[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88972-88974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28338]


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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, as a Nationally 
Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the 
final decision to add fourteen test standards to the NRTL Program's 
list of appropriate test standards.

DATES: The expansion of the scope of recognition becomes effective on 
December 26, 2023.

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; telephone: 
(202) 693-1911; email: [email protected]. OSHA's web page includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of the Applications for Expansion

    OSHA hereby gives notice of the expansion of the scope of 
recognition for FM Approvals LLC (FM). FM's expansion covers 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, as well as for an expansion or renewal of 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 the 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 that NRTL's scope of recognition. These 
pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html.

[[Page 88973]]

    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.
    OSHA published the preliminary notice announcing FM's expansion 
applications in the Federal Register on November 21, 2023 (88 FR 
81105). The agency requested comments by December 6, 2023, but it 
received no comments in response to this notice. OSHA is now proceeding 
with this final notice to grant expansion of FM's NRTL scope of 
recognition.
    To review copies of all public documents pertaining to FM's 
expansion applications, go to https://www.regulations.gov or contact 
the Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor at (202) 693-2350. Docket No. OSHA-20007-0041 
contains all materials in the record concerning FM's recognition. All 
submissions, including copyrighted material, are available for 
inspection through the OSHA Docket Office. Contact the OSHA Docket 
Office at (202) 693-2350 for assistance in locating docket submissions.

II. Final Decision and Order

    OSHA staff examined FM's expansion applications, 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 shown below in table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in FM's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
           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).
* FM 1370.........................  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

    In this notice, OSHA also announces the final decision to add 
fourteen new test standards to the NRTL Program's List of Appropriate 
Test Standards. Table 2 below lists the standards that are new to the 
NRTL Program. OSHA has determined that these test standards are 
appropriate test standards and will add them to the NRTL Program's List 
of Appropriate Test Standards.

     Table 2--Standards OSHA Is Adding 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.
------------------------------------------------------------------------

    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

[[Page 88974]]

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 standards listed above as American National Standards. However, 
for convenience, the use of the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation may 
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-
004, Chapter 2, Section VIII), only standards determined to be 
appropriate test standards may be approved for NRTL recognition. 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 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 fourteen standards to the NRTL 
Program's List of Appropriate Test Standards.

III. 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. 2023-28338 Filed 12-22-23; 8:45 am]
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