83 FR 49126 - 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 189 (September 28, 2018)
Occupational Safety and Health Administration
Federal Register Volume 83, Issue 189 (September 28, 2018)
| Page Range | 49126-49128 | |
| FR Document | 2018-21159 |
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)] [Notices] [Pages 49126-49128] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21159] ======================================================================= ----------------------------------------------------------------------- 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 the final decision to expand the scope of recognition for FM Approvals, LLC (FM), as a NRTL to include twenty six additional test standards. 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 September 28, 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: 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 a preliminary finding and, 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 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 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 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, capability to meet the requirements of the test standards, and other pertinent information. Based on a review of this evidence, OSHA finds that FM meets the requirements of 29 CFR 1910.7 for expansion of 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. [[Page 49127]] 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 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 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. [[Page 49128]] Signed at Washington, DC, on September 24, 2018. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2018-21159 Filed 9-27-18; 8:45 am] BILLING CODE 4510-26-P
![49126 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
Overview of This Information standards to the NRTL Program’s List of from the agency’s website at http://
Collection Appropriate Test Standards. www.osha.gov/dts/otpca/nrtl/
(1) Type of Information Collection: DATES: The expansion of the scope of index.html.
Revision of a currently approved recognition becomes applicable on FM submitted an application, dated
collection. September 28, 2018. July 15, 2016, (OSHA–2007–0041–0008)
(2) Title of the Form/Collection: FOR FURTHER INFORMATION CONTACT: to expand its recognition to include 28
Records Modification Form. Information regarding this notice is additional test standards. OSHA staff
(3) Agency form number: FD–1115. available from the following sources: performed a detailed analysis of the
(4) Affected public who will be asked Press inquiries: Contact Mr. Frank application packet and reviewed other
or required to respond, as well as a brief Meilinger, Director, OSHA Office of pertinent information. In reviewing the
abstract: Primary: This form is utilized Communications, telephone: (202) 693– application, OSHA determined that
by criminal justice and affiliated 1999, email: meilinger.francis2@dol.gov. three of the requested standards had
judicial agencies to request appropriate General and technical information: been withdrawn by the controlling
modification of criminal history Contact Mr. Kevin Robinson, Director, standards development organization;
information from an individual’s record. Office of Technical Programs and therefore, OSHA cannot add those three
(5) An estimate of the total number of Coordination Activities, Directorate of standards to FM’s NRTL scope of
respondents and the amount of time Technical Support and Emergency recognition. Additionally, one of the
estimated for an average respondent to Management, Occupational Safety and requested standards, ISA 60079–26, has
respond: It is estimated that 43,584 Health Administration, U.S. Department been superseded by UL 60079–26,
respondents are authorized to complete of Labor; telephone: (202) 693–2110 or which was also included in FM’s
the form which would require email: robinson.kevin@dol.gov. OSHA’s expansion application. Accordingly,
approximately 10 minutes. web page includes information about OSHA will add the active standard, not
(6) An estimate of the total public the NRTL Program (see http:// the superseded one, and OSHA will
burden (in hours) associated with the www.osha.gov/dts/otpca/nrtl/ grant recognition to 24 standards in the
collection: There are an estimated index.html). final expansion. OSHA did not perform
19,882 total annual burden hours any on-site reviews in relation to this
SUPPLEMENTARY INFORMATION:
associated with this collection. application.
If additional information is required I. Notice of Final Decision OSHA published the preliminary
contact: Melody Braswell, Department OSHA hereby gives notice of the notice announcing FM’s expansion
Clearance Officer, United States expansion of the scope of recognition of application in the Federal Register on
Department of Justice, Justice FM Approvals, LLC, as a NRTL. FM’s May 15, 2018, (83 FR 22523). The
Management Division, Policy and expansion covers the addition of 24 test agency requested comments by May 30,
Planning Staff, Two Constitution standards to its scope of recognition. 2018, but it received no comments in
Square, 145 N Street NE, 3E.405A, OSHA recognition of a NRTL signifies response to this notice. OSHA is now
Washington, DC 20530. that the organization meets the proceeding with this final notice to
Dated: September 14, 2018. requirements specified by 29 CFR grant expansion of FM’s scope of
Melody Braswell, 1910.7. Recognition is an recognition.
Department Clearance Officer for PRA, U.S. acknowledgment that the organization To obtain or review copies of all
Department of Justice. can perform independent safety testing public documents pertaining to FM’s
[FR Doc. 2018–20353 Filed 9–27–18; 8:45 am] and certification of the specific products application, go to http://
BILLING CODE 4410–02–P
covered within its scope of recognition www.regulations.gov or contact the
and is not a delegation or grant of Docket Office, Occupational Safety and
government authority. As a result of Health Administration, U.S. Department
recognition, employers may use of Labor, 200 Constitution Avenue NW,
DEPARTMENT OF LABOR
products properly approved by the Room N–3653, Washington, DC 20210.
Occupational Safety and Health NRTL to meet OSHA standards that Docket No. OSHA–2007–0041 contains
Administration require testing and certification of the all materials in the record concerning
products. FM’s recognition.
[Docket No. OSHA–2007–0041] The agency processes applications by
II. Final Decision and Order
a NRTL for initial recognition, or for
FM Approvals LLC: Grant of Expansion
expansion or renewal of this OSHA staff examined FM’s expansion
of Recognition and Modification to the
recognition, following requirements in application, capability to meet the
Nationally Recognized Testing
Appendix A to 29 CFR 1910.7. This requirements of the test standards, and
Laboratory (NRTL) Program’s List of
appendix requires that the agency other pertinent information. Based on a
Appropriate Test Standards
publish two notices in the Federal review of this evidence, OSHA finds
AGENCY: Occupational Safety and Health Register in processing an application. In that FM meets the requirements of 29
Administration (OSHA), Labor. the first notice, OSHA announces the CFR 1910.7 for expansion of
ACTION: Notice. application and provides a preliminary recognition, subject to the specified
finding and, in the second notice, the limitation and conditions listed below.
SUMMARY: In this notice, OSHA agency provides the final decision on OSHA, therefore, is proceeding with
announces the final decision to expand the application. These notices set forth this final notice to grant FM’s scope of
amozie on DSK3GDR082PROD with NOTICES1
the scope of recognition for FM the NRTL’s scope of recognition or recognition. OSHA limits the expansion
Approvals, LLC (FM), as a NRTL to modifications of that scope. OSHA of FM’s recognition to testing and
include twenty six additional test maintains an informational web page for certification of products for
standards. In addition, OSHA each NRTL that details its scope of demonstration of conformance to the
announces the addition of four test recognition. These pages are available test standards listed below in Table 1.
VerDate Sep<11>2014 19:22 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/83_FR_49315/page/1.svg)
![49128 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
Signed at Washington, DC, on September I. Notice of Final Decision 1910.7; indeed, this standard is not
24, 2018. included on the NRTL Program’s List of
Loren Sweatt,
OSHA hereby gives notice of the
expansion of the scope of recognition of Appropriate Test Standards. The types
Deputy Assistant Secretary of Labor for of products covered by UL 2703 do not
Occupational Safety and Health.
Underwriters Laboratories, Inc., as a
NRTL. UL’s expansion covers the fit into any of the categories covered by
[FR Doc. 2018–21159 Filed 9–27–18; 8:45 am]
addition of 26 test standards to its scope OSHA’s NRTL Program. Specifically,
BILLING CODE 4510–26–P
of recognition. the standard covers mechanical
OSHA recognition of a NRTL signifies products, while OSHA’s NRTL Program
that the organization meets the addresses mainly electrical end
DEPARTMENT OF LABOR products. Accordingly, OSHA declines
requirements specified by 29 CFR
1910.7. Recognition is an to add UL 2703 to the NRTL Program’s
Occupational Safety and Health
acknowledgment that the organization List of Appropriate Test Standards and
Administration
can perform independent safety testing rejects UL’s application to add the
[Docket No. OSHA–2009–0025] and certification of the specific products standard to its scope of recognition.
covered within the scope of recognition OSHA staff performed a detailed
Underwriters Laboratories, Inc.: Grant analysis of the application packet and
of Expansion of Recognition and and is not a delegation or grant of
government authority. As a result of reviewed other pertinent information.
Modification to the Nationally OSHA did not perform any on-site
Recognized Testing Laboratory (NRTL) recognition, employers may use
products properly approved by the reviews in relation to this application.
Program’s List of Appropriate Test
Standards NRTL to meet OSHA standards that OSHA published the preliminary
require testing and certification of the notice announcing UL’s expansion
AGENCY: Occupational Safety and Health products. application in the Federal Register on
Administration (OSHA), Labor. The agency processes applications by April 20, 2018, (83 FR 17568). The
ACTION: Notice. a NRTL for initial recognition, or for agency requested comments by May 7,
expansion or renewal of this 2018, but it received no timely
SUMMARY: In this notice, OSHA recognition, following requirements in comments in response to this notice.
announces the final decision to expand Appendix A to 29 CFR 1910.7. This OSHA is now proceeding with this final
the scope of recognition for appendix requires the Agency publish
Underwriters Laboratories, Inc., (UL) as notice to grant expansion of UL’s scope
two notices in the Federal Register in of recognition.
a NRTL to include 26 additional test processing an application. In the first
standards. In addition, OSHA To obtain or review copies of all
notice, OSHA announces the
announces the addition of 22 test public documents pertaining to UL’s
application and provides a preliminary
standards to the NRTL Program’s List of application, go to http://
finding and, in the second notice, the
Appropriate Test Standards. www.regulations.gov or contact the
Agency provides the final decision on
DATES: The expansion of the scope of Docket Office, Occupational Safety and
the application. These notices set forth
recognition becomes applicable on Health Administration, U.S. Department
the NRTL’s scope of recognition or
September 28, 2018. of Labor, 200 Constitution Avenue NW,
modifications of that scope. OSHA
FOR FURTHER INFORMATION CONTACT: maintains an informational web page for Room N–3653, Washington, DC 20210.
Information regarding this notice is each NRTL that details its scope of Docket No. OSHA–2009–0025 contains
available from the following sources: recognition. These pages are available all materials in the record concerning
Press inquiries: Contact Mr. Frank from the agency’s website at http:// UL’s recognition.
Meilinger, Director, OSHA Office of www.osha.gov/dts/otpca/nrtl/ II. Final Decision and Order
Communications, U.S. Department of index.html.
Labor, telephone: (202) 693–1999; UL submitted an application, dated OSHA staff examined UL’s expansion
email: meilinger.francis2@dol.gov. May 31, 2017, (OSHA–2009–0025–0020) application, capability to meet the
General and technical information: to expand its recognition to include 26 requirements of the test standards, and
Contact Mr. Kevin Robinson, Director, additional test standards. This other pertinent information. Based on a
Office of Technical Programs and application was updated on November review of this evidence, OSHA finds
Coordination Activities, Directorate of 1, 2017, (OSHA–2009–0025–0021) to that UL meets the requirements of 29
Technical Support and Emergency include an additional standard, for a CFR 1910.7 for expansion of its
Management, Occupational Safety and total of 27 standards. OSHA determined recognition, subject to the specified
Health Administration, U.S. Department that one of the standards requested in limitation and conditions listed below.
of Labor, phone: (202) 693–2110 or UL’s application, UL 2703, ‘‘Standard OSHA, therefore, is proceeding with
email: robinson.kevin@dol.gov. OSHA’s for Mounting System, Mounting this final notice to grant UL’s scope of
web page includes information about Devices, Clamping/Retention Devices, recognition. OSHA limits the expansion
the NRTL Program (see http:// and Ground Lugs for Use with Flat-Plate of UL’s recognition to testing and
www.osha.gov/dts/otpca/nrtl/ Photovoltaic Modules and Panels,’’ does certification of products for
index.html). not meet the requirements for an demonstration of conformance to the
SUPPLEMENTARY INFORMATION: appropriate test standard in 29 CFR test standards listed, below in Table 1.
TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN UL’S NRTL SCOPE OF RECOGNITION
amozie on DSK3GDR082PROD with NOTICES1
Test standard Test standard title
TIA 4950 * ............... Requirements for Battery-Powered, Portable Land Mobile Radio Applications in Class I, II, and III, Division 1, Hazardous
(Classified) Locations.
UL 25A * .................. Standard for Meters for Gasoline and Gasoline/Ethanol Blends with Nominal Ethanol Concentrations up to 85 Percent
(E0–E85).
VerDate Sep<11>2014 19:22 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/83_FR_49315/page/3.svg)
Document Created: 2018-09-28 01:23:48
Document Modified: 2018-09-28 01:23:48
| 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 September 28, 2018. | |
| Contact | Information regarding this notice is available from the following sources: | |
| FR Citation | 83 FR 49126 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR