OSHA Notice: FM Approvals LLC Recognition Expansion

Content

ACTION:

Notice.

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). Additionally, OSHA announces the final decision to add one test standard to the NRTL
Program's List of Appropriate Test Standards.

DATES:

The expansion of the scope of recognition becomes effective on March 11, 2026.

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 by phone: (202) 693-1999 or
email: meilinger.francis2@dol.gov.

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 by phone: (202) 693-1911
or email: robinson.kevin@dol.gov.

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 applications by a NRTL for initial recognition and 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 a 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 to OSHA to expand recognition as a NRTL on June 13, 2024 (OSHA-2007-0041-0027), to include six
test standards (application was signed May 20, 2024). The application was amended on May 27, 2025 (OSHA-2007-0041-0026), to
remove five standards from the original submission. OSHA staff performed a detailed analysis of the application packet and
reviewed other pertinent information. OSHA performed an on-site review in relation to this application on December 3-5, 2024.

OSHA published the preliminary notice announcing FM's expansion application in the
Federal Register
on February 10, 2026 (91 FR 5960). The agency requested comments by February 25, 2026, but it received no comments in response
to this notice. OSHA is now proceeding with this final notice to grant expansion of FM's NRTL scope of 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. Contact the OSHA Docket Office at (202) 693-2350 (TTY (877)
889-5627) for assistance in locating docket submissions.

II. Final Decision and Order

OSHA staff examined FM's expansion application, conducted a detailed on-site assessment, and examined 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 include one additional testing
standard. OSHA grants FM expansion of the NRTL scope of recognition to include the test standard listed below in Table 1.

| Test standard | Test standard title |
| --- | --- |
| * FM 1035 | Nitrogen Generators. |
| * Represents the standard that OSHA is adding to the NRTL Program's List of Appropriate Test Standards. | |
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.

In this notice, OSHA also announces the final decision to add one new test standard to the NRTL Program's List of Appropriate
Test Standards. Table 2 below lists the standard that is new to the NRTL Program. OSHA has determined that this test standard
is an appropriate test standard and will add it to the NRTL Program's List of Appropriate Test Standards.

| Test standard | Test standard title |
| --- | --- |
| FM 1035 | Nitrogen Generators. |
The American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards.
However, for convenience, we may use the designation of the standards-developing organization for the standard as opposed
to the ANSI designation. 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 NRTL 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, subject to the limitations
and conditions specified above. Additionally, OSHA will add one standard to the NRTL Program's List of Appropriate Test Standards.

III. Authority and Signature

Amanda Laihow, Principal 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. 7-2025 (90 FR 27878, June 30, 2025), and 29 CFR 1910.7.

Signed at Washington, DC, on March 5, 2026. Amanda Laihow, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2026-04720 Filed 3-10-26; 8:45 am] BILLING CODE 4510-26-P

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