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.

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:

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 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]

BILLING CODE 4510-26-P

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