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.

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 November 4, 1999 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, D.C. 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 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 Section 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 its final decision on an application.

CSA 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). OSHA published the required notice of preliminary finding in the Federal Register (64 FR 38926, 7/20/99) to announce the application. The notice included a preliminary finding that CSA could meet the requirements for expansion of its recognition, and OSHA invited public comment on the application by September 20, 1999. OSHA received no comments concerning this application.

In the July 20 notice, OSHA also noted several changes that it would make to its records on the CSA recognition. As mentioned in the notice, CSA requested these changes and, although it has no requirements to give public notice of such changes, OSHA did so because some changes related to information that the Agency had previously made public. We also mentioned that we would not repeat, and we are not repeating, any details of the changes in the notice of our final decision, i.e., in this current notice. In the notice of preliminary finding, OSHA also announced the voluntary withdrawal of recognition by the American Gas Association (AGA) and, in accordance with our regulations, this withdrawal became effective on July 20, 1999.

CSA's previous application as an NRTL covered its expansion of recognition for additional programs (60 FR 36763, 7/12/96), which OSHA granted on November 20, 1996 (61 FR 59110).

You may obtain or review copies of all public documents pertaining to the application by contacting the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N2625, Washington, D.C. 20210, telephone: (202) 693- 2350. You should refer to Docket No. NRTL-2-92, the permanent records of public information on the CSA recognition.

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 (formerly part of the American Gas Association)

Final Decision and Order

The NRTL Program staff has examined the application and other pertinent information, and the assessment staff recommended, in a memo dated February 10, 1999 (see Exhibit 23), expansion of CSA's recognition to include the additional test standard listed below. Based upon this examination and recommendation, OSHA finds that CSA has met the requirements of 29 CFR 1910.7 for expansion of its recognition to use the additional test standard, subject to the limitations and conditions listed below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the recognition of CSA, subject to these limitations and conditions. As is the case for any NRTL, CSA's recognition is further limited to equipment or materials (products) for which OSHA standards require third party testing and certification before use in the workplace.

Limitations

OSHA hereby expands the recognition of CSA 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. OSHA has determined this standard meets the requirements for an appropriate test standard prescribed in 29 CFR 1910.7(c). The designation and title of the test standard were current at the time of the preparation of this notice.

Conditions

The Canadian Standards Association must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7:

OSHA must be allowed access to CSA's facilities 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 organization that developed the test standard 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 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 continue to meet all the terms of its recognition and will always comply with all OSHA policies pertaining to this recognition;

CSA will continue to meet the requirements for recognition in all areas where it has been recognized; and

CSA will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Signed at Washington, DC this 27th day of October 1999.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 99-28915 Filed 11-3-99; 8:45 am]

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