[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Pages 47503-47505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22827]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL3-93]


Factory Mutual Research Corporation, Renewal 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 renewal 
of its recognition as a Nationally Recognized Testing Laboratory (NRTL) 
under 29 CFR 1910.7.

EFFECTIVE DATE: This renewal becomes effective on September 12, 2001 
and will be valid until September 12, 2006, unless terminated or 
modified prior to that date, in accordance with 29 CFR 1910.7.

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 renewal of recognition of Factory Mutual Research 
Corporation (FMRC) as a Nationally Recognized Testing Laboratory 
(NRTL). FMRC's renewal covers its existing scope of recognition, which 
may be found in OSHA's informational web page for the NRTL (http://www.osha-slc.gov/dts/otpca/nrtl/fmrc.html). We maintain such a web page 
for each NRTL.
    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, employers may use products ``properly certified'' by the 
NRTL to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition or for expansion or renewal of this recognition following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the Agency publish two notices in the Federal Register in 
processing an application. 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 the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope.
    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 on March 29, 1995 (60 FR 16167). 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.
    FMRC received its first renewal of recognition on August 16, 1995 
(60 FR 42590), 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 submitted a request to 
renew its recognition on November 9, 1999 (see Exhibit 11), within the 
time allotted, and retains its recognition pending OSHA's final 
decision in this renewal process.
    OSHA published the required notice in the Federal Register on May 
4, 2001 (66 FR 22605). The May 2001 notice included a preliminary 
finding that FMRC could meet the requirements in 29 CFR 1910.7 for 
renewal of its recognition and invited public comment on the 
applications by May 18, 2001. OSHA received no comments concerning this 
notice.
    In processing FMRC's request for renewal of recognition, OSHA 
performed on-site reviews (audits) of FMRC's facilities. NRTL Program 
assessment staff reviewed information from these reviews and, in a memo 
dated October 30, 2000 (see Exhibit 12), recommended the renewal of 
FMRC's recognition.
    The other Federal Register documents published by OSHA concerning 
FMRC's recognition covered an expansion for additional test standards, 
which the Agency announced on April 16, 1999 (64 FR 18939) and granted 
on August 13,1999 (64 FR 44240).
    You may obtain or review copies of all public documents pertaining 
to the FMRC 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. You should 
refer to Docket No. NRTL3-93, the permanent record of public 
information on the FMRC recognition.
    The current addresses of the FMRC testing facilities (sites) 
recognized by OSHA are:

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

Programs and Procedures

    The renewal of recognition includes FMRC's continued use of the 
following supplemental programs, based upon the criteria detailed in 
the March 9, 1995 Federal Register notice (60 FR 12980, 
3/9/95). This notice lists nine (9) programs and procedures 
(collectively, programs), eight of which an NRTL may use to control and 
audit, but not actually to generate, the data relied upon for product 
certification. An NRTL's initial recognition will always include the 
first or basic program, which requires that all product testing and 
evaluation be performed in-house by the NRTL that will certify the 
product. OSHA previously granted FMRC recognition to use these 
programs, which are listed, as shown below, in OSHA's informational web 
page on the FMRC recognition (http://

[[Page 47504]]

www.osha-slc.gov/dts/otpca/nrtl/fmrc.html).

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 these programs to limit how an NRTL may perform 
certain aspects of its work and to permit 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, these programs help to define the scope of that 
recognition.

Final Decision and Order

    The NRTL Program staff has examined the applications, the auditor's 
report, and other pertinent information. Based upon this examination 
and the assessor's recommendation, OSHA finds that Factory Mutual 
Research Corporation has met the requirements of 29 CFR 1910.7 for 
renewal of its NRTL recognition. The renewal applies to the sites 
listed above. In addition, it covers the test standards listed below, 
and it is subject to the limitations and conditions, also listed below. 
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the 
recognition of FMRC, subject to these limitations and conditions.

Limitations

Renewal of Recognition of Facilities

    OSHA limits the renewal of recognition of FMRC to the 2 sites 
listed above. In addition, similar to other NRTLs that operate multiple 
sites, the Agency's recognition of any FMRC testing site is limited to 
performing testing to the test standards for which OSHA has recognized 
FMRC, and for which the site has the proper capability and control 
programs.

Renewal of Recognition of Test Standards

    OSHA further limits the renewal of recognition of FMRC to testing 
and certification of products for demonstration of conformance to the 
test standards listed below (see Listing of Test Standards). OSHA has 
determined that each test standard meets the requirements for an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c). Some 
of the test standards for which OSHA previously recognized FMRC were no 
longer appropriate at the time of preparation of the preliminary 
notice, primarily because they had been withdrawn by the standards 
developing organization. Also, OSHA recently learned that one test 
standard listed in the preliminary notice, ANSI S12.15 Hydrogen Sulfide 
Detection Instruments, was withdrawn after publication of that notice. 
As a result, we have excluded these test standards in the listing 
below. However, under OSHA policy, the NRTL may request recognition for 
comparable test standards, i.e., other appropriate test standards 
covering comparable product testing. Since a number of NRTLs are 
similarly affected, 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.
    The Agency's recognition of FMRC, or any other NRTL, for a 
particular test standard is always limited to equipment or materials 
(products) for which OSHA standards require third party testing and 
certification before use in the workplace. Consequently, an NRTL's 
scope of recognition excludes any product(s) falling within the scope 
of the test standard for which OSHA has no testing and certification 
requirements.

Listing of Test Standards

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 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
ANSI 11  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

[[Page 47505]]

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-Washington 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 the notice of the preliminary 
finding.
    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 (http://www.ansi.org) and click 
``NSSN'' to find out whether or not a test standard is currently ANSI-
approved.

Conditions

    FMRC 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 facility 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 test standard 
developing organization 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 meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    FMRC will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, D.C. this 27 day of August, 2001.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 01-22827 Filed 9-11-01; 8:45 am]
BILLING CODE 4510-26-P