[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36542-36544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13101]


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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

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of FM Approvals 
LLC, for expansion of the recognition as a Nationally Recognized 
Testing Laboratory (NRTL) and presents the agency's preliminary finding 
to grant the application.

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 July 5, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at 
https://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov 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. Please note: While OSHA's docket office is continuing to 
accept and process submissions by regular mail, due to the COVID-19 
pandemic, the Docket Office is closed to the public and not able to 
receive submissions to the rulemaking record by express delivery, hand 
delivery, and messenger service.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2007-0041). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials

[[Page 36543]]

will be available online at https://www.regulations.gov. Therefore, the 
agency cautions commenters about submitting statements they do not want 
made available to the public, or submitting comments that contain 
personal information (either about themselves or others) such as Social 
Security numbers, birth dates, and medical data.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before July 5, 2022 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, phone: (202) 693-1999 or email: 
[email protected].
    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, phone: (202) 693-2110 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    OSHA is providing notice that FM Approvals LLC (FM), is applying 
for expansion of the 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 a 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 https://www.osha.gov/dts/otpca/nrtl/index.html.
    FM currently has two facilities (sites) recognized by OSHA for 
product testing and certification, with the headquarters located at: FM 
Approvals LLC, 1151 Boston-Providence Turnpike, Norwood, Massachusetts 
02062. A complete list of FM's scope of recognition is available at 
https://www.osha.gov/nationally-recognized-testing-laboratory-program/fm.

II. General Background on the Application

    FM submitted one application, dated November 3, 2021 (OSHA-2007-
0041-0018), to expand the recognition to include one additional test 
standard. The standard requested in the expansion application is a 
replacement standard for ISA 12.12.01, which is currently included in 
FM's NRTL scope of recognition. OSHA staff performed a detailed 
analysis of the application packet and reviewed other pertinent 
information. OSHA did not perform any on-site reviews in relation to 
this application.
    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
------------------------------------------------------------------------
UL 121201..................  Nonincendive Electrical Equipment for Use
                              in Class I and II, Division 2 and Class
                              III, Divisions 1 and 2 Hazardous
                              (Classified) Locations.
------------------------------------------------------------------------

III. 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 has met the requirements prescribed by 
29 CFR 1910.7 for expanding the recognition to include the addition of 
the one test standard for NRTL testing and certification listed in 
Table 1. This preliminary finding does not constitute an interim or 
temporary approval of FM's application.
    OSHA seeks comment on this preliminary determination.

IV. 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 https://www.regulations.gov 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

[[Page 36544]]

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.

V. Authority and Signature

    James S. Frederick, 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. 8-2020 (85 FR 58393, 
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on June 10, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-13101 Filed 6-16-22; 8:45 am]
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