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• Publication Date: 08/13/1999
• Publication Type: Notice
• Fed Register #: 64:44240-44241
• Standard Number: 1910.7; 1910.7(c)
• Title: Factory Mutual Research Corporation, Expansion of Recognition

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-93]

Factory Mutual Research Corporation, Expansion of Recognition

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

ACTION: Notice.


SUMMARY: This notice announces the Agency's final decision on the application of Factory Mutual Research Corporation (FMRC) for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on August 13, 1999 and, unless modified in accordance with 29 CFR 1910.7, continues in effect while FMRC remains recognized by OSHA as an NRTL.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, 200 Constitution Avenue, NW, Room N3653, Washington, DC 20210, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

The Occupational Safety and Health Administration (OSHA) hereby gives notice of the expansion of recognition of Factory Mutual Research Corporation (FMRC) as a Nationally Recognized Testing Laboratory (NRTL). FMRC's expansion request covers the use of additional test standards. OSHA recognizes an organization as an NRTL, and processes applications related to such recognitions, following requirements in Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Appendix A to this section requires that OSHA publish this public notice of its final decision on an application.

FMRC submitted a request, dated October 8, 1998 (see Exhibit 7A), to expand its recognition as an NRTL to include four (4) additional test standards. Then it submitted a request, dated November 18, 1998 (see Exhibit 7B), to expand its recognition for one more test standard. OSHA published the required notice in the Federal Register (64 FR 18939, 4/16/99) to announce the application. The notice included a preliminary finding that FMRC could meet the requirements for expansion of its recognition, and OSHA invited public comment on the application by June 15, 1999. OSHA received no comments concerning this application.

FMRC's previous application as an NRTL covered its renewal of recognition as an NRTL (60 FR 16167, 3/29/95), which OSHA granted on August 16, 1995 (60 FR 42590).

You may obtain or review copies of all public documents pertaining to the application by contacting the Docket Office, Occupational Safety and Health Administration, U.S. DEPARTMENT OF LABOR, 200 Constitution Avenue, NW, Room N2625, Washington, DC 20210, telephone: (202) 693- 2350. You should refer to Docket No. NRTL-3-93, the permanent records of public information on the FMRC recognition.

The current addresses of the testing facilities (sites) that OSHA recognizes for FMRC are:

Factory Mutual Research Corporation, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062

Factory Mutual Research Corporation, 743 Reynolds Road, West Gloucester, Rhode Island 02814

Final Decision and Order

The NRTL Program staff has examined the application and other pertinent information, and the assessment staff recommended, in a memo dated February 10, 1999 (see Exhibit 8), expansion of FMRC's recognition to include the additional test standards listed below. Based upon this examination and recommendation, OSHA finds that FMRC has met the requirements of 29 CFR 1910.7 for expansion of its recognition to use the additional 5 test standards, subject to the limitations and conditions listed below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the recognition of FMRC, subject to these limitations and conditions. As is the case for any NRTL, FMRC's recognition is further limited to equipment or materials (products) for which OSHA standards require third party testing and certification before use in the workplace.

Limitations

OSHA hereby expands the recognition of FMRC for testing and certification of products to demonstrate compliance to the following 5 standards. OSHA has determined that each standard meets the requirements for an appropriate test standard prescribed in 29 CFR 1910.7(c).

ANSI/UL 1950 Information Technology Equipment Including Electrical Business Equipment

FMRC 2000 Automatic Sprinklers for Fire Protection

FMRC 2008 Early Suppression-Fast Response (ESFR) Automatic Sprinklers

FMRC 3260 Flame Radiation Detectors for Automatic Fire Alarm Signaling

FMRC 3990 Less or nonflammable Liquid-Insulated Transformers

The NRTL Program staff verified the designations and titles of the above test standards at the time of preparation of the notice of the preliminary finding. Also, the FMRC 3990 test standard was incorrectly listed as FMRC 3900 in the preliminary notice.

Conditions

Factory Mutual Research Corporation must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7:

OSHA must be allowed access to FMRC's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If FMRC has reason to doubt the efficacy of any test standard it is using under this program, it must promptly inform the organization that developed the test standard of this fact and provide that organization with appropriate relevant information upon which its concerns are based;

FMRC must not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, FMRC agrees that it will allow no representation that it is either a recognized or an accredited Nationally Recognized Testing Laboratory (NRTL) without clearly indicating the specific equipment or material to which this recognition is tied, or that its recognition is limited to certain products;

FMRC must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major changes in its operations as an NRTL, including details;

FMRC will continue to meet all the terms of its recognition and will always comply with all OSHA policies pertaining to this recognition;

FMRC will continue to meet the requirements for recognition in all areas where it has been recognized; and

FMRC will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Signed at Washington, DC this 3rd day of August, 1999.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 99-20997 Filed 8-12-99; 8:45 am]

BILLING CODE 4510-26-P


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