82 FR 45899 - International Association of Plumbing and Mechanical Officials EGS: Grant of Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 189 (October 2, 2017)

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).

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45899-45900]
From the Federal Register Online  [www.thefederalregister.org]
[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: [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, U.S. Department of Labor, telephone: 
(202) 693-2110; email: [email protected]. 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

[[Page 45900]]

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.
------------------------------------------------------------------------

    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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