[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Notices]
[Pages 28033-28034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12845]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-92]


Canadian Standards Association; Application for Expansion 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 under 29 CFR 1910.7, and presents the 
Agency's preliminary finding. This preliminary finding does not 
constitute an interim or temporary approval of the application.

DATES: You may submit comments in response to this notice, or any 
request for extension of the time to comment, by (1) regular mail, (2) 
express or overnight delivery service, (3) hand delivery, (4) messenger 
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of 
comments by regular mail. Comments (or any request for extension of the 
time to comment) must be submitted by the following dates:
    Regular mail and express delivery service: Your comments must be 
postmarked by June 6, 2003.
    Hand delivery and messenger service: Your comments must be received 
in the OSHA Docket Office by June 6, 2003. OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.
    Facsimile and electronic transmission: Your comments must be sent 
by June 6, 2003.

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger 
service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket NRTL2-92, Room N-2625, U.S. 
Department of Labor, Occupational Safety and Health Administration, 200 
Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA 
Docket Office at (202) 693-2350 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this notice, Docket 
NRTL2-92, in your comments.
    Internet access to comments and submissions: OSHA will place 
comments and submissions in response to this notice on the OSHA Web 
page http://www.osha.gov. Accordingly, OSHA cautions you about 
submitting information of a personal nature (e.g., social security 
number, date of birth). There may be a lag time between when comments 
and submissions are received and when they are placed on the Web page. 
Please contact the OSHA Docket Office at (202) 693-2350 for information 
about materials not available through the OSHA Web page and for 
assistance in using the Web page to locate docket submissions. Comments 
and submissions will also be available for inspection and copying at 
the OSHA Docket Office at the address above.
    Extension of Comment Period: Submit requests for extensions 
concerning this notice to: Office of Technical Programs and 
Coordination Activities, NRTL Program, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3653, 200 Constitution 
Avenue, NW., Washington, DC 20210. Or fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Sherry Nicolas, Office of Technical 
Programs and Coordination Activities, NRTL Program, Room N3653 at the 
address shown immediately above for the program, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION: 

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice that 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 additional 
test standards. OSHA's current scope of recognition for CSA may be 
found in the following informational Web page: http://www.osha-slc.gov/dts/otpca/nrtl/csa.html.
    OSHA recognition of an NRTL signifies that the organization has met 
the legal requirements in section 1910.7 of title 29, Code of Federal 
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the 
organization can perform independent safety testing and certification 
of the specific products covered within its scope of recognition and is 
not a delegation or grant of government authority. As a result of 
recognition, OSHA can accept products ``properly certified'' by the 
NRTL.
    The Agency processes applications by an NRTL for initial 
recognition or for

[[Page 28034]]

expansion or renewal of this recognition following requirements in 
Appendix A to 29 CFR 1910.7. This appendix requires that the Agency 
publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application and 
provides its preliminary finding and, in the second notice, the Agency 
provides its final decision on an application. These notices set forth 
the NRTL's scope of recognition or modifications of this scope.
    The most recent notices published by OSHA for CSA's recognition 
covered a renewal and expansion of recognition, which OSHA announced on 
March 16, 2001 (66 FR 15280) and granted on July 3, 2001 (66 FR 35271).
    The current addresses of the testing facilities (sites) that OSHA 
recognizes for CSA are:

Canadian Standards Association, Etobicoke (Toronto), 178 Rexdale 
Boulevard, Etobicoke, Ontario, M9W 1R3.
CSA International, Pointe-Claire (Montreal), 865 Ellingham Street, 
Pointe-Claire, 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, Irvine, California 
92606.

General Background on the Application

    CSA has submitted a request, dated March 27, 2002 (see Exhibit 30), 
to expand its recognition as an NRTL to use 17 additional test 
standards. The NRTL Program staff has determined that nine of these 
standards cannot be included in the expansion because they are not 
``appropriate test standards,'' within the meaning of 29 CFR 1910.7(c). 
The staff makes similar determinations in processing expansion requests 
from any NRTL. Therefore, OSHA would approve eight test standards for 
the expansion, which are listed below. Through no fault of CSA, the 
application has been delayed in processing.
    CSA seeks recognition for testing and certification of products for 
demonstration of conformance to the following additional test 
standards.

ANSI Z21.19 Refrigerators Using Gas Fuel
ANSI Z21.42 Gas-Fired Illuminating Appliances
ANSI Z21.45 Flexible Connectors of Other Than All-Metal Construction 
for Gas Appliances
ANSI Z21.54 Gas Hose Connectors for Portable Outdoor Gas-Fired 
Appliances
ANSI Z21.57 Recreational Vehicle Cooking Gas Appliances
ANSI Z21.58 Outdoor Cooking Gas Appliances
ANSI Z21.74 Portable Refrigerators for Use With HD-5 Propane Gas
ANSI Z21.76 Gas-Fired Unvented Catalytic Room Heaters for Use With 
Liquefied Petroleum (LP) Gases
UL 2017 General Purpose Signaling Devices and Systems

    The designations and titles of the above test standards were 
current at the time of the preparation of this notice.
    OSHA recognition of any NRTL for a particular test standard is 
limited to equipment or materials (i.e., products) for which OSHA 
standards require third party testing and certification before use in 
the workplace. Consequently, an NRTL's scope of recognition excludes 
any product(s) falling within the scope of the test standard for which 
OSHA has no testing and certification requirements. CSA seeks 
recognition for testing and certification of products to demonstrate 
compliance with the following nine standards.
    The Underwriters Laboratories Inc. (UL) test standard listed above 
also is approved as an American National Standard by the American 
National Standards Institute (ANSI). However, for consistency in our 
treatment of such standards in previous notices, we use the designation 
of the standards developing organization (e.g., UL 2017) for the 
standard, as opposed to the ANSI designation (e.g., ANSI/UL 2017). 
Under our procedures, any NRTL recognized for an ANSI-approved test 
standard may use either the latest proprietary version of the test 
standard or the latest ANSI version of that standard. Contact ``NSSN'' 
(http://www.nssn.org), an organization partially sponsored by ANSI, to 
find out whether or not a test standard is currently ANSI-approved.

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 recommended that CSA's recognition be expanded to include 
the additional test standards listed above (see Exhibit 31).
    Following a review of the application file, the assessor's 
recommendation, and other pertinent documents, the NRTL Program staff 
has concluded that OSHA should grant to CSA the expansion of 
recognition as an NRTL to use the additional test standards listed 
above. The staff, therefore, recommended to the Assistant Secretary 
that the application be preliminarily approved.
    Based upon the recommendations of the staff, the Agency has made a 
preliminary finding that the Canadian Standards Association can meet 
the 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 
ADDRESSES) no later than the last date for comments (see DATES above). 
Should you need more time to comment, OSHA must receive your written 
request for extension at the address provided above no later than the 
last date for comments. You must include your reason(s) for any request 
for extension. OSHA will limit an extension to 15 days unless the 
requester justifies a longer period. We may deny a request for 
extension if it is frivolous or otherwise unwarranted. You may obtain 
or review copies of CSA's request, the recommendation on the expansion, 
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 Agency 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 
section 1910.7. OSHA will publish a public notice of this final 
decision in the Federal Register.

    Signed in Washington, DC, this 23rd day of April, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-12845 Filed 5-21-03; 8:45 am]
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