[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Pages 51618-51621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20592]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0030]


IAPMO EGS: Application for Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of the 
International Association of Plumbing and Mechanical Officials EGS 
(IAPMO), for recognition as a Nationally Recognized Testing Laboratory 
(NRTL), and presents the Agency's preliminary finding to grant this 
recognition.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before September 29, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at http:[sol][sol]www.regulations.gov, which is the Federal eRulemaking 
Portal. Follow the instructions online for making electronic 
submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2013-0030, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-2625, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2013-0030). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http:[sol][sol]www.regulations.gov. Therefore, the Agency cautions 
commenters about submitting statements they do not want made available 
to the public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the 
docket, go to http:[sol][sol]www.regulations.gov or the OSHA Docket 
Office at the address above. All documents in the docket are listed in 
the http:[sol][sol]www.regulations.gov index; however, some information 
(e.g., copyrighted material) is not publicly available to read or 
download through the Web site. All submissions, including copyrighted 
material, are available for inspection and copying at the OSHA Docket 
Office. Contact the OSHA Docket Office for assistance in locating 
docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before September 29, 2014 to the 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, or by fax to (202) 693-
1644.

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: [email protected].
    General and technical information: Contact Mr. David W. Johnson, 
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; phone: 
(202) 693-2110 or email: [email protected].

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

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obtain and retain OSHA recognition, NRTLs must meet the legal 
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 the Application for Recognition

    OSHA is providing notice that IAPMO is applying for recognition as 
an NRTL. According to public information (see 
http:[sol][sol]www.iapmoegs.org/Pages/default.aspx), IAPMO states that 
it performs independent testing and listing for 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 the 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 site, and two supplemental programs (Exhibit 14-1--IAPMO Initial 
Application for Recognition). The following sections set forth the 
requested scope of recognition included in IAPMO's application.

A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standards found in IAPMO's 
application for testing and certification of products under the NRTL 
Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                    IAPMO's NRTL Scope of Recognition
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           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
------------------------------------------------------------------------

    The test standards listed above may be approved as U.S. test 
standards by the American National Standards Institute (ANSI). However, 
for convenience, the Agency may use the designations of the standards-
developing organization for the test standards instead of 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.

B. Sites Requested for Recognition

    The current address of IAPMO's one site included in its application 
for recognition as an NRTL is: IAPMO EGS, 5001 E. Philadelphia Street, 
Ontario, California 91761. The NRTL Program requires that at least one 
of the recognized sites listed above have the capability to conduct the 
product testing in accordance with the appropriate test standard for 
the equipment or material being tested and certified.

C. Supplemental Programs

    The supplemental programs listed in IAPMO's application for 
recognition as an NRTL include:
    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).

III. Preliminary Finding on the Application for Recognition as an NRTL

    OSHA's NRTL Program recognition process involves a thorough 
analysis of an NRTL applicant's policies and procedures, and a 
comprehensive on-site review of the applicant's testing and 
certification activities to ensure that the applicant meets the 
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis 
of IAPMO's application packet and reviewed other pertinent information. 
IAPMO's Ontario, California site has the capability to conduct testing 
and certification in accordance with requirements outlined in the test 
standard specifications for the test standards listed in Section II. A. 
above. OSHA staff also performed a comprehensive on-site assessment of 
IAPMO's testing facilities on February 27 and 28, 2014. An overview of 
OSHA's assessment of the four requirements for recognition (i.e., 
capability, control procedures, independence, and creditable reports 
and complaint handling) are provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or

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material to be listed, labeled, or accepted, the NRTL must have the 
capability (including proper testing equipment and facilities, trained 
staff, written testing procedures, and calibration and quality-control 
programs), to perform appropriate testing. OSHA staff performed a 
detailed analysis of IAPMO's application packet and reviewed other 
pertinent information to assess its capabilities to perform test and 
certification activities. OSHA determined that IAPMO has demonstrated 
these capabilities through following:
     The IAPMO facility has adequate test areas, energy 
sources, and procedures for controlling incompatible activities.
     IAPMO provided a detailed list of its testing equipment. 
Review of the application shows that the equipment listed is available 
and adequate for the standards for which it seeks recognition.
     IAPMO has detailed procedures for conducting testing, 
review, and evaluation, and for capturing the test and other data 
required by the test standards for which it seeks recognition.
     IAPMO has detailed procedures addressing the maintenance 
and calibration of equipment, and the types of records maintained for, 
or supporting laboratory activities.
     IAPMO has sufficient qualified personnel to perform the 
proposed scope of testing based on their education, training, technical 
knowledge, and experience.
     IAPMO has an adequate quality-control system in place to 
conduct internal audits, as well as tracking and resolution of non-
conformances.
    OSHA's on-site assessment of IAPMO's facilities confirmed the 
capabilities described in its application packet. While the assessors 
found some non-conformances with the requirements of 29 CFR 1910.7, 
IAPMO addressed these issues sufficiently to meet the applicable NRTL 
requirements.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These controls and 
services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure the proper use of identifying marks or labels. OSHA 
staff performed a detailed analysis of IAPMO's application packet and 
reviewed other pertinent information to assess its control procedures. 
OSHA determined that IAPMO has demonstrated these capabilities through 
following:
     IAPMO has a quality-control manual and detailed procedures 
to address the steps involved to list and certify products.
     IAPMO has a registered certification mark.
     IAPMO has certification procedures to address the 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities.
    OSHA's on-site assessment of IAPMO's facilities confirmed the 
control procedures described in its application packet. While the 
assessors found some non-conformances with the requirements of 29 CFR 
1910.7, IAPMO addressed these issues sufficiently to meet the 
applicable NRTL requirements.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. OSHA has a policy for the independence of NRTLs 
that specifies the criteria used for determining whether an 
organization meets the above requirement (see OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V). This policy contains a non-exhaustive 
list of relationships that would cause an organization to fail to meet 
the specified criteria. OSHA staff performed a detailed analysis of 
IAPMO's application packet and reviewed other pertinent information to 
assess its independence. OSHA determined that IAPMO has demonstrated 
independence through the following:
     IAPMO is a privately owned organization, and OSHA found no 
information regarding ownership that would qualify as a conflict under 
OSHA's independence policy.
     IAPMO shows that it has none of the relationships 
described above or any other relationship that could subject it to 
undue influence when testing for product safety.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias. The NRTL must also have procedures for 
handling complaints and disputes under a fair and reasonable system. 
OSHA staff performed a detailed analysis of IAPMO's application packet 
and reviewed other pertinent information to assess its ability to 
produce credible results and handle complaints. OSHA determined that 
IAPMO has demonstrated these capabilities through the following.
     IAPMO has detailed procedures describing the content of 
the test reports, and other detailed procedures describing the 
preparation and approval of these reports.
     IAPMO has procedures for recording, analyzing, and 
processing complaints from users, manufacturers, and other parties in a 
fair manner.
    OSHA's on-site assessment of IAPMO's facilities confirmed the 
credible reports and complaint handling procedures described in its 
application packet. While the assessors found some non-conformances 
with the requirements of 29 CFR 1910.7, IAPMO addressed these issues 
sufficiently to meet the applicable NRTL requirements.
    OSHA's review of the application file and pertinent documentation, 
as well as the results of the on-site assessment, indicate that IAPMO 
can meet the requirements prescribed by 29 CFR 1910.7 for recognition 
as a Nationally Recognized Testing Laboratory for its site located in 
Ontario, California. The OSHA staff, therefore, preliminarily 
recommended that the Assistant Secretary approve the application. This 
preliminary finding does not constitute an interim or temporary 
approval of IAPMO's application.
    OSHA welcomes public comment as to whether IAPMO meets the 
requirements of 29 CFR 1910.7 for recognition as an NRTL. Comments 
should consist of pertinent written documents and exhibits. Commenters 
needing more time to comment must submit a request in writing, stating 
the reasons for the request. Commenters must submit the written request 
for an extension by the due date for comments. OSHA will limit any 
extension to 10 days unless the requester justifies a longer period. 
OSHA may deny a request for an extension if it is not adequately 
justified. To obtain or review copies of the publicly available 
information in IAPMO's application, including pertinent documents 
(e.g., exhibits) and all submitted comments, contact the Docket Office, 
Room N-2625, Occupational Safety and Health Administration, U.S. 
Department of Labor, at the above address; these materials also are 
available online at http://www.regulations.gov under Docket No. OSHA-
2013-0030.
    OSHA staff will review all comments to the docket submitted in a 
timely manner and, after addressing the issues

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raised by these comments, will recommend to the Assistant Secretary 
whether to grant IAPMO's application for recognition as an NRTL. The 
Assistant Secretary will make the final decision on granting the 
application. In making this decision, the Assistant Secretary may 
undertake other proceedings prescribed in Appendix A to 29 CFR 1910.7. 
OSHA will publish a public notice of this final decision in the Federal 
Register.

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 August 25, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-20592 Filed 8-28-14; 8:45 am]
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