[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81105-81107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25683]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]


FM Approvals LLC: Applications 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 applications of FM 
Approvals LLC for expansion of recognition as a Nationally Recognized 
Testing Laboratory (NRTL) and presents the agency's preliminary finding 
to grant the applications. Additionally, OSHA proposes to add fourteen 
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 December 6, 2023.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2007-0043). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. 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 through the OSHA Docket Office. Contact the OSHA Docket 
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before December 6, 2023 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-3653, 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, U.S. Department of Labor by phone: (202) 693-1999 or 
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 by phone: 
(202) 693-1911 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Applications for Expansion

    OSHA is providing notice that FM Approvals LLC (FM) is applying for 
an expansion of current recognition as a NRTL. FM requests the addition 
of fourteen test standards to the 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 the 
scope of recognition. Each NRTL's scope of recognition includes (1) the 
type of products the NRTL may test, with each type specified by the 
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 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 https://www.osha.gov/

[[Page 81106]]

nationally-recognized-testing-laboratory-program.
    FM currently has two facilities (sites) recognized by OSHA for 
product testing and certification, with the headquarters located at: FM 
Approvals LLC, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 
02062. A complete list of FM's scope of recognition is available at 
https://www.osha.gov/nationally-recognized-testing-laboratory-program.

II. General Background on the Applications

    FM submitted two applications to OSHA to expand recognition as a 
NRTL. The first application was submitted on September 20, 2019 (OSHA-
2007-0041-0021), to include ten test standards. The second application 
requesting the addition of six standards was submitted on May 3, 2021, 
(OSHA-2007-0041-0022). The first application was amended on September 
21, 2022 (OSHA-2007-0041-0023), to remove two standards from the 
original submission. The expansion covered in this notice includes the 
remaining fourteen standards across both applications. OSHA staff 
performed a detailed analysis of the application packets and reviewed 
other pertinent information. OSHA did not perform any on-site reviews 
in relation to these applications.
    Table 1 lists the appropriate test standards found in FM's 
applications 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
------------------------------------------------------------------------
*FM 1311..................................  Centrifugal Fire Pumps Split-
                                             Case Type (Axial or
                                             Radial).
*FM 1312..................................  Centrifugal Fire Pumps
                                             (Vertical Shaft, Turbine
                                             Type).
*FM 1313..................................  Positive Displacement Fire
                                             Pumps (Rotary Gear Type).
*FM 1319..................................  Centrifugal Fire Pumps
                                             (Horizontal, End Suction
                                             Type).
*FM1370...................................  Centrifugal Fire Pumps
                                             (Vertical Shaft, Turbine
                                             Type, Barrel).
*FM 1371..................................  Centrifugal Fire Pumps (In-
                                             Line Type).
*FM 3132..................................  Pressure Actuated Waterflow
                                             Switches.
*FM 3150..................................  Audible Notification
                                             Appliances for Automatic
                                             Fire Alarm Signaling.
*FM 3155..................................  Public Mode Visible
                                             Signaling Appliances for
                                             Automatic Fire Alarm
                                             Signaling.
*FM 3230..................................  Smoke Actuated Detectors for
                                             Automatic Fire Alarm
                                             Signaling.
*FM 3232..................................  Video Image Fire Detectors
                                             for Automatic Fire Alarm
                                             Signaling.
*FM 5320..................................  Dry Chemical Extinguishing
                                             Systems.
*FM 5420..................................  Carbon Dioxide Extinguishing
                                             Systems.
*FM 5600..................................  Clean Agent Extinguishing
                                             Systems.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standards 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 a product and not a component, and (3) verify 
the document defines safety test specifications (not installation or 
operational performance specifications). OSHA becomes aware of new test 
standards through various avenues. For example, OSHA may become aware 
of new test standards by: (1) monitoring notifications issued by 
certain Standards Development Organizations; (2) reviewing applications 
by NRTLs or applicants seeking recognition to include new test standard 
in their scopes of recognition; and (3) obtaining notification from 
manufacturers, manufacturing organizations, government agencies, or 
other parties. OSHA may determine to include a new test standard in the 
list, for example, if the test standard is for a particular type of 
product that another test standard also covers, or it covers a type of 
product that no standard previously covered.
    In this notice, OSHA proposes to add fourteen new test standards to 
the NRTL Program's list of appropriate test standards. Table 2, below, 
lists the test standards that are new to the NRTL Program. OSHA 
preliminarily determined that these test standards are appropriate 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--Standards OSHA Is Proposing to Add to the NRTL Program's List
                      of Appropriate Test Standards
------------------------------------------------------------------------
               Test standard                     Test standard title
------------------------------------------------------------------------
FM 1311...................................  Centrifugal Fire Pumps Split-
                                             Case Type (Axial or
                                             Radial).
FM 1312...................................  Centrifugal Fire Pumps
                                             (Vertical Shaft, Turbine
                                             Type).
FM 1313...................................  Positive Displacement Fire
                                             Pumps (Rotary Gear Type).
FM 1319...................................  Centrifugal Fire Pumps
                                             (Horizontal, End Suction
                                             Type).
FM1370....................................  Centrifugal Fire Pumps
                                             (Vertical Shaft, Turbine
                                             Type, Barrel).
FM 1371...................................  Centrifugal Fire Pumps (In-
                                             Line Type).
FM 3132...................................  Pressure Actuated Waterflow
                                             Switches.
FM 3150...................................  Audible Notification
                                             Appliances for Automatic
                                             Fire Alarm Signaling.
FM 3155...................................  Public Mode Visible
                                             Signaling Appliances for
                                             Automatic Fire Alarm
                                             Signaling.
FM 3230...................................  Smoke Actuated Detectors for
                                             Automatic Fire Alarm
                                             Signaling.
FM 3232...................................  Video Image Fire Detectors
                                             for Automatic Fire Alarm
                                             Signaling.
FM 5320...................................  Dry Chemical Extinguishing
                                             Systems.
FM 5420...................................  Carbon Dioxide Extinguishing
                                             Systems.
FM 5600...................................  Clean Agent Extinguishing
                                             Systems.
------------------------------------------------------------------------


[[Page 81107]]

IV. Preliminary Findings on the Applications

    FM submitted acceptable applications for expansion of the scope of 
recognition. OSHA's review of the application files, and pertinent 
documentation, indicate that FM can meet the requirements prescribed by 
29 CFR 1910.7 for expanding the recognition to include the addition of 
these fourteen test standards for NRTL testing and certification listed 
above. This preliminary finding does not constitute an interim or 
temporary approval of FM's application.

V. Public Participation

    OSHA welcomes public comment as to whether FM meets the 
requirements of 29 CFR 1910.7 for expansion of 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 by the due date for 
comments. OSHA will limit any extension to 10 days unless the requester 
justifies a longer time period. OSHA may deny a request for an 
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well 
as comments submitted to the docket, contact the Docket Office, 
Occupational Safety and Health Administration, U.S. Department of 
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2007-0043 (for further 
information, see the ``Docket'' heading in the section of this notice 
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
staff will make a recommendation to the Assistant Secretary of Labor 
for Occupational Safety and Health on whether to grant FM's 
applications for expansion of the scope of recognition. The Assistant 
Secretary will make the final decision on granting the applications. 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 the final decision in the 
Federal Register.

VI. Authority and Signature

    James S. Frederick, Deputy 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 section 29 U.S.C. 657(g)(2), 
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020), 
and 29 CFR 1910.7.

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-25683 Filed 11-20-23; 8:45 am]
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