Proposed
Proposed
Proposed
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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Code are repealed: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