[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45899-45900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20982]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0030]
International Association of Plumbing and Mechanical Officials
EGS: Grant of Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for International Association of Plumbing and
Mechanical Officials EGS as a Nationally Recognized Testing Laboratory
(NRTL).
DATES: The expansion of the scope of recognition takes place on October
2, 2017.
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, telephone: (202) 693-1999;
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, telephone:
(202) 693-2110; email: robinson.kevin@dol.gov. OSHA's Web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the expansion of the scope of
recognition of International Association of Plumbing and Mechanical
Officials EGS (IAPMO) as a NRTL. IAPMO's expansion covers the addition
of four test standards to its scope of recognition.
OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
The Agency processes applications by a NRTL for initial
recognition, or for 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 its preliminary finding and, in the second
notice, the Agency provides its 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 that details its scope of recognition. These pages are
available from the Agency's Web site at: http://www.osha.gov/dts/otpca/nrtl/index.html.
IAPMO submitted an application, dated January 12, 2016, (OSHA-2013-
0030-0006) to expand its recognition to include eight additional test
standards. OSHA staff performed a comparability analysis and reviewed
other pertinent information. OSHA staff performed an on-site review of
IAPMO's testing facility on March 1-2, 2016, in relation to this
application, in which assessors found some nonconformances with the
requirements of 29 CFR 1910.7. IAPMO addressed these issues
sufficiently, and
OSHA staff determined that OSHA should grant the application to expand
IAPMO's NRTL recognition to include four of the eight requested
standards.
OSHA published the preliminary notice announcing IAPMO's expansion
application in the Federal Register on March 15, 2017 (82 FR 13868).
The Agency requested comments by March 30, 2017, and received three
comments in response to this notice. One comment supported IAPMO's
expansion application (OSHA-2013-0030-0010), while the other two (OSHA-
2013-0030-0008 and OSHA-2013-0030-0009) were not specifically related
to it, but rather questioned the funding and oversight of the NRTL
Program more generally. Because the comments were anonymous, the Agency
could not respond directly to the commenters. However, the Agency
reiterates that its NRTL procedures are governed by 29 CFR 1910.7 and
notes that these procedures serve simply to protect workers under the
OSH Act by allowing NRTLs to certify that a particular product complies
with the requirements of one or more appropriate product safety test
standards. OSHA now is proceeding with this final notice to grant
expansion of IAPMO's scope of recognition.
To obtain or review copies of all public documents pertaining to
IAPMO's application, go to: http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-3653,
Washington, DC 20210. Docket No. OSHA-2013-0030 contains all materials
in the record concerning IAPMO's recognition.
II. Final Decision and Order
OSHA staff examined IAPMO's expansion application, its capability
to meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that
IAPMO meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant IAPMO's
scope of recognition. OSHA limits the expansion of IAPMO's recognition
to testing and certification of products for demonstration of
conformance to the test standards listed in Table 1 below.
Table 1--List of Appropriate Test Standards for Inclusion in IAPMO's
NRTL Scope of Recognition
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Test standard Test standard title
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UL 875............................... Standard for Electric Dry-Bath
Heaters.
UL 979............................... Standard for Water Treatment
Appliances.
UL 1241.............................. Standard for Junction Boxes for
Swimming Pool Luminaires.
UL 1261.............................. Standard for Electric Water
Heaters for Pools and Tubs.
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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.
The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, OSHA 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,
IAPMO must abide by the following conditions of the recognition:
1. IAPMO 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. IAPMO must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. IAPMO must continue to meet the requirements for recognition,
including all previously published conditions on IAPMO'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 IAPMO, subject to the limitation and conditions
specified above.
III. Authority and Signature
Loren Sweatt, 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. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on September 25, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-20982 Filed 9-29-17; 8:45 am]
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