFR 
1910.7(c) (1), (2), and (3). That is, these standards specify the 
safety requirements for specific equipment or classes of equipment and 
are recognized in the United States as safety standards providing 
adequate levels of safety; they are compatible and remain current with 
periodic revisions of applicable national codes and installation 
standards; and they are developed by a standards developing 
organization under a method providing for input and consideration of 
views of industry groups, experts, users, consumers, governmental 
authorities, and others having broad experience in the safety fields 
involved.

Programs and Procedures

    As discussed in the Federal Register notice (60 FR 16167), FMRC 
administers several operational programs and procedures. 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 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 
characteristics such as the size, complexity, or uniqueness of a 
product require 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 ensure 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 
ensure 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,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 ensure 
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.
Final Decision and Order

    Based upon a preponderance of the evidence resulting from an 
examination of the complete application, the supporting documentation, 
and the OSHA staff finding including the on-site report, OSHA finds 
that the Factory Mutual Research Corporation has met the requirements 
of 29 CFR 1910.7 to have its recognition renewed by OSHA as a 
Nationally Recognized Testing 

[[Page 42593]]
Laboratory to test and certify certain equipment or materials.
    Pursuant to the authority in 29 CFR 1910.7, the Factory Mutual 
Research Corporation's recognition as a Nationally Recognized Testing 
Laboratory is hereby renewed subject to the limitations and conditions 
listed below:

Limitations

    This recognition is limited to equipment or materials which, under 
29 CFR Part 1910, require testing, listing, labeling, approval, 
acceptance, or certification, by a Nationally Recognized Testing 
Laboratory. This recognition is limited to the use of the following 
test standards for the testing and certification of equipment or 
materials included within the scope of these standards:
     FMRC has stated that all the standards in these categories 
are used to test equipment or materials which may be used in 
environments under OSHA's jurisdiction. These standards are all 
considered appropriate test standards under 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 Dump 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 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
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
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--Alarms 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 Exclosure 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--Electrical Commercial Clothes-Washington 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

Conditions

    The Factory Mutual Research Corporation shall also abide by the 
following conditions of its recognition, in addition to those already 
required by 29 CFR 1910.7:

[[Page 42594]]

     The Occupational Safety and Health Administration shall be 
allowed access to FMRC's facilities and records for purposes of 
ascertaining continuing compliance with the terms of its recognition 
and to investigate as OSHA deems necessary;
     If FMRC has reason to doubt the efficacy of any test 
standard it is using under this program, it shall promptly inform the 
organization that developed the test standard of this fact and provide 
that organization with appropriate relevant information upon which its 
concerns are based;'
     FMRC shall not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, FMRC agrees that it will allow no 
representation that it is either a recognized or accredited Nationally 
Recognized Testing Laboratory (NRTL) without clearly indicating the 
specific equipment or material to which this recognition is tied, or 
that its recognition is limited to certain products;
     FMRC shall inform OSHA as soon as possible, in writing, of 
any change of ownership, facilities, or key personnel, including 
details;
     FMRC shall continue to meet the requirements for 
recognition in all areas where it has been recognized; and
     FMRC shall always cooperate with OSHA to assure with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.
    Effective Date: This recognition will become effective on August 
16, 1995 and will be valid for a period of five years from that date, 
until August 16, 2000, unless terminated prior to that date, in 
accordance with 29 CFR 1910.7.

    Signed at Washington, D.C. this 10th day of August, 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-20259 Filed 8-15-95; 8:45 am]
BILLING CODE 4510-26-M