• Publication Date:
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  • Title:
    Factory Mutual Approvals LLC: Request for Renewal of Recognition
[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)][Notices][Pages 10192-10193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03866]



Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]

Factory Mutual Approvals LLC: Request for Renewal of Recognition

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

ACTION: Notice.


SUMMARY: In this notice, OSHA announces Factory Mutual Approvals LLC's 
(FM) application containing a request for renewal of recognition as a 
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before March 11, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit a copy of comments and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2007-0041, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TDY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express delivery, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2007-0041). OSHA will place all 
submissions, including any personal information provided, in the public 
docket without revision, and these submissions will be available online 
at http://www.regulations.gov.
    5. 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. 
Contact the OSHA Docket Office for assistance in locating docket 
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before March 11, 2014 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, 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-

FOR FURTHER INFORMATION CONTACT: David W. Johnson, 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, 200 Constitution 
Avenue NW., Room N-3655, Washington, DC 20210, phone (202) 693-2110, or 
email at johnson.david.w@dol.gov.


I. Background

    OSHA recognition of an NRTL signifies that the organization meets 
the requirements in Section 1910.7 of Title 29, Code of Federal 
Regulations (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. OSHA 
maintains an informational Web site for each NRTL that details its 
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    The Agency processes applications by an NRTL for renewal of 
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA 
conducts renewals in accordance with the procedures in 29 CFR 1910.7, 
App. II.C. In accordance with these procedures, NRTLs submit a renewal 
request to OSHA, not less than nine months, or no more than one year, before the 
expiration date of its current recognition. A renewal request includes 
a request for renewal and any additional information the NRTL wishes to 
submit to demonstrate its continued compliance with the terms of its 
recognition and 29 CFR 1910.7. If OSHA has not conducted an on-site 
assessment of the NRTL's headquarters and key sites within the past 18 
to 24 months, it will schedule the necessary on-site assessments prior 
to the expiration date of the NRTL's recognition. Upon review of the 
submitted material and, as necessary, the successful completion of the 
on-site assessment, OSHA announces its preliminary decision to grant or 
deny renewal in the Federal Register and solicit comments from the 
public. OSHA then publishes a final Federal Register notice responding 
to any comments and renewing the NRTL's recognition for a period of 
five years, or denying the renewal of recognition.
    FM initially received OSHA recognition as an NRTL on June 13, 1988, 
and referenced in a Federal Register notice dated March 29, 1995 (60 FR 
16167). The most recent renewal for FM was on September 12, 2001, for a 
five-year period expiring on September 12, 2006. FM submitted a timely 
request for renewal, dated November 5, 2005 (see Ex. OSHA-2007-0041-
0004), and retains its recognition pending OSHA's final decision in 
this renewal process. The current addresses of FM facilities recognized 
by OSHA and included as part of the renewal request are:

1. FM Norwood, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 
02062; and
2. FM West Gloucester, 743 Reynolds Road, West Gloucester, Rhode Island 

II. Notice of Preliminary Findings

    OSHA is providing notice that FM is applying for renewal of its 
current recognition as a NRTL. This renewal covers FM's existing NRTL 
scope of recognition. OSHA evaluated FM's application for renewal and 
preliminarily determined that FM can continue to meet the requirements 
prescribed by 29 CFR 1910.7 for recognition. Accordingly, OSHA is 
making a determination that it does not need to conduct an on-site 
review of FM's facilities based on its evaluations of FM's application 
and all other available information. This information includes OSHA's 
most recent audit of FM's facilities conducted on October 24-26, 2012, 
August 17-19, 2009, and August 5-6, 2008. The auditors found some non-
conformances with the requirements of 29 CFR 1910.7. FM addressed these 
issues sufficiently to meet the applicable NRTL requirements. This 
preliminary finding does not constitute an interim or temporary 
approval of the application.
    OSHA welcomes public comment as to whether FM meets the 
requirements of 29 CFR 1910.7 for renewal of their recognition as an 
NRTL. Comments should consist of pertinent written documents and 
exhibits. Commenters needing more time to comment must submit a request 
in writing, stating the reasons for the request. OSHA must receive the 
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. OSHA may deny a request for an extension if it is not 
adequately justified. To obtain or review copies of the publicly 
available information in FM's application and other pertinent documents 
(including exhibits), as well as all submitted comments, contact the 
Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address; these 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2007-0041.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend whether to grant FM's application for renewal. 
The Assistant Secretary will make the final decision on granting the 
application and, in making this decision, may undertake other 
proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will 
publish a public notice of this final decision in the Federal Register.

III. Authority and Signature

    David Michaels, Ph.D., MPH, 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 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 February 19, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-03866 Filed 2-21-14; 8:45 am]