[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76394-76395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29827]


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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 Recognition as a Nationally Recognized Testing Laboratory

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to grant 
recognition to International Association of Plumbing and Mechanical 
Officials EGS as a Nationally Recognized Testing Laboratory (NRTL).

DATES: Recognition as an NRTL becomes effective on December 22, 2014.

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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: <a href="/cdn-cgi/l/email-protection#4b062e222722252c2e39652d392a25282238790b2f2427652c243d"><span class="__cf_email__" data-cfemail="6429010d080d0a0301164a0216050a070d175624000b084a030b12">[email protected]</span></a>.
    General and technical information: Contact Mr. Kevin Robinson, 
Acting 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, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; 
telephone: (202) 693-2110; email: <a href="/cdn-cgi/l/email-protection#dcaeb3beb5b2afb3b2f2b7b9aab5b29cb8b3b0f2bbb3aa"><span class="__cf_email__" data-cfemail="c7b5a8a5aea9b4a8a9e9aca2b1aea987a3a8abe9a0a8b1">[email protected]</span></a>. OSHA's Web 
page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Background

    Many of OSHA's workplace standards require that an NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, NRTLs must meet the 
requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capability to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition, and is not a delegation or grant of 
government authority. Recognition of an NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The Agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides its preliminary finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of Final Decision

    OSHA hereby gives notice of the Agency's decision to grant 
recognition to International Association of Plumbing and Mechanical 
Officials EGS (IAPMO), as an NRTL. According to public information (see 
http://www.iapmoegs.org/Pages/default.aspx), IAPMO states that it 
performs independent testing and listing for the pool, spa and bathtub 
industries. In its application, IAPMO lists the current address of its 
headquarters as: IAPMO EGS, 5001 E. Philadelphia Street, Ontario, 
California 91761.
    Each NRTL's scope of recognition has three elements: (1) The type 
of products the NRTL may test, with each type specified by its 
applicable test standard; (2) the recognized site(s) that have the 
technical capability to perform product-testing and product-
certification activities for the applicable test standards within the 
NRTL's scope of recognition; and (3) the supplemental program(s) that 
the NRTL may use, each of which allows the NRTL to rely on other 
parties to perform activities necessary for testing and certification. 
IAPMO applied for initial recognition as an NRTL on April 7, 2009. In 
its application, IAPMO requested recognition for six test standards, 
one

[[Page 76395]]

site, and two supplemental programs (OSHA-2013-0030-0002, Exhibit 14-
1--IAPMO Initial Application for Recognition). OSHA published the 
preliminary notice announcing IAPMO's application for recognition in 
the Federal Register on August 29, 2014 (79 FR 51618). The Agency 
requested comments by September 29, 2014.
    OSHA received one anonymous comment in response to this notice 
(OSHA-2013-0030-0003). The comment (OSHA-2013-0030-0003) asked how OSHA 
ensures the applicant maintains its technical qualifications as well as 
the financial resources necessary to ensure only compliant products are 
certified. OSHA's NRTL regulations (29 CFR 1910.7(b)(1)) require OSHA 
to verify that the applicant ``has the capability (including proper 
testing equipment and facilities, trained staff, written testing 
procedures, and calibration and quality control programs)'' to perform 
testing and certification activities. As part of the application 
process, OSHA reviewed IAPMO's procedures and conducted an on-site 
assessment of IAPMO's facility. OSHA determined that IAPMO had the 
necessary capabilities and resources to perform testing and 
certification activities. OSHA will conduct periodic on-site 
assessments, just as it does with all NRTLs, to ensure that IAPMO 
maintains the capability to perform testing and certification 
activities in accordance with OSHA NRTL regulations and policies.
    To obtain or review copies of all public documents pertaining to 
IAPMO's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2013-0030 contains all materials in the record 
concerning IAPMO's recognition.

III. Final Decision and Order

    OSHA staff performed a detailed analysis of IAPMO's application 
packet and reviewed other pertinent information. OSHA staff also 
performed a comprehensive on-site assessment of IAPMO's testing 
facilities on February 27-28, 2014. Based on its review of this 
evidence, OSHA finds that IAPMO meets the requirements of 29 CFR 1910.7 
for recognition as an NRTL, subject to the limitations and conditions 
listed below. OSHA, therefore, is proceeding with this final notice to 
grant recognition to IAPMO as an NRTL. The following sections set forth 
the scope of recognition included in IAPMO's grant of recognition.

A. Standards Requested for Recognition

    OSHA limits IAPMO's scope of 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 778....................................  Motor-Operated Water Pumps.
UL 1081...................................  Swimming Pool Pumps,
                                             Filters, and Chlorinators.
UL 1431...................................  Personal Hygiene and Health
                                             Care Appliances.
UL 1563...................................  Electric Spas, Equipment
                                             Assemblies, and Associated
                                             Equipment.
UL 1795...................................  Hydromassage Bathtubs.
UL 1951...................................  Electric Plumbing
                                             Accessories.
------------------------------------------------------------------------

    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, an 
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, we 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.

B. Sites Requested for Recognition

    OSHA limits IAPMO's scope of recognition to include the site at 
IAPMO EGS, 5001 E. Philadelphia Street, Ontario, California 91761. 
OSHA's recognition of this site limits IAPMO to performing product 
testing and certifications only to the test standards for which the 
site has the proper capability and programs, and for test standards in 
IAPMO's scope of recognition. This limitation is consistent with the 
recognition that OSHA grants to other NRTLs.

C. Supplemental Programs

    OSHA limits IAPMO's scope of recognition to include the following 
supplemental programs:
    Program 2: Acceptance of testing data from independent 
organizations, other than NRTLs.
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents (for calibration services only).

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
IAPMO also 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 an 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 grants 
recognition to IAPMO as an NRTL, subject to the limitations and 
conditions specified above.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, 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 December 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-29827 Filed 12-19-14; 8:45 am]
BILLING CODE 4510-26-P


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