[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Notices]
[Pages 44240-44241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20997]


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DEPARTMENT OF LABOR

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


Factory Mutual Research Corporation, Expansion of Recognition

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

ACTION: Notice.

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

EFFECTIVE DATE: This recognition becomes effective on August 13, 1999 
and, unless modified in accordance with 29 CFR 1910.7, continues in 
effect while FMRC remains recognized by OSHA as an NRTL.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N3653, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of Factory Mutual Research 
Corporation (FMRC) as a Nationally Recognized Testing Laboratory 
(NRTL). FMRC's expansion request covers the use of additional test 
standards. OSHA recognizes an organization as an NRTL, and processes 
applications related to such recognitions, following requirements in 
Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 
1910.7). Appendix A to this section requires that OSHA publish this 
public notice of its final decision on an application.
    FMRC submitted a request, dated October 8, 1998 (see Exhibit 7A), 
to expand its recognition as an NRTL to include four (4) additional 
test standards. Then it submitted a request, dated November 18, 1998 
(see Exhibit 7B), to expand its recognition for one more test standard. 
OSHA published the required notice in the Federal Register (64 FR 
18939, 4/16/99) to announce the application. The notice included a 
preliminary finding that FMRC could meet the requirements for expansion 
of its recognition, and OSHA invited public comment on the application 
by June 15, 1999. OSHA received no comments concerning this 
application.
    FMRC's previous application as an NRTL covered its renewal of 
recognition as an NRTL (60 FR 16167, 3/29/95), which OSHA granted on 
August 16, 1995 (60 FR 42590).
    You may obtain or review copies of all public documents pertaining 
to the application by contacting the Docket Office, Occupational Safety 
and Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Room N2625, Washington, DC 20210, telephone: (202) 693-
2350. You should refer to Docket No. NRTL-3-93, the permanent records 
of public information on the FMRC recognition.
    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
Factory Mutual Research Corporation, 743 Reynolds Road, West 
Gloucester, Rhode Island 02814

Final Decision and Order

    The NRTL Program staff has examined the application and other 
pertinent information, and the assessment staff recommended, in a memo 
dated February 10, 1999 (see Exhibit 8), expansion of FMRC's 
recognition to include the additional test standards listed below. 
Based upon this examination and recommendation, OSHA finds that FMRC 
has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition to use the additional 5 test standards, subject to the 
limitations and conditions listed below. Pursuant to the authority in 
29 CFR 1910.7, OSHA hereby expands the recognition of FMRC, subject to 
these limitations and conditions. As is the case for any NRTL, FMRC's 
recognition is further limited to equipment or materials (products) for 
which OSHA standards require third party testing and certification 
before use in the workplace.

Limitations

    OSHA hereby expands the recognition of FMRC for testing and 
certification of products to demonstrate compliance to the following 5 
standards. OSHA has determined that each standard meets the 
requirements for an appropriate test standard prescribed in 29 CFR 
1910.7(c).

ANSI/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 3990 Less or nonflammable Liquid-Insulated Transformers

    The NRTL Program staff verified the designations and titles of the 
above test standards at the time of preparation of the notice of the 
preliminary finding. Also, the FMRC 3990 test standard was incorrectly 
listed as FMRC 3900 in the preliminary notice.

Conditions

    Factory Mutual Research Corporation must also abide by the 
following conditions of the recognition, in addition to those already 
required by 29 CFR 1910.7:
    OSHA must 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 must promptly inform the organization that 
developed

[[Page 44241]]

the test standard of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    FMRC must 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 an 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 must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
changes in its operations as an NRTL, including details;
    FMRC will continue to meet all the terms of its recognition and 
will always comply with all OSHA policies pertaining to this 
recognition;
    FMRC will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    FMRC will always cooperate with OSHA to assure compliance with the 
spirit as well as the letter of its recognition and 29 CFR 1910.7.

    Signed at Washington, DC this 3rd day of August, 1999.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 99-20997 Filed 8-12-99; 8:45 am]
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