[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24898-24900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09800]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]


FM Approvals LLC: Grant of Expansion of Recognition and 
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 final decision to expand 
the scope of recognition for FM Approvals LLC for expansion of 
recognition as a Nationally Recognized Testing Laboratory (NRTL). 
Additionally, OSHA announces the final decision to modify the NRTL 
Program's List of Appropriate Test Standards to include one additional 
test standard.

DATES: The expansion of the scope of recognition become effective on 
May 10, 2021.

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, U.S. Department of Labor, 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, U.S. Department of Labor, phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of FM Approvals LLC (FM) as a NRTL. This expansion covers 
the addition of five test standards to FM's NRTL scope

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of recognition, one of which will be added to the NRTL Program's List 
of Appropriate Test Standards.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified by 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 approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    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 a preliminary finding. In the second notice, 
the agency provides the 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 submitted an application to OSHA to expand recognition as a NRTL 
to include five additional test standards on May 16, 2019 (OSHA-2007-
0041-0014). 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.
    OSHA published the preliminary notice announcing FM's expansion 
application in the Federal Register on February 26, 2021 (86 FR 11794). 
The agency requested comments by March 15, 2021, but it received no 
comments in response to this notice. OSHA is now proceeding with this 
final notice to grant expansion of FM's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
FM's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor; (202) 693-2350. Docket No. OSHA-2007-0041 contains all 
materials in the record concerning FM's recognition. Please note: While 
OSHA's Docket Office is continuing to accept and process submissions by 
regular mail, due to the COVD-19 pandemic, the Docket Office is closed 
to the public and not able to receive submissions to the docket by 
hand, express mail, messenger, and courier service.

II. Final Decision and Order

    OSHA staff examined FM's expansion application, their capability to 
meet the requirements of the test standards, and other pertinent 
information. Based on its review of this evidence, OSHA finds that FM 
meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition, subject to the limitations and conditions listed below. 
OSHA, therefore, is proceeding with this final notice to grant FM's 
scope of recognition. OSHA limits the expansion of FM's recognition to 
testing and certification of products for demonstration of conformance 
to the test standards listed in Table 1 below.

           Table 1--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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* ANSI FM 3265......................................  Spark Detection and Extinguishing Systems.
UL 268..............................................  Smoke Detectors for Fire Alarm Systems.
UL 1971.............................................  Signaling Devices for the Hearing Impaired.
UL 2127.............................................  Inert Gas Clean Agent Extinguishing System Units.
UL 2166.............................................  Halocarbon Clean Agent Extinguishing System Units.
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* Represents the standard that OSHA is adding to the NRTL Program's List of Appropriate Test Standards.

    In this notice, OSHA also announces the addition of a new test 
standard to the NRTL Program's List of Appropriate Test Standards. 
Table 2 below lists the standard that is new to the NRTL Program. OSHA 
has determined that this test standard is an appropriate test standard 
and will add it to the NRTL Program's List of Appropriate Test 
Standards.

       Table 2--Standard OSHA Is Proposing To Add to the NRTL Program's List of Appropriate Test Standards
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                    Test standard                                         Test standard title
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ANSI FM 3265........................................  Spark Detection and Extinguishing Systems.
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    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standard listed above as an American National Standard. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized for a particular test standard may 
use either the proprietary version of the test standard or the ANSI 
version of that standard. Contact ANSI to determine whether a test 
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
FM must abide by the following conditions of the recognition:
    1. FM must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its

[[Page 24900]]

operations as a NRTL, and provide details of the change(s);
    2. FM must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. FM must continue to meet the requirements for recognition, 
including all previously published conditions on FM's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of FM, subject to the limitations and conditions 
specified above. OSHA also adds one standard to the NRTL Program's List 
of Appropriate Test Standards.

III. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW, Washington, 
DC 20210, 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. 8-2020 (85 FR 58393, September 18, 2020) 
and 29 CFR 1910.7.

    Signed at Washington, DC, on May 4, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-09800 Filed 5-7-21; 8:45 am]
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