

[Federal Register: March 7, 2007 (Volume 72, Number 44)]
[Notices]               
[Page 10259-10261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr07-166]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

 
Canadian Standards Association; Expansion of Recognition

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

ACTION: Notice.

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[[Page 10260]]

SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision expanding the recognition of the 
Canadian Standards Association (CSA) as a Nationally Recognized Testing 
Laboratory under 29 CFR 1910.7.

DATES: The expansion of recognition becomes effective on March 7, 2007.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, 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.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, employers may use products properly approved 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 the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. We maintain an informational Web page for 
each NRTL that details its scope of recognition. These pages can be 
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html
.

    CSA submitted an application, dated July 5, 2005, (see Exhibit 34-
1) to expand its recognition to include 12 additional test standards. 
The NRTL Program staff determined that nine of these standards are 
``appropriate test standards'' within the meaning of 29 CFR 1910.7(c). 
However, one of these standards was already included in CSA's scope. 
Therefore, OSHA is approving eight test standards for the expansion. 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 expansion 
for the eight additional test standards (see Exhibit 34-2).
    The preliminary notice announcing the expansion application was 
published in the Federal Register on October 6, 2006 (71 FR 59129). 
Comments were requested by October 23, 2006, but no comments were 
received in response to this notice. OSHA is now proceeding with this 
final notice to grant CSA's expansion application.
    The most recent application processed by OSHA specifically related 
to CSA's recognition granted an expansion, and the final notice for 
this expansion was published on August 26, 2003 (68 FR 51303).
    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 N-2625, Washington, DC 20210. Docket No. 
OSHA-2006-0042 (formerly NRTL2-92) contains all materials in the record 
concerning CSA's recognition.
    The current addresses of the CSA facilities already recognized by 
OSHA are:
    Canadian Standards Association, 178 Rexdale Boulevard (Toronto), 
Etobicoke, ON M9W 1R3, Canada;
    CSA International, Pointe-Claire (Montreal), 865 Ellingham Street, 
Pointe-Claire, PQ H9R 5E8, Canada;
    CSA International, Richmond (Vancouver), 13799 Commerce Parkway, 
Richmond, BC V6V 2N9, Canada;
    CSA International, Edmonton, 1707-94th Street, Edmonton, AB T6N 
1E6, Canada;
    CSA International, Irvine, 2805 Barranca Parkway, Irvine, CA 92606; 
and
    CSA International, Cleveland, 8501 East Pleasant Valley Road, 
Cleveland, OH 44131.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's 
recommendation, and other pertinent information. Based upon this 
examination and the assessor's recommendation, OSHA finds that CSA has 
met the requirements of 29 CFR 1910.7 for expansion of its recognition, 
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 of CSA's recognition to testing and 
certification of products for demonstration of conformance to the 
following test standards, each of which OSHA has determined is an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c):

------------------------------------------------------------------------

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UL 568....................................  Nonmetallic Cable Tray
                                             Systems.
FM 3810...................................  Electrical and Electronic
                                             Test, Measuring, and
                                             Process Control Equipment.
UL 61010A-2-010...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Laboratory Equipment for
                                             the Heating of Materials.
UL 61010A-2-041...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Autoclaves Using Steam for
                                             the Treatment of Medical
                                             Materials and for
                                             Laboratory Processes.
UL 61010A-2-042...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Autoclaves and Sterilizers
                                             Using Toxic Gas for the
                                             Treatment of Medical
                                             Materials, and for
                                             Laboratory Processes.
UL 61010A-2-051...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Laboratory Equipment for
                                             Mixing and Stirring.
UL 61010A-2-061...........................  Electrical Equipment for
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Laboratory Atomic
                                             Spectrometers with Thermal
                                             Atomization and Ionization.

[[Page 10261]]


UL 61010B-2-031...........................  Electrical Equipment for
                                             Measurement, Control, and
                                             Laboratory Use; Part 2:
                                             Particular Requirements for
                                             Hand-Held Probe Assemblies
                                             for Electrical Measurement
                                             and Test.
------------------------------------------------------------------------

    The designations and titles of the above test standards were 
current at the time of the preparation of the preliminary notice.
    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, if a test standard also 
covers any product(s) for which OSHA does not require such testing and 
certification, an NRTL's scope of recognition does not include that 
product(s).
    Many UL test standards are approved as American National Standards 
by the American National Standards Institute (ANSI). However, for 
convenience, we use the designation of the standards developing 
organization for the standard as opposed to the ANSI designation. 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. You may contact ANSI to find 
out whether or not a test standard is currently ANSI-approved.

Conditions

    CSA 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 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 26th day of February, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
 [FR Doc. E7-3953 Filed 3-6-07; 8:45 am]

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