83 FR 38181 - FM Approvals LLC: Grant of Expansion of Recognition and Modification to the Nationally Recognized Testing Laboratory (NRTL) Program's List of Appropriate Test Standards
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 83, Issue 150 (August 3, 2018)
Occupational Safety and Health Administration
Federal Register Volume 83, Issue 150 (August 3, 2018)
| Page Range | 38181-38183 | |
| FR Document | 2018-16617 |
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)] [Notices] [Pages 38181-38183] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16617] ----------------------------------------------------------------------- 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 Nationally Recognized Testing Laboratory (NRTL) Program's List of Appropriate Test Standards AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this notice, OSHA announces its final decision to expand the scope of recognition for FM Approvals, LLC (FM), as a NRTL. In addition, OSHA announces the addition of four test standards to the NRTL Program's List of Appropriate Test Standards. DATES: The expansion of the scope of recognition becomes applicable on August 3, 2018. 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, U.S. Department of Labor; telephone: (202) 693-2110 or 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: [[Page 38182]] I. Notice of Final Decision OSHA hereby gives notice of the expansion of the scope of recognition of FM Approvals, LLC, as a NRTL. FM's expansion covers the addition of 24 test standards to its scope of recognition. 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, 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. OSHA maintains an informational web page for each NRTL that details its scope of recognition. These pages are available from the Agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html. 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. In reviewing the application, OSHA determined that three of the requested standards had been withdrawn by the controlling standards development organization; therefore, OSHA cannot add those three standards to FM's NRTL scope of recognition. Additionally, one of the requested standards, ISA 60079- 26, has been superseded by UL 60079-26, which was also included in FM's expansion application. Accordingly, OSHA will add the active standard, not the superseded one, and OSHA will grant recognition to 24 standards in the final expansion. 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 May 15, 2018 (83 FR 22523). The Agency requested comments by May 30, 2018, but it received no comments in response to this notice. OSHA now is 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 http://www.regulations.gov or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3653, Washington, DC 20210. Docket No. OSHA-2007-0041 contains all materials in the record concerning FM's recognition. II. Final Decision and Order OSHA staff examined FM's expansion application, its 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 specified limitation 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 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 ------------------------------------------------------------------------ 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 Enclosure ``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 by Liquid Immersion ``o''. ISA 60079-6.............. Standard for Explosive Atmosphere--Part 6: Equipment Protection by 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'' (Edition 4). 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. 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 a standard that OSHA proposes to add to the NRTL Program's List of Appropriate Test Standards. In this notice, OSHA also announces the addition of four 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 has [[Page 38183]] determined that these test standards are appropriate test standards and will include them in the NRTL Program's List of Appropriate Test Standards. Table 2--Test Standards OSHA Is Adding to the NRTL Program's List of Appropriate Test Standards ------------------------------------------------------------------------ Test standard Test standard title ------------------------------------------------------------------------ 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. UL 60079-28.............. Standard for Explosive Atmospheres--Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation. UL 60079-31.............. Standard for Explosive Atmospheres--Part 31: Equipment Dust Ignition Protection Enclosure ``t''. ------------------------------------------------------------------------ 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 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 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 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 limitation and conditions specified above. 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 July 30, 2018. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2018-16617 Filed 8-2-18; 8:45 am] BILLING CODE 4510-26-P
![Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38181
1970 (OSH Act) (29 U.S.C. 651 et seq.) Affected Public: Businesses or other V. Authority and Signature
authorizes information collection by for-profits. Loren Sweatt, Deputy Assistant
employers as necessary or appropriate Frequency: On occasion. Secretary of Labor for Occupational
for enforcement of the OSH Act, or for Average Time per Response: 0. Safety and Health, directed the
developing information regarding the preparation of this notice. The authority
Estimated Total Burden Hours: 1.
causes and prevention of occupational for this notice is the Paperwork
injuries, illnesses, and accidents (29 Estimated Cost (Operation and
Maintenance): $0. Reduction Act of 1995 (44 U.S.C. 3506
U.S.C. 657). The OSH Act also requires et seq.) and Secretary of Labor’s Order
that OSHA obtain such information IV. Public Participation—Submission of No. 1–2012 (77 FR 3912).
with minimum burden upon employers, Comments on This Notice and Internet
especially those operating small Signed at Washington, DC, on July 30,
Access to Comments and Submissions
businesses, and to reduce to the 2018.
maximum extent feasible unnecessary You may submit comments in Loren Sweatt,
duplication of efforts in obtaining response to this document as follows: Deputy Assistant Secretary of Labor for
information (29 U.S.C. 657). (1) Electronically at http:// Occupational Safety and Health.
The information collection www.regulations.gov, which is the [FR Doc. 2018–16614 Filed 8–2–18; 8:45 am]
requirements in the DBCP Standard Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P
provide protection for workers from the facsimile (fax); or (3) by hard copy. All
adverse health effects associated with comments, attachments, and other
exposure to DBCP. In this regard, the material must identify the agency name DEPARTMENT OF LABOR
DBCP Standard requires employers to: and the OSHA docket number for the
Monitor workers’ exposure to DBCP; ICR (Docket No. OSHA–2012–0010). Occupational Safety and Health
monitor worker health; and provide You may supplement electronic Administration
workers with information about their submissions by uploading document
exposures and the health effects of files electronically. If you wish to mail [Docket No. OSHA–2007–0041]
exposure to DBCP. additional materials in reference to an
electronic or facsimile submission, you FM Approvals LLC: Grant of Expansion
II. Special Issues for Comment must submit them to the OSHA Docket of Recognition and Modification to the
OSHA has a particular interest in Office (see the section of this notice Nationally Recognized Testing
comments on the following issues: titled ADDRESSES). The additional Laboratory (NRTL) Program’s List of
• Whether the proposed information materials must clearly identify Appropriate Test Standards
collection requirements are necessary electronic comments by your name,
AGENCY: Occupational Safety and Health
for the proper performance of the date, and the docket number so the
Administration (OSHA), Labor.
agency’s functions, including whether agency can attach them to your
the information is useful; comments. ACTION: Notice.
• the accuracy of OSHA’s estimate of Because of security procedures, the SUMMARY: In this notice, OSHA
the burden (time and costs) of the use of regular mail may cause a announces its final decision to expand
information collection requirements, significant delay in the receipt of the scope of recognition for FM
including the validity of the comments. For information about Approvals, LLC (FM), as a NRTL. In
methodology and assumptions used; security procedures concerning the
• the quality, utility, and clarity of addition, OSHA announces the addition
delivery of materials by hand, express of four test standards to the NRTL
the information collected; and delivery, messenger, or courier service,
• ways to minimize the burden on Program’s List of Appropriate Test
please contact the OSHA Docket Office Standards.
employers who must comply; for at (202) 693–2350, TTY (877) 889–
example, by using automated or other 5627). DATES: The expansion of the scope of
technological information collection recognition becomes applicable on
Comments and submissions are
and transmission techniques. August 3, 2018.
posted without change at http://
III. Proposed Actions www.regulations.gov. Therefore, OSHA FOR FURTHER INFORMATION CONTACT:
cautions commenters about submitting Information regarding this notice is
After extensive research, OSHA found available from the following sources:
no U.S. employer who currently personal information such as their
social security number and date of birth. Press inquiries: Contact Mr. Frank
produces DBCP or DBCP-based end-use Meilinger, Director, OSHA Office of
products, most likely because the Although all submissions are listed in
the http://www.regulations.gov index, Communications, telephone: (202) 693–
Environmental Protection Agency (EPA) 1999, email: meilinger.francis2@dol.gov.
registration suspension for this some information (e.g., copyrighted
material) is not publicly available to General and technical information:
substance remains in effect; therefore, Contact Mr. Kevin Robinson, Director,
no cost or time burdens accrue to read or download from this website. All
submissions, including copyrighted Office of Technical Programs and
employers under the Standard. The Coordination Activities, Directorate of
agency requests OMB approval of the material, are available for inspection
and copying at the OSHA Docket Office. Technical Support and Emergency
information collection provisions as a Management, Occupational Safety and
one hour burden under the paperwork Information on using the http://
www.regulations.gov website to submit Health Administration, U.S. Department
requirements if EPA lifts the suspension
amozie on DSK3GDR082PROD with NOTICES1
comments and access the docket is of Labor; telephone: (202) 693–2110 or
or technology develops new email: robinson.kevin@dol.gov. OSHA’s
applications for DBCP. available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office web page includes information about
Type of Review: Extension of a
for information about materials not the NRTL Program (see http://
currently approved collection.
available from the website, and for www.osha.gov/dts/otpca/nrtl/
Title: 1, 2-Dibromo-3-Chloropropane
assistance in using the internet to locate index.html).
(DBCP) Standard (29 CFR 1910.1044).
OMB Control Number: 1218–0101. docket submissions. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38183
determined that these test standards are include them in the NRTL Program’s
appropriate test standards and will List of Appropriate Test Standards.
TABLE 2—TEST STANDARDS OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Test standard Test standard title
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.
UL 60079–28 .... Standard for Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radiation.
UL 60079–31 .... Standard for Explosive Atmospheres—Part 31: Equipment Dust Ignition Protection Enclosure ‘‘t’’.
OSHA’s recognition of any NRTL for Authority and Signature non-governmental, public-private
a particular test standard is limited to Loren Sweatt, Deputy Assistant partnership would address operational
equipment or materials for which OSHA Secretary of Labor for Occupational and strategic challenges facing the
standards require third-party testing and Safety and Health, authorized the Federal Government, both now and into
certification before using them in the preparation of this notice. Accordingly, the future, by engaging researchers,
workplace. Consequently, if a test the Agency is issuing this notice academics, non-profits, and private
standard also covers any products for pursuant to 29 U.S.C. 657(g)(2), industry across an array of disciplines,
which OSHA does not require such Secretary of Labor’s Order No. 1–2012 such as data science, organizational
testing and certification, a NRTL’s scope (77 FR 3912, Jan. 25, 2012), and 29 CFR behavior, and user-centered design.
of recognition does not include these 1910.7. Through applied research and live
products. pilot testing, the GEAR Center would
Signed at Washington, DC, on July 30,
The American National Standards 2018. connect cutting-edge thinking with real-
Institute (ANSI) may approve the test Loren Sweatt, world challenges the Federal
standards listed above as American Deputy Assistant Secretary of Labor for Government faces in serving Americans
National Standards. However, for Occupational Safety and Health. in the Digital Age. This means re-
convenience, the use of the designation [FR Doc. 2018–16617 Filed 8–2–18; 8:45 am]
imagining possibilities for how citizens
of the standards-developing interact with the Government;
BILLING CODE 4510–26–P
organization for the standard as opposed rethinking the delivery of citizen
to the ANSI designation may occur. services and data; reforming core
Under the NRTL Program’s policy (see processes (e.g., procurement, budget, IT
OFFICE OF MANAGEMENT AND
OSHA Instruction CPL 1–0.3, Appendix investment and capital allocation); and
BUDGET
C, paragraph XIV), any NRTL exploring how the public-sector
recognized for a particular test standard Notice of Request for Information: workforce can be developed, reskilled
may use either the proprietary version Establishing a Government and redeployed in creative ways.
of the test standard or the ANSI version Effectiveness Advanced Research DATES: September 14, 2018.
of that standard. Contact ANSI to (GEAR) Center
determine whether a test standard is ADDRESSES: Submissions are due on
currently ANSI-approved. AGENCY: Office of Management and September 14, 2018 through email to
Budget (OMB), Executive Office of the performance@omb.eop.gov.
A. Conditions President.
SUPPLEMENTARY INFORMATION:
In addition to those conditions ACTION: Notice of request for
already required by 29 CFR 1910.7, FM information: Establishing a Government Instructions for Written Responses
must abide by the following conditions Effectiveness Advanced Research
(GEAR) Center. Interested parties should provide
of the recognition: written responses to the questions
1. FM must inform OSHA as soon as SUMMARY: The Executive Office of the outlined in the ‘‘Purpose of This RFI’’
possible, in writing, of any change of President seeks input from across section. Submissions are due on
ownership, facilities, or key personnel, sectors and disciplines on capabilities September 14, 2018 through email to
and of any major change in its that already exist as well as key performance@omb.eop.gov.
operations as a NRTL, and provide considerations in pursuing the Please include the below in your
details of the change(s); Government Effectiveness Advanced response, limiting this portion of your
2. FM must meet all the terms of its Research (GEAR) Center initiative response to one page:
recognition and comply with all OSHA through a request for information (RFI) • The name of the individual(s) and/
policies pertaining to this recognition; now available on or organization responding.
and www.Performance.gov/GEARcenter.
The Federal Government intends to • A brief description of the
3. FM must continue to meet the pursue a Government Effectiveness responding individual(s) or
requirements for recognition, including Advanced Research (GEAR) Center, organization’s mission and/or areas of
all previously published conditions on which would be a public-private expertise, including any public-private
amozie on DSK3GDR082PROD with NOTICES1
FM’s scope of recognition, in all areas partnership focused on applied research partnership work within the past three
for which it has recognition. that improves mission delivery, citizen years with Federal, State, or local
Pursuant to the authority in 29 CFR services, and stewardship of public governments that is relevant to applied
1910.7, OSHA hereby expands the scope resources, as proposed in Delivering research on workforce reskilling and
of recognition of FM, subject to the Government Solutions for the 21st data commercialization.
limitation and conditions specified Century: Reform Plan and • A contact for questions or other
above. Reorganization Recommendations. This follow-up on your response.
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Document Created: 2018-11-06 10:34:43
Document Modified: 2018-11-06 10:34:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The expansion of the scope of recognition becomes applicable on August 3, 2018. | |
| Contact | Information regarding this notice is available from the following sources: | |
| FR Citation | 83 FR 38181 |
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