Notice2026-02541
FM Approvals LLC: Application for Expansion of Recognition and Proposed Modification to the NRTL Program's List of Appropriate Test Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2026
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
In this notice, OSHA announces the application of FM Approvals LLC for expansion of recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the agency's preliminary finding to grant the application. Additionally, OSHA proposes to add one test standard to the NRTL Program's list of appropriate test standards.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5960-5962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02541]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0041]
FM Approvals LLC: Application for Expansion of Recognition and
Proposed Modification to the NRTL Program's List of Appropriate Test
Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
[[Page 5961]]
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of FM Approvals
LLC for expansion of recognition as a Nationally Recognized Testing
Laboratory (NRTL) and presents the agency's preliminary finding to
grant the application. Additionally, OSHA proposes to add one test
standard to the NRTL Program's list of appropriate test standards.
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 February 25, 2026.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2007-0043). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Submission of comments: You may submit comments and attachments,
identified by Docket No. OSHA-2007-0041, electronically at
<a href="http://www.regulations.gov">www.regulations.gov</a>, which is the Federal e-Rulemaking Portal. Follow
the online instructions for making electronic submissions. The Federal
e-Rulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> is the only way to submit
comments on this Notice.
Docket: To read or download comments or other material in the
docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Documents in the docket
(including this Federal Register notice) are listed in the <a href="http://www.regulations.gov">http://www.regulations.gov</a> index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through the
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before February 25, 2026 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-3653, Washington, DC 20210, or by fax to (202) 693-
1644.
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: <a href="/cdn-cgi/l/email-protection#137e767a7f7a7d7476613d7561727d707a602153777c7f3d747c65"><span class="__cf_email__" data-cfemail="6f020a06030601080a1d41091d0e010c061c5d2f0b000341080019">[email protected]</span></a>.
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: <a href="/cdn-cgi/l/email-protection#34465b565d5a475b5a1a5f51425d5a74505b581a535b42"><span class="__cf_email__" data-cfemail="f3819c919a9d809c9ddd9896859a9db3979c9fdd949c85">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Notice of the Application for Expansion
OSHA is providing notice that FM Approvals LLC (FM) is applying for
an expansion of current recognition as a NRTL. FM requests 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 <a href="https://www.osha.gov/nationally-recognized-testing-laboratory-program">https://www.osha.gov/nationally-recognized-testing-laboratory-program</a>.
II. General Background on the Application
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.
Table 1 below, lists the appropriate test standard found in FM's
application for expansion for testing and certification of products
under the NRTL Program.
Table 1--Proposed 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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* FM 1035........................... Nitrogen Generators.
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* Represents the standard that OSHA proposes to add to the NRTL
Program's List of Appropriate Test Standards.
III. Proposal To Add One New Test Standard to the NRTL Program's List
of Appropriate Test Standards
Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
agency evaluates the document to (1) verify it represents a product
category for which OSHA requires certification by a NRTL, (2) verify
the document represents a product and not a component, and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become aware
of
[[Page 5962]]
new test standards by: (1) monitoring notifications issued by certain
Standards Development Organizations; (2) reviewing applications by
NRTLs or applicants seeking recognition to include new test standards
in their scopes of recognition; and (3) obtaining notification from
manufacturers, manufacturing organizations, government agencies, or
other parties. OSHA may determine to include a new test standard in the
list, for example, if the test standard is for a particular type of
product that another test standard also covers, or it covers a type of
product that no standard previously covered.
In this notice, OSHA proposes to add one new test standard to the
NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standard that is new to the NRTL Program. OSHA has
preliminarily determined that this test standard is appropriate and
proposes to include it in the NRTL Program's list of appropriate test
standards. OSHA seeks public comment on this preliminary determination.
Table 2--Standard OSHA Is Proposing To Add to the NRTL Program's List of
Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
FM 1035............................. Nitrogen Generators.
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IV. Preliminary Findings on the Application
FM submitted an acceptable application for expansion of the scope
of recognition. OSHA's review of the application file, and pertinent
documentation, indicate that FM can meet the requirements prescribed by
29 CFR 1910.7 for expanding the recognition to include the addition of
this test standard for NRTL testing and certification listed above.
This preliminary finding does not constitute an interim or temporary
approval of FM's application.
V. Public Participation
OSHA welcomes public comment as to whether FM meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a 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 by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor. These materials also are generally available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. OSHA-2007-0041 (for further
information, see the ``Docket'' heading in the section of this notice
titled ADDRESSES).
OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant FM's application
for expansion of the scope of recognition. The Assistant Secretary will
make the final decision on granting the application. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of the final decision in the
Federal Register.
VI. 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 February 4, 2026.
Amanda Laihow,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2026-02541 Filed 2-9-26; 8:45 am]
BILLING CODE 4510-26-P
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