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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    82:45899-45900
  • Standard Number:
  • Title:
    International Association of Plumbing and Mechanical Officials EGS: Grant of Expansion of Recognition
  [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.

  -----------------------------------------------------------------------

  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
  ------------------------------------------------------------------------
              Test standard                     Test standard title
  ------------------------------------------------------------------------
  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.
  ------------------------------------------------------------------------

      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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