[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51154-51155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17879]


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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

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).

DATES: The expansion of the scope of recognition becomes effective on 
August 19, 2022.

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 
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; telephone 
(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. FM's expansion covers 
the addition of one test standard 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 an application by a NRTL for initial 
recognition and for an expansion or renewal of this recognition, 
following requirements in Appendix A, 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 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 dated November 3, 2021 (OSHA-2007-0041-
0018), to expand their recognition to include one additional test 
standard. The standard requested in the expansion application is a 
replacement standard for ISA 12.12.01, which is currently included in 
FM's NRTL Scope of Recognition. OSHA staff performed 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 June 17, 2022 (87 FR 36542). The 
agency requested comments by July 5, 2022, but it received no comments 
in response to this notice. OSHA is now proceeding with this final 
grant of expansion of FM's NRTL recognition.
    To obtain or review copies of all public documents pertaining to 
the FM's application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor. Docket No. OSHA-2007-0041 contains all materials 
in the record concerning FM's recognition. Please note: Due to the 
COVID-19 pandemic, the Docket Office is closed to the public at this 
time but can be contacted at (202) 693-2350.

II. Final Decision and Order

    OSHA staff examined FM's expansion application, its capability to 
meet the requirements of the test standard, 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 in this 
notice. OSHA, therefore, is proceeding with this final notice to grant 
FM's expanded scope of recognition. OSHA limits the expansion of FM's 
recognition to testing and certification of products for demonstration 
of conformance to the test standard listed below in Table 1.

[[Page 51155]]



  Table 1--List of Appropriate Test Standard for Inclusion in FM's NRTL
                          Scope of Recognition
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           Test standard                     Test standard title
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UL 121201.........................  Nonincendive Electrical Equipment
                                     for Use in Class I and Class II,
                                     Division 2 and Class III, Divisions
                                     1 and 2 Hazardous (Classified)
                                     Locations.
------------------------------------------------------------------------

    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.

A. Conditions

    Recognition is contingent on continued compliance with 29 CFR 
1910.7, including, but not limited to, abiding 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 as a NRTL, subject to the limitations and 
conditions specified above.

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, on August 5, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-17879 Filed 8-18-22; 8:45 am]
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