• Publication Date:
  • Publication Type:
  • Fed Register #:
  • Standard Number:
  • Title:
    FM Approvals: Application for Expansion of Recognition; Wyle Laboratories: Voluntary Modification of the Scope of Recognition; and Temporary Reinstatement of NFPA 72
[Federal Register: March 2, 2010 (Volume 75, Number 40)][Notices]               [Page 9439-9441]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Occupational Safety and Health Administration

[Docket Nos. OSHA-2007-0041]

FM Approvals: Application for Expansion of Recognition; Wyle 
Laboratories: Voluntary Modification of the Scope of Recognition; and 
Temporary Reinstatement of NFPA 72

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.


SUMMARY: This notice announces the application of FM Approvals LLC (FM) 
for expansion of its recognition as a Nationally Recognized Testing 
Laboratory (NRTL), and presents the Agency's preliminary finding to 
grant this request. This preliminary finding does not constitute an 
interim or temporary approval of this application. This notice also 
announces a voluntary modification of the NRTL scope of recognition of 
Wyle Laboratories, Inc., and the temporary reinstatement of NFPA 72.

DATES: For the FM application, submit information or comments, or any 
request for extension of the time to comment, on or before March 17, 
2010. All submissions must bear a postmark or provide other evidence of 
the submission date.
    The modification of the NRTL scope of recognition of Wyle 
Laboratories will become effective on March 2, 2010. The temporary 
reinstatement of NFPA 72 is retroactive to September 14, 2009 and will 
terminate on September 14, 2011. Do not submit comments or other 
responses regarding this modification or reinstatement.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments electronically at http://
www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for making electronic submissions.
    Fax: If submissions, including attachments, are no longer than 10 
pages, commenters may fax them to the OSHA Docket Office at (202) 693-
    Mail, hand delivery, express mail, or messenger or courier service: 
Submit one copy of the comments to the OSHA Docket Office, Docket No. 
OSHA-2007-0041, U.S. Department of Labor, Room N-2625, 200 Constitution 
Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, and 
messenger and courier service) are accepted during the Department of 
Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., 
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA-2007-0041). OSHA will place all 
submissions, including any personal information provided, in the public 
docket without revision, and these may be made available online at 
    Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket 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 Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of 
the comment period for the FM application on or before March 17, 2010 
to the Office of Technical Programs and Coordination Activities, NRTL 
Program, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 
20210, or by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210; 
telephone: (202) 693-2110. For information about the NRTL Program, go 
to http://www.osha.gov, and select "N" in the site index.

SUPPLEMENTARY INFORMATION: Electronic copies this Federal Register 
notice are available at http://www.regulations.gov. This notice, as 
well as news releases and other information also are available at 
OSHA's Web Page at http://www.osha.gov.

I. Notice of Expansion Application

    The Occupational Safety and Health Administration (OSHA) is 
providing notice that FM Approvals LLC (FM) applied for expansion of 
its current recognition as a Nationally Recognized Testing Laboratory 
(NRTL). FM's expansion request covers the use of additional test 
    OSHA recognition of an NRTL signifies that the organization meets 
the legal 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 its 
scope of recognition, and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
approved by the NRTL to meet OSHA standards that require testing and 
    The Agency processes applications by an NRTL for initial 
recognition, or 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 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 can be 
accessed from the Web site at http://www.osha.gov/dts/otpca/nrtl/index.html. 
Each NRTL's scope of recognition has three elements: (1) The type of products 
the NRTL may test, with each type specified by its applicable test standard; 
(2) the recognized site(s) that have the technical capability to perform the
testing and certification activities for test standards within the NRTL's 
scope; and (3) the supplemental program(s) that the NRTL may use, each of 
which allows the NRTL to rely on other parties to perform activities necessary 
for testing and certification.
    The current address of the FM facilities (sites) recognized by OSHA 
are: FM Approvals, 1151 Boston-Providence Turnpike, Norwood, 
Massachusetts 02062, and FM Approvals, 743 Reynolds Road, West 
Gloucester, Rhode Island 02814.

General Background on the Application

    FM submitted an application, dated July 18, 2007, to expand its 
recognition to include 31 additional test standards. The NRTL Program 
staff is deferring action on 20 of these standards pending resolution 
of technical issues. The staff determined that ten of the remaining 11 
standards are "appropriate test standards" within the meaning of 29 
CFR 1910.7(c). In connection with this request, NRTL Program staff did 
not perform an on-site review of FM's recognized sites. However, the 
staff analyzed other information pertinent to the request and 
determined that FM has the capabilities to perform the testing relating 
to the ten standards, which are listed below. As a result, the Agency 
would approve these ten test standards for the expansion.
    FM seeks expansion of its recognition for testing and certification 
of products to the following test standards:\1\

    \1\ The designations and titles of these test standards were 
current at the time of the preparation of this notice.

UL 153 Portable Electric Luminaires\2\

    \2\ FM requested recognition for UL 298--Portable Electric Hand 
Lamps, but this standard has been withdrawn and superseded by UL 

UL 268A Smoke Detectors for Duct Application
UL 484 Room Air Conditioners
UL 521 Heat Detectors for Fire Protective Signaling Systems
UL 1480 Speakers for Fire Alarm, Emergency, and Commercial and 
Professional Use
UL 1638 Visual Signaling Appliances--Private Mode Emergency and General 
Utility Signaling
FM 3210 Heat Detectors for Automatic Fire Alarm Signaling
FM 7260 Electrostatic Finishing Equipment
UL 61010A-1 Electrical Equipment for Laboratory Use; Part 1: General 
UL 61010B-1 Electrical Measuring and Test Equipment; Part 1: General 

    OSHA's recognition of FM, or any NRTL, for a test standard is 
limited to equipment or materials (i.e., products) for which OSHA 
standards require third-party testing and certification before use in 
the workplace. Consequently, if a test standard also covers any 
product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
    The test standards listed above may be approved as American 
National Standards by the American National Standards Institute (ANSI). 
However, for clarity, we use the designation of the standards 
developing organization for the standard as opposed to the ANSI 
designation. Under our procedures, any NRTL recognized for an ANSI-
approved test standard may use either the latest proprietary version of 
the test standard or the latest ANSI version of that standard. You may 
contact ANSI for information on whether a test standard is currently 

Preliminary Finding on the Application

    FM submitted an acceptable request for expansion of its recognition 
as an NRTL. Our review of the application file and other pertinent 
documents indicates that FM can meet the requirements, as prescribed by 
29 CFR 1910.7, for an expansion of its recognition to include the 
additional test standards listed above. This preliminary finding does 
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
FM meets the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your 
comments should consist of pertinent written documents and exhibits. 
Should you need more time to comment, you must request it in writing, 
including reasons for the request. OSHA must receive your written 
request for an extension by the due date for comments. OSHA will limit 
any extension to 30 days unless the requester justifies a longer 
period. We may deny a request for an extension if it is not adequately 
justified. You may obtain or review copies of FM's request and other 
pertinent documents, and all submitted comments, as received, by 
contacting the Docket Office, Room N-2625, Occupational Safety and 
Health Administration, U.S. Department of Labor, at the above address. 
Docket No. OSHA-2007-0041 contains all materials in the record 
concerning FM's application.
    The NRTL Program staff will review all timely comments and, after 
resolution of issues raised by these comments, will recommend whether 
to grant FM's expansion request. The Assistant Secretary will make the 
final decision on granting the request, and, in making this decision, 
may undertake other proceedings that are prescribed in Appendix A to 29 
CFR 1910.7. OSHA will publish a public notice of this final decision in 
the Federal Register.

II. Notice of Modification of Wyle's Recognition

    Wyle Laboratories, Inc., (WL) has requested a modification to its 
current scope of recognition under the NRTL Program. This request, 
dated August 27, 2009, reduces the number of test standards in WL's 
current NRTL scope. Subsection II.D of Appendix A to 29 CFR 1910.7 
provides that OSHA must inform the public of such a reduction in scope. 
Accordingly, effective today, OSHA is modifying WL's scope of 
recognition to eliminate the 38 test standards listed below. Wyle also 
requested removal of another test standard (UL 1262); however, OSHA 
removed it earlier from Wyle's scope of recognition.

UL 8 Foam Fire Extinguishers
UL 20 General-Use Snap Switches
UL 92 Fire Extinguisher and Booster Hose
UL 98 Enclosed and Dead-Front Switches
UL 244A Solid-State Controls for Appliances
UL 299 Dry Chemical Fire Extinguishers
UL 363 Knife Switches
UL 393 Indicating Pressure Gauges for Fire-Protection Service
UL 444 Communications Cables
UL 466 Electric Scales
UL 497A Secondary Protectors for Communication Circuits
UL 506 Specialty Transformers
UL 626 2\1/2\; Gallon Stored-Pressure Water-Type Fire Extinguishers
UL 711 Rating and Fire Testing of Fire Extinguishers
UL 796 Printed-Wiring Boards
UL 917 Clock-Operated Switches
UL 1022 Line Isolated Monitors
UL 1047 Isolated Power Systems Equipment
UL 1053 Ground-Fault Sensing and Relaying Equipment
UL 1054 Special-Use Switches
UL 1058 Halogenated Agent Extinguishing System Units
UL 1091 Butterfly Valves for Fire-Protection Service
UL 1093 Halogenated Agent Fire Extinguishers
UL 1254 Pre-Engineered Dry Chemical Extinguishing Systems Units
UL 1411 Transformers and Motor Transformer for Use in Audio-, Radio-, 
and Television-Type Appliances
UL 1412 Fusing Resistors and Temperature-Limited Resistors for Radio- 
and Television-Type Appliances
UL 1416 Overcurrent and Overtemperature Protectors for Radio and 
Television-Type Appliances
UL 1424 Cables for Power-Limited Fire-Protective-Signaling Circuits
UL 1429 Pullout Switches
UL 1474 Adjustable Drop Nipples for Sprinkler Systems
UL 1481 Power Supplies for Fire-Protective Signaling Systems
UL 1486 Quick Opening Devices for Dry Pipe Valves for Fire-Protection 
UL 1557 Electrically Isolated Semiconductor Devices
UL 1577 Optical Isolators
UL 1682 Plugs, Receptacles and Cable Connectors, of the Pin and Sleeve 
UL 1876 Isolating Signal and Feedback Transformers for Use in 
Electronic Equipment
UL 2006 Halon 1211 Recovery/Recharge Equipment
UL 2111 Overheating Protection for Motors

III. Temporary Reinstatement of NFPA 72

    On September 14, 2009, OSHA published a notice (see 74 FR 47026) to 
modify the scopes of recognition ("scopes") of several NRTLs because 
standards developing organizations (SDOs) withdrew a number of test 
standards from their catalog of published standards. Consequently, 
these NRTLs could no longer use the withdrawn test standards to certify 
selected products requiring certification under OSHA standards. In 
response to the SDOs' action, OSHA's 2009 Federal Register notice 
deleted the withdrawn standards from the scope of each affected NRTL, 
and added to the NRTL's scopes any known replacement standard(s).
    One of the withdrawn standards was ANSI/NFPA 72--Installation, 
Maintenance, and Use of Protective Signaling Systems. The National Fire 
Protection Association (NFPA) withdrew this test standard several years 
ago after integrating it into the National Fire Alarm and Signaling 
Code (NFASC), also designated NFPA 72. However, OSHA's 2009 Federal 
Register notice did not list the NFASC document as a replacement for 
NFPA 72 because the NRTL Program requirements do not allow NRTLs to 
include general consensus codes or other similar standards in their 
scopes of recognition. Such standards do not meet the NRTL Program's 
requirements for an "appropriate test standard," i.e., the standards 
do not primarily specify testing requirements for particular types of 
    After OSHA deleted the NFPA 72 standard, several NRTLs contacted 
OSHA to request recognition for the NFASC. One NRTL informed OSHA that 
deleting the test standard so abruptly invalidated approvals for many 
products. The NRTLs requested a two-year transition period to identify 
a comparable replacement test standard to use in certifying the 
affected products.
    When OSHA determines that a comparable replacement test standard is 
not available, it may delay the effective date for deleting a withdrawn 
test standard from NRTLs' scopes so the affected NRTLs can continue 
certifying products while identifying a comparable replacement 
standard. Accordingly, OSHA is temporarily reinstating NFPA 72 to the 
scopes of the affected NRTLs. The reinstatement period is retroactive 
to September 14, 2009, the date the standard was removed from these 
NRTLs' scopes, and ends September 14, 2011. By September 14, 2010, each 
affected NRTL wishing to continue certifying the affected products must 
notify OSHA of the name(s) of comparable replacement test standard(s) 
the NRTL will use in place of NFPA 72. If not already in the NRTL's 
scope, OSHA will add any such standard that is "appropriate," 
provided the NRTL has the capability for the testing. By September 14, 
2011, OSHA will remove NFPA 72 from all NRTLs' scope, and these NRTLs 
must cease certifying products to NFPA 72, and certify products to the 
comparable replacement standard(s) in their scopes.

IV. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210, directed the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to Sections 
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655 and 657), Secretary of Labor's Order No. 5-2007 (72 FR 
31160), and 29 CFR part 1911.

    Signed at Washington, DC, on February 22, 2010.
David Michaels,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. 2010-4197 Filed 3-1-10; 8:45 am]