FR 2021-03943

General Summary

This document provides information regarding the application by FM Approvals LLC to expand its recognition as a Nationally Recognized Testing Laboratory (NRTL) by the Occupational Safety and Health Administration (OSHA). FM Approvals seeks to include five additional test standards within its scope of recognition. In addition, OSHA proposes the inclusion of a new test standard into the list of standards that are appropriate for the NRTL Program. This notice invites public comment on these proposals before a decision is made, with a deadline set for March 15, 2021.

Significant Issues and Concerns

The document presents several potential issues and concerns worth noting:

1. Technical Jargon: The document is laden with technical terms and regulatory references that may not be easily understood by those unfamiliar with the NRTL Program and its requirements.

2. Public Comment Submission: Instructions on how to submit comments, particularly requests for extensions, could be clearer. The document briefly mentions a limitation on the extension period without an example or more detailed explanation.

3. Multiple Contact Points: The document provides various contact persons and modes of communication, which might confuse individuals seeking assistance or further information.

4. Test Standard Selection Transparency: There is little information explaining how or why the new test standards were chosen for recognition. Understanding the distinction between these and existing standards might help in evaluating the proposals thoroughly.

5. Privacy Concerns: While there is a caution against submitting personal information, more detailed guidance on ensuring privacy could strengthen protections for contributors.

6. On-site Review: The reasons for not performing on-site reviews of the application by OSHA should be more explicitly described to alleviate concerns about thoroughness.

7. Criteria for Test Standards: The criteria for determining what makes a test standard “appropriate” are not provided, which could hinder a full understanding of the selection process.

Impact on the Public

Broadly, the document sets out a process for potentially improving safety standards through the introduction of new test standards. The expansion of recognition for FM Approvals LLC may enhance product safety by covering more types and aspects of product testing.

Impact on Specific Stakeholders

• General Public: The introduction of more robust testing standards can improve consumer safety by ensuring products have been rigorously tested against a wider array of benchmarks.

• Manufacturers and Industry: Companies involved in producing products that need certification might engage with more NRTLs or adjust existing practices. The addition of new test standards may bring about compliance challenges and potentially increase costs associated with meeting newly established benchmarks.

• FM Approvals LLC: Obtaining an expanded recognition solidifies its reputation and may enhance its business by allowing it to certify a broader range of products.

• OSHA: The organization's proposal to include a new standard indicates a proactive step towards keeping the NRTL Program aligned with evolving safety and industry needs.

In conclusion, while the notice provides an opportunity for public participation in shaping safety standards, addressing the noted issues could facilitate a clearer and more inclusive decision-making process.