[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5921-5923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01780]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]


CSA Group Testing & Certification Inc.: Application for Expansion 
of Recognition and Proposed Modification to the NRTL Program's List of 
Appropriate Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of CSA Group & 
Testing Certification Inc., for expansion of the recognition as a 
Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant the application. Additionally, 
OSHA proposes to add one test standard to the NRTL Program's List of 
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before February 14, 2023.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2006-0042). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about

[[Page 5922]]

themselves or others) such as Social Security numbers, birth dates, and 
medical data.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office. All 
documents in the docket (including this Federal Register notice) are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before February 14, 2023 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, phone: (202) 693-1999 or email: 
[email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, phone: (202) 693-2110 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of the Application for Expansion

    OSHA is providing notice that CSA Group Testing & Certification 
Inc. (CSA), is applying for expansion of the current recognition as a 
NRTL. CSA requests the addition of three test standards to the NRTL 
scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified in 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within the 
scope of recognition. Each NRTL's scope of recognition includes: (1) 
the type of products the NRTL may test, with each type specified by the 
applicable test standard; and (2) the recognized site(s) that has/have 
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope. 
Recognition is not a delegation or grant of government authority; 
however, recognition enables employers to use products approved by the 
NRTL to meet OSHA standards that require product testing and 
certification.
    The agency processes applications by a NRTL for initial recognition 
and for an 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 a preliminary finding. In the second notice, 
the agency provides a final decision on the application. These notices 
set forth the NRTL's scope of recognition or modifications of that 
scope. OSHA maintains an informational web page for each NRTL, 
including CSA, which details the NRTL's scope of recognition. These 
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CSA currently has seven facilities (sites) recognized by OSHA for 
product testing and certification, with the headquarters located at: 
CSA Group Testing & Certification Inc., 178 Rexdale Boulevard, 
Etobicoke, Ontario, M9W 1R3, Canada. A complete list of CSA's scope of 
recognition is available at https://www.osha.gov/nationally-recognized-testing-laboratory-program/csa.

II. General Background on the Application

    CSA submitted an application on September 24, 2021 (OSHA-2006-0042-
0030), to expand the recognition to include four additional test 
standards. This application was revised on January 18, 2022 (OSHA-2006-
0042-0031) to remove one standard from the original request. This 
expansion covers the remaining three standards. OSHA staff performed a 
detailed analysis of the application packet and reviewed other 
pertinent information. OSHA did not perform any on-site reviews in 
relation to this application.
    Table 1, below, lists the appropriate test standards found in CSA's 
application for expansion for testing and certification of products 
under the NRTL Program.

  Table 1--Proposed Appropriate Tests Standards for Inclusion in CSA's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 8800 *.........................  Horticultural Lighting Equipment and
                                     Systems.
UL 1598C..........................  Standard for Light Emitting Diode
                                     (LED) Retrofit Luminaire Conversion
                                     Kits.
UL 61010-2-091....................  Standard for Safety Requirements for
                                     Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 2-091: Particular
                                     Requirements for Cabinet X-Ray
                                     Systems.
------------------------------------------------------------------------
* Represents the standard that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of 
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the 
NRTL list of appropriate test standards following an evaluation of the 
test standard document. To qualify as an appropriate test standard, the 
agency evaluates the document to: (1) verify it represents a product 
category for which OSHA requires certification by a NRTL, (2) verify 
the document represents an end product and not a component, and (3) 
verify the document defines safety test specifications (not 
installation or operational performance specifications). OSHA becomes 
aware of new test standards through various avenues. For example, OSHA 
may become aware of new test standards by: (1) monitoring notifications 
issued by certain Standards Development Organizations; (2) reviewing 
applications by NRTLs or applicants seeking recognition to include new 
test standards in their scopes of recognition; and (3) obtaining 
notification from manufacturers, manufacturing organizations, 
government agencies, or other parties. OSHA may determine to include a 
new test standard in the list, for example, if

[[Page 5923]]

the test standard is for a particular type of product that another test 
standard also covers or it covers a type of product that no standard 
previously covered.
    In this notice, OSHA proposes to add one new test standard to the 
NRTL Program's List of Appropriate Test Standards. Table 2, below, 
lists the test standard that is new to the NRTL Program. OSHA 
preliminarily determined that this test standard is an appropriate test 
standard and proposes to include it in the NRTL Program's List of 
Appropriate Test Standards. OSHA seeks public comment on this 
preliminary determination.

  Table 2--Test Standard OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 8800...........................  Horticultural Lighting Equipment and
                                     Systems.
------------------------------------------------------------------------

IV. Preliminary Findings on the Application

    CSA submitted an acceptable application for expansion of the scope 
of recognition. OSHA's review of the application file, and pertinent 
documentation, indicate that CSA has met the requirements prescribed by 
29 CFR 1910.7 for expanding the recognition to include the addition of 
the three test standards for NRTL testing and certification listed in 
Table 1. This preliminary finding does not constitute an interim or 
temporary approval of CSA's application.
    OSHA seeks comment on this preliminary determination.

IV. Public Participation

    OSHA welcomes public comment as to whether CSA meets the 
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL. 
Comments should consist of pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in 
writing, stating the reasons for the request by the due date for 
comments. OSHA will limit any extension to 10 days unless the requester 
justifies a longer time period. OSHA may deny a request for an 
extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well 
as comments submitted to the docket, contact the Docket Office, 
Occupational Safety and Health Administration, U.S. Department of 
Labor. These materials also are generally available online at https://www.regulations.gov under Docket No. OSHA-2006-0042 (for further 
information, see the ``Docket'' heading in the section of this notice 
titled ADDRESSES).
    OSHA staff will review all comments to the docket submitted in a 
timely manner. After addressing the issues raised by these comments, 
staff will make a recommendation to the Assistant Secretary of Labor 
for Occupational Safety and Health on whether to grant CSA's 
application for expansion of the scope of recognition. The Assistant 
Secretary will make the final decision on granting the application. In 
making this decision, the Assistant Secretary may undertake other 
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the 
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice. Accordingly, the agency is issuing this notice pursuant to 29 
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393, 
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on January 23, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-01780 Filed 1-27-23; 8:45 am]
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