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WSR 12-21-104 Washington State Register, Issue 12-21<br />

Field evaluation mark.<br />

(((50))) (48) Only laboratory personnel may apply the<br />

field evaluation mark after final acceptance of the product.<br />

The field evaluation label must be applied on-site at the location<br />

of the final installation, unless waived by the department.<br />

(((51))) (49) The field evaluation laboratory must have a<br />

system of controls and records for all field evaluation marks<br />

it applies. The records must include labels removed or otherwise<br />

voided.<br />

(((52))) (50) A field evaluated product may be relocated<br />

or fed from a different power source if not prohibited by the<br />

field evaluation mark or the field evaluation report.<br />

(((53))) (51) The field evaluation mark must:<br />

(a) Not be readily transferable from one product to<br />

another;<br />

(b) Be directly applied by the laboratory personnel to<br />

each unit of production in the form of labels or markings suitable<br />

for the environment and use of the product;<br />

(c) Include the name or other appropriate identification<br />

of the certification laboratory; ((and))<br />

(d) Include a unique evaluation laboratory reference<br />

number; and<br />

(e) Include a reference to the evaluation report or other<br />

notation if there are any limitations of use noted within the<br />

report.<br />

(((54))) (52) The field evaluation laboratory must have a<br />

system of controls and records for all field evaluation marks<br />

it applies. The records must include labels removed or otherwise<br />

voided. See subsection (26) of this section.<br />

REPEALER<br />

The following sections of the Washington Administrative<br />

Code are repealed:<br />

WAC 296-46B-520 Special occupancies—Theaters,<br />

motion picture and<br />

television studios, performance<br />

areas and similar<br />

areas.<br />

WAC 296-46B-965 Training certificate required.<br />

WSR 12-21-104<br />

PROPOSED RULES<br />

DEPARTMENT OF<br />

LABOR AND INDUSTRIES<br />

[Filed October 23, 2012, 10:56 a.m.]<br />

Original Notice.<br />

Preproposal statement of inquiry was filed as WSR 12-<br />

17-122.<br />

Title of Rule and Other Identifying Information:<br />

Apprenticeship rules, chapter 296-05 WAC.<br />

Hearing Location(s): Spokane Community College,<br />

Apprenticeship and Journeyman Training Center, 2110 North<br />

Fancher, Spokane, WA 99212, on December 5, 2012, at 9:00<br />

a.m.; and at the Department of Labor and Industries, 7273<br />

<strong>Proposed</strong> [ 106 ]<br />

Linderson Way S.W., Room S119, Tumwater, WA 98501, on<br />

December 6, 2012, at 1:00 p.m.<br />

Date of Intended Adoption: January 22, 2013.<br />

Submit Written Comments to: Sally Elliott, P.O. Box<br />

44400, Olympia, WA 98504-4400, e-mail sally.elliott@lni.<br />

wa.gov, fax (360) 902-5292, by 5 p.m. on December 6, 2012.<br />

Assistance for Persons with Disabilities: Contact Sally<br />

Elliott by November 23, 2012, at sally.elliott@lni.wa.gov or<br />

(360) 902-6411.<br />

Purpose of the Proposal and Its Anticipated Effects,<br />

Including Any Changes in Existing Rules: The apprenticeship<br />

program needs to proceed with rule making in response<br />

to chapter 308, Laws of 2011 (SB 5584) and chapter 21,<br />

Laws of 2011 (E2SHB 1371).<br />

The rule making will:<br />

• Adopt an appeal process to comply with a new<br />

director's review for council decisions involving<br />

federal purposes.<br />

• Amend language that designates the department,<br />

rather than the Washington state apprenticeship and<br />

training council, as the rule-making authority for<br />

apprenticeship.<br />

• Amend language for consistency and to align the<br />

language with the new statutory requirements.<br />

• Amend language to allow the director, rather than<br />

the governor, to appoint public members to the<br />

council.<br />

Statutory Authority for Adoption: Chapter 49.04 RCW,<br />

chapter 308, Laws of 2011 (SB 5584) and chapter 21, Laws<br />

of 2011 (E2SHB 1371).<br />

Statute Being Implemented: Chapter 49.04 RCW, chapter<br />

308, Laws of 2011 (SB 5584) and chapter 21, Laws of<br />

2011 (E2SHB 1371).<br />

Rule is not necessitated by federal law, federal or state<br />

court decision.<br />

Name of Proponent: Department of labor and industries,<br />

governmental.<br />

Name of Agency Personnel Responsible for Drafting,<br />

Implementation and Enforcement: Jose Rodriguez, Tumwater,<br />

Washington, (360) 902-6348.<br />

No small business economic impact statement has been<br />

prepared under chapter 19.85 RCW. The proposed rule<br />

changes clarify language of the current rule without changing<br />

its effect and the contents of some changes are explicitly and<br />

specifically dictated by statute. Therefore, the department is<br />

exempt from conducting [a] small business economic impact<br />

statement under RCW 19.85.025(3) referencing RCW 34.05-<br />

.310 (4)(c),(d) and (e).<br />

A cost-benefit analysis is not required under RCW<br />

34.05.328. The proposed rule changes clarify language of the<br />

current rule without changing its effect and the contents of<br />

some changes are explicitly and specifically dictated by statute.<br />

Therefore, the department is exempt from conducting a<br />

cost-benefit analysis under RCW 34.05.328 (5)(b)(iii).<br />

October 23, 2012<br />

Judy Schurke<br />

Director

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