[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Notices]
[Pages 38926-38927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18382]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. NRTL-2-92]


Canadian Standards Association, Application for Expansion of 
Recognition; American Gas Association, Voluntary Termination of 
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of Canadian Standards 
Association (CSA) for expansion of its recognition as a Nationally 
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents 
the Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of this application. This 
notice also includes certain other changes requested by CSA for its 
recognition as an NRTL. In addition, this notice includes the voluntary 
termination of recognition of the American Gas Association.

DATES: Comments submitted by interested parties must be received no 
later than September 20, 1999. Only submit comments on the application 
for expansion.

ADDRESSES: Send comments concerning the application for expansion to: 
Office of Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW, Room N3653, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical 
Programs and Coordination Activities, NRTL Program, at the above 
address, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that the Canadian Standards Association (CSA) has applied 
for expansion of its current recognition as a Nationally Recognized 
Testing Laboratory (NRTL). CSA's expansion request covers the use of an 
additional test standard. OSHA recognizes an organization as an NRTL, 
and processes applications related to such recognitions, following 
requirements in Sec. 1910.7 of Title 29, Code of Federal Regulations 
(29 CFR 1910.7). Appendix A to this section requires that OSHA publish 
this public notice of the preliminary finding on an application.
    CSA has also informed OSHA of several changes to its operations 
that impact its recognition as an NRTL. The NRTL Program staff have 
reviewed these changes, which are detailed below, and will formally 
show them in OSHA's records on the CSA recognition.
    In this notice, OSHA also includes the voluntary termination of 
recognition of the American Gas Association (AGA). As discussed below, 
AGA has transferred all of its NRTL facilities to CSA.
    CSA's previous application as an NRTL covered its expansion of 
recognition for additional programs (60 FR 36763, July 12, 1996), which 
OSHA granted on November 20, 1996 (61 FR 59110).
    The current addresses of the testing facilities (sites) ** that 
OSHA recognizes for CSA are:

    ** Note: As mentioned below, OSHA is deleting the sites located 
in Moncton and Winnipeg that it had recognized for CSA.

Canadian Standards Association, Etobicoke (Toronto), 178 Rexdale 
Boulevard, Etobicoke, Ontario, M9W 1R3
CSA International, Pointe-Claire (Montreal), 865 Ellingham Street, 
Point-Clair, Quebec H9R 5E8
CSA International, Richmond (Vancouver), 13799 Commerce Parkway, 
Richmond, British Columbia V6V 2N9
CSA International, Edmonton, 1707-94th Street, Edmonton, Alberta T6N 
1E6
CSA International, Cleveland, 8501 East Pleasant Valley Road, 
Cleveland, Ohio 44131 (formerly part of the American Gas 
Association)
CSA International, Irvine, 2805 Barranca Parkway, Irving, California 
92606 (formerly part of the American Gas Association)

General Background on the Application

    CSA has submitted a request, dated December 23, 1998 (see Exhibit 
22A), to

[[Page 38927]]

expand its recognition as an NRTL to include one (1) additional test 
standard, and provided some additional information relative to its 
request on January 5, 1999 (see Exhibit 22B). CSA seeks recognition for 
testing and certification of products to demonstrate compliance to the 
following test standard: UL 6500 Audio/Visual and Musical Instrument 
Apparatus for Household, Commercial, and Similar General Use. The 
designation and title of the test standard was current at the time of 
the preparation of this notice, and OSHA has determined the standard is 
appropriate, as prescribed by 29 CFR 1910.7(c). OSHA recognition of any 
NRTL for a particular test standard is limited to products for which 
OSHA safety standards (generally found in 29 CFR part 1910) require 
third party testing and certification before use in the workplace.
    In letters dated March 5, 1999 (see Exhibit 22C), CSA has also 
informed OSHA regarding the following changes in its operations that 
affect its recognition as an NRTL: (1) It is also known as CSA 
International; (2) the markings for its NRTL activities will include 
the initials ``US'' in place of the initials ``NRTL''; (3) it no longer 
operates two Canadian sites formerly recognized by OSHA; (4) it has 
acquired two NRTL sites that OSHA formerly recognized for the American 
Gas Association (AGA); and (5) it has time-limited use of AGA's ``blue 
star'' marks for its NRTL certification activities. CSA has requested 
that OSHA amend its records to reflect the above changes. The NRTL 
Program staff has already indicated to CSA that it does not object to 
these changes, which the Agency will formally reflect in its records. 
OSHA has no requirement to give public notice of such changes, but it 
is doing so because some of the changes relate to information that the 
Agency has made public in previous notices regarding CSA's and AGA's 
recognitions. We give some details on these changes below but will not 
repeat these details in the notice of our final decision on the 
expansion request.
    Regarding the change of initials, when OSHA recognized CSA as an 
NRTL (see 57 FR 61452, December 24, 1992), it imposed a condition on 
CSA to use the ``NRTL'' initials in the product markings that it 
authorized in its capacity as an NRTL. However, the NRTL Program staff 
believes there currently are no compelling reasons to continue this 
condition. CSA's use of the ``US'' initials is consistent with the 
markings of other NRTLs. Regarding the Canadian sites, CSA has stated 
it no longer uses the sites in Moncton, New Brunswick, and in Winnipeg, 
Manitoba, for its NRTL operations. OSHA recognized CSA for these two 
sites on August 9, 1994 (see 59 FR 40602).
    Regarding the changes related to AGA, CSA acquired two testing 
sites that were a part of AGA when OSHA recognized it as an NRTL (see 
55 FR 23312, June 7, 1990). As part of the acquisition, CSA also gained 
exclusive, but time-limited, use of the AGA ``blue star'' mark. In 
recognizing AGA's facilities for CSA, OSHA recognizes that the scope of 
recognition that now exists for the AGA sites will be integrated into 
the scope of recognition for CSA. This means the Agency will just list 
the former AGA sites under the CSA recognition, as if these sites had 
been recognized for CSA, and will not separately identify the test 
standards that OSHA had recognized for those sites. This treatment is 
consistent with the recognition that OSHA has granted to other NRTLs 
that operate multiple sites. For these NRTLs, OSHA generally recognizes 
the NRTL for the test standards for which it is qualified, and the NRTL 
may then use a site to perform product testing and certifications only 
to the test standards for which the site has the proper capability and 
programs. OSHA does not limit recognition of a site to particular test 
standards unless specific limitations are warranted.

Notice of Voluntary Termination

    In transferring all of its NRTL facilities and mark to CSA, AGA has 
in effect provided OSHA notice of its voluntary termination of its 
recognition. Under section II.D of Appendix A to 29 CFR 1910.7, OSHA 
must ``inform the public of any voluntary termination by Federal 
Register notice.'' For convenience, the Agency is complying with this 
provision in conjunction with this notice on its preliminary finding on 
the CSA expansion request.

Preliminary Finding on the Application

    CSA has submitted an acceptable request for expansion of its 
recognition as an NRTL. In connection with this request, OSHA did not 
perform an on-site review of CSA's NRTL testing facilities. However, 
NRTL Program assessment staff reviewed information pertinent to the 
request and, in a memo dated February 10, 1999 (see Exhibit 23), 
recommended that CSA's recognition be expanded to include the 
additional test standard listed above.
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA can grant, to the CSA facilities listed above, 
the expansion of recognition to use the additional test standard. 
However, CSA must use a site to perform testing and certifications only 
to the test standards for which the site has the proper capability and 
programs. The staff therefore recommended to the Assistant Secretary 
that the application be preliminarily approved.
    Based upon the recommendation of the staff, the Assistant Secretary 
has made a preliminary finding that the Canadian Standards Association 
facilities listed above can meet the recognition requirements, as 
prescribed by 29 CFR 1910.7, for the expansion of recognition. This 
preliminary finding does not constitute an interim or temporary 
approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether 
CSA has met the requirements of 29 CFR 1910.7 for expansion of its 
recognition as a Nationally Recognized Testing Laboratory. Your comment 
should consist of pertinent written documents and exhibits. To consider 
it, OSHA must receive the comment at the address provided above (see 
ADDRESS), no later than the last date for comments (see DATES above). 
You may obtain or review copies of CSA's requests, the memo on the 
recommendation, and all submitted comments, as received, by contacting 
the Docket Office, Room N2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. You 
should refer to Docket No. NRTL-2-92, the permanent record of public 
information on CSA's recognition.
    The NRTL Program staff will review all timely comments, and after 
resolution of issues raised by these comments, will recommend whether 
to grant CSA's expansion request. The Assistant Secretary will make the 
final decision on granting the expansion and, in making this decision, 
may undertake other proceedings that are prescribed in Appendix A to 29 
CFR 1910.7. OSHA will publish a public notice of this final decision in 
the Federal Register.

    Signed at Washington, DC, this 8th day of July, 1999.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 99-18382 Filed 7-19-99; 8:45 am]
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