[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22523-22525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10331]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]


FM Approvals LLC: Application for Expansion of Recognition and 
Proposed Modification to the NRTL Program's List of Appropriate Test 
Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of FM 
Approvals, LLC, for expansion of its recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the Agency's 
preliminary finding to grant the application. Additionally, OSHA 
proposes to add four test standards to the NRTL Program's List of 
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before May 30, 2018.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0041, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office's normal business hours, 10:00 a.m. 
to 3:00 p.m., E.T.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2007-0041) for the Information Collection Request 
(ICR). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. For further information 
on submitting comments, see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the website. All submissions, 
including copyrighted material, are available for inspection at the 
OSHA Docket Office. You may also contact Kevin Robinson at the address 
below to obtain a copy of the ICR.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before May 30, 2018 to the Office of Technical 
Programs and Coordination Activities, Directorate of Technical Support 
and Emergency Management, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW, 
Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, telephone: (202) 693-1999 email: 
[email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, telephone: (202) 693-2110 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that FM Approvals, LLC, (FM), is applying 
for expansion of its current recognition as a NRTL. FM requests the 
addition of 28 test standards to its NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified in 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. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by its 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The Agency processes applications by a NRTL for initial recognition 
and for an 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. 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. OSHA maintains an informational web page for each NRTL, 
including FM, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    FM currently has two facilities (sites) recognized by OSHA for 
product testing and certification, with its headquarters located at: FM 
Approvals, LLC, 1151

[[Page 22524]]

Boston-Providence Turnpike, Norwood, Massachusetts 02062. A complete 
list of FM's scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/fm.html.

II. General Background on the Application

    FM submitted an application, dated July 15, 2016 (OSHA-2007-0041-
0008), to expand its recognition to include 28 additional test 
standards. OSHA staff performed a detailed analysis of the application 
packet and reviewed other pertinent information. OSHA did not perform 
any on-site reviews in relation to this application. In reviewing the 
application, OSHA determined that three of the requested standards had 
been withdrawn by a standards development organization; therefore, OSHA 
is not proposing to add those three standards to FM's NRTL scope of 
recognition.\1\
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    \1\ OSHA is simultaneously publishing a Federal Register notice 
that will remove those three standards from the NRTL List of 
Appropriate Standards.
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    Table 1 lists the appropriate test standards found in FM's 
application for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     FM's NRTL Scope of Recognition
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          Test standard                     Test standard title
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UL 50...........................  Enclosures for Electrical Equipment,
                                   Non-Environmental Considerations.
UL 50E..........................  Enclosures for Electrical Equipment,
                                   Environmental Considerations.
UL 60079-0......................  Explosive Atmospheres--Part 0:
                                   Equipment--General Requirements.
ISA 60079-0.....................  Explosive Atmospheres--Part 0:
                                   Equipment--General Requirements.
UL 60079-1......................  Standard for Explosive Atmospheres--
                                   Part 1: Equipment Protection by
                                   Flameproof Enclosures ``d''.
ISA 60079-1.....................  Standard for Explosive Atmospheres--
                                   Part 1: Equipment Protection by
                                   Flameproof Enclosures ``d''.
UL 60079-2......................  Standard for Explosive Atmospheres--
                                   Part 2: Equipment Protection by
                                   Pressurized Enclosures ``p''.
UL 60079-5......................  Standard for Explosive Atmospheres--
                                   Part 5: Equipment Protection by
                                   Powder Filling ``q''.
UL 60079-6......................  Standard for Explosive Atmosphere--
                                   Part 6: Equipment Protection Liquid
                                   Immersion ``o''.
ISA 60079-6.....................  Standard for Explosive Atmosphere--
                                   Part 6: Equipment Protection Liquid
                                   Immersion ``o''.
UL 60079-7......................  Standard for Explosive Atmospheres--
                                   Part 7: Equipment Protection by
                                   Increased Safety ``e''.
ISA 60079-7.....................  Standard for Explosive Atmospheres--
                                   Part 7: Equipment Protection by
                                   Increased Safety ``e''.
UL 60079-11.....................  Standard for Explosive Atmospheres--
                                   Part 11: Equipment Protection by
                                   Intrinsic Safety ``i''.
ISA 60079-11....................  Standard for Explosive Atmospheres--
                                   Part 11: Equipment Protection by
                                   Intrinsic Safety ``i''.
UL 60079-15.....................  Standard for Explosive Atmospheres--
                                   Part 15: Equipment Protection by Type
                                   of Protection ``n''.
ISA 60079-15....................  Standard for Explosive Atmospheres--
                                   Part 15: Equipment Protection by Type
                                   of Protection ``n''.
UL 60079-18.....................  Standard for Explosive Atmospheres--
                                   Part 18: Equipment Protection by
                                   Encapsulation ``m''.
UL 60079-25.....................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
ISA 60079-25*...................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
UL 60079-26*....................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
ISA 60079-26....................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
UL 60079-28*....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation.
ISA 60079-28....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation, Edition 1.1.
UL 60079-31*....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection by Enclosure ``t''.
ISA 60079-31....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection by Enclosure ``t''.
------------------------------------------------------------------------
* Represents the standard that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL List of Appropriate Test Standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
Agency evaluates the document to (1) verify it represents a product 
category for which OSHA requires certification by a NRTL, (2) verify 
the document represents an end product and not a component, and (3) 
verify the document defines safety test specifications (not 
installation or operational performance specifications).
    In this notice, OSHA proposes to add four new test standards to the 
NRTL Program's List of Appropriate Test Standards. Table 2, lists the 
test standards that are new to the NRTL Program. OSHA preliminarily 
determined that these test standards are appropriate test standards and 
proposes to include them in the NRTL Program's List of Appropriate Test 
Standards. OSHA seeks public comment on this preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
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          Test standard                     Test standard title
------------------------------------------------------------------------
ISA 60079-25....................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
UL 60079-28.....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation.
UL 60079-26.....................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
UL 60079-31.....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection Enclosure ``t''.
------------------------------------------------------------------------


[[Page 22525]]

IV. Preliminary Findings on the Application

    FM submitted an acceptable application for expansion of its scope 
of recognition. OSHA's review of the application file, and pertinent 
documentation, indicate that FM can meet the requirements prescribed by 
29 CFR 1910.7 for expanding its recognition to include the addition of 
these 25 test standards for NRTL testing and certification listed 
above, including 4 standards that will be added to OSHA's list of 
Appropriate Test Standards. This preliminary finding does not 
constitute an interim or temporary approval of FM's application.
    OSHA welcomes public comment as to whether FM meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition as a 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. Commenters must submit 
the written request for an extension by the due date for comments. OSHA 
will limit any extension to 10 days unless the requester justifies a 
longer period. OSHA may deny a request for an extension if the request 
is not adequately justified. To obtain or review copies of the exhibits 
identified in this notice, as well as comments submitted to the docket, 
contact the Docket Office, Room N-3653, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0041.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health regarding the application for 
recognition. The Assistant Secretary will make the final decision on 
granting the application. In making this decision, the Assistant 
Secretary may undertake other proceedings prescribed in Appendix A to 
29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the 
Federal Register.

IV. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on May 9, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-10331 Filed 5-14-18; 8:45 am]
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