[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Pages 51303-51304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21763]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-92]


Canadian Standards Association; Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Agency's final decision on the 
application of the Canadian Standards Association (CSA) for expansion 
of its recognition as a Nationally Recognized Testing Laboratory (NRTL) 
under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition becomes effective on August 26, 2003 
and, unless modified in accordance with 29 CFR 1910.7, continues in 
effect while CSA remains recognized by OSHA as an NRTL.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, 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, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby 
gives notice of the expansion of recognition of the Canadian Standards 
Association (CSA) as a Nationally Recognized Testing Laboratory (NRTL). 
CSA's expansion 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 acknowledgement 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, employers may use products ``properly certified'' by the 
NRTL to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial 
recognition or for 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.
    CSA 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 determined that nine of these standards could 
not 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 approves eight test standards for the expansion, 
which are listed below. Through no fault of CSA, the application was 
initially delayed in processing.
    In connection with the request, OSHA did not perform an on-site 
review of CSA's NRTL testing facilities. However, NRTL Program 
assessment staff

[[Page 51304]]

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).
    OSHA published the notice of its preliminary findings on the 
expansion request in the Federal Register on May 22, 2003 (68 FR 
28033). The notice requested submission of any public comment by June 
6, 2003. OSHA did not receive any comments pertaining to the 
application.
    The previous notice published by OSHA for CSA's recognition covered 
a renewal and expansion of recognition, which became effective on July 
3, 2001 (66 FR 35271).
    You may obtain or review copies of all public documents pertaining 
to the CSA application by contacting the Docket Office, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N2625, Washington, DC 20210. You should 
refer to Docket No. NRTL-2-92, the permanent record of public 
information on CSA's recognition.
    The current address 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 (formerly part of the American Gas Association)

Final Decision and Order

    The NRTL Program staff has examined the application, the assessor's 
recommendation, and other pertinent information. Based upon this 
examination and the recommendation, OSHA finds that the Canadian 
Standards Association has met the requirements of 29 CFR 1910.7 for 
expansion of its recognition to include the additional test standards 
subject to the limitation and conditions listed below. Pursuant to the 
authority in 29 CFR 1910.7, OSHA hereby expands the recognition of CSA, 
subject to this limitation and these conditions.

Limitation

    OSHA limits the expansion to testing and certification of products 
for demonstration of conformance to the following 8 test standards, and 
OSHA has determined the standards are appropriate, within the meaning 
of 29 CFR 1910.7(c).

ANSI Z21.19 Refrigerators Using Gas Fuel
ANSI Z21.42 Gas-Fires 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 Purposes Signaling Devices and Systems

    OSHA's recognition of CSA, or 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) that fall within the scope of a 
test standard, but for which OSHA standards do not require testing and 
certification.

Conditions

    CSA must also abide by the following conditions of the recognition, 
in addition to those already required by 29 CFR 1910.7:
    CSA must have specific written testing procedures in place before 
testing products covered by any test standard for which it is 
recognized and must use these procedures in testing and certifying 
those products;
    OSHA must be allowed access to CSA's facility and records for 
purposes of ascertaining continuing compliance with the terms of its 
recognition and to investigate as OSHA deems necessary;
    If CSA has reason to doubt the efficacy of any test standard it is 
using under this program, it must promptly inform the test standard 
developing organization of this fact and provide that organization with 
appropriate relevant information upon which its concerns are based;
    CSA must not engage in or permit others to engage in any 
misrepresentation of the scope or conditions of its recognition. As 
part of this condition, CSA agrees that it will allow no representation 
that it is either a recognized or an accredited Nationally Recognized 
Testing Laboratory (NRTL) without clearly indicating the specific 
equipment or material to which this recognition is tied, or that its 
recognition is limited to certain products;
    CSA must inform OSHA as soon as possible, in writing, of any change 
of ownership, facilities, or key personnel, and of any major changes in 
its operations as an NRTL, including details;
    CSA will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    CSA will continue to meet the requirements for recognition in all 
areas where it has been recognized.

    Signed at Washington, DC this 15th day of August, 2003.
John L. Henshaw,
Assistant Secretary.
[FR Doc. 03-21763 Filed 8-25-03; 8:45 am]
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