Canadian Standards Association; Application for Expansion of Recognition, 21666-21668 [2010-9546]
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21666
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices
standards, none of which appears to
cover primarily product-safety testing.
These four standards are:
ANSI/NFPA 11 Low-, Medium-, and
High-Expansion Foam
ANSI/NFPA 12 Carbon Dioxide
Extinguishing Systems
ANSI/NFPA 12A Halon 1301 Fire
Extinguishing Systems
ANSI/NFPA 17 Dry Chemical
Extinguishing Systems
Accordingly, OSHA is proposing to
remove NFPA 16 and the four similar
test standards from these NRTLs’ scopes
of recognition. Before doing so, OSHA
requests comment on whether this
action would have adverse impact on
the requirements for NRTL certification
specified for products under its
standards (such as preventing NRTLs
from certifying fire-extinguishing agents
or products). If commenters believe that
adverse impact would occur, OSHA
requests that they comment on whether
the Agency should continue allowing
NRTLs to use these test standards until
it identifies appropriate standards for
certifying the affected products.4 If no
adverse impacts would occur, OSHA is
proposing to delete NFPA 16 and the
four similar test standards from the
scopes of the affected NRTLs. OSHA
will issue its decision regarding these
test standards in the subsequent Federal
Register notice announcing the results
of UL’s expansion request.
sroberts on DSKD5P82C1PROD with NOTICES
Preliminary Finding on the Application
UL submitted an acceptable request
for expansion of its recognition as an
NRTL. OSHA’s review of the
application file and other pertinent
documents indicates that UL can meet
the requirements, as prescribed by 29
CFR 1910.7, for an expansion of its
recognition to include the additional
test standards listed above. This
preliminary finding does not constitute
an interim or temporary approval of the
application.
OSHA welcomes public comments, in
sufficient detail, as to whether UL meets
the requirements of 29 CFR 1910.7 for
expansion of its recognition as an 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. OSHA must receive the written
request for an extension by the due date
for comments. OSHA will limit any
extension to 15 days unless the
requester justifies a longer period.
4 If OSHA determines that adverse impact would
occur, OSHA may add NFPA 16 to UL’s scope of
recognition until it identifies an appropriate
substitute test standard.
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16:56 Apr 23, 2010
Jkt 220001
OSHA may deny a request for an
extension if it is not adequately
justified. To obtain or review copies of
UL’s request and other pertinent
documents, and all submitted
comments, as received, contact the
Docket Office, Room N–2625,
Occupational Safety and Health
Administration, U.S. Department of
Labor, at the above address; these
materials also are available online at
https://www.regulations.gov under
Docket No. OSHA–2009–0025.
The NRTL Program staff will review
all timely comments and, after
addressing the issues raised by these
comments, will recommend whether to
grant UL’s expansion request. The
Assistant Secretary will make the final
decision on granting the request, 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.
Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, 200 Constitution
Avenue, NW., Washington, DC 20210,
directed the preparation of this notice.
Accordingly, the Agency is issuing this
notice pursuant to Sections 6(b) and 8(g)
of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655 and 657),
Secretary of Labor’s Order No. 5–2007
(72 FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, on April 20,
2010.
David Michaels,
Assistant Secretary for Occupational Safety
and Health.
[FR Doc. 2010–9545 Filed 4–23–10; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0042]
Canadian Standards Association;
Application for Expansion of
Recognition
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
SUMMARY: This notice announces the
application of the Canadian Standards
Association for expansion of its
recognition and presents the Agency’s
preliminary finding to grant this
request. OSHA also is seeking comment
on the equivalency of the ANSI/AAMI
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Frm 00090
Fmt 4703
Sfmt 4703
ES60601–1:2005 and UL 60601–1
product-safety test standards.
DATES: Submit information or
comments, or any request for extension
of the time to comment, on or before
May 11, 2010. All submissions must
bear a postmark or provide other
evidence of the submission date.
ADDRESSES: Submit comments by any of
the following methods:
Electronically: Submit comments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
Fax: If submissions, including
attachments, are no longer than 10
pages, commenters may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail, or
messenger or courier service: Submit
one copy of the comments to the OSHA
Docket Office, Docket No. OSHA–2006–
0042, U.S. Department of Labor, Room
N–2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries
(hand, express mail, and messenger and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (i.e., OSHA–2006–0042).
OSHA will place all submissions,
including any personal information
provided, in the public docket without
revision, and these submissions will be
made available online at https://
www.regulations.gov.
Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Extension of comment period: Submit
requests for an extension of the
comment period on or before May 11,
2010 to the 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 by fax to (202) 693–1644.
FOR FURTHER INFORMATION CONTACT:
MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination
Activities, NRTL Program, Occupational
E:\FR\FM\26APN1.SGM
26APN1
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–3655,
Washington, DC 20210; telephone: (202)
693–2110. For information about the
NRTL Program, go to https://
www.osha.gov, and select ‘‘N’’ in the site
index.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with NOTICES
Notice of Expansion Application
The Occupational Safety and Health
Administration (OSHA) is providing
notice that the Canadian Standards
Association (CSA) applied for
expansion of its current recognition as
a Nationally Recognized Testing
Laboratory (NRTL). CSA’s expansion
request covers the use of additional test
standards.
OSHA recognition of an NRTL
signifies that the organization meets the
legal 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 its scope of recognition,
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products approved by the NRTL to meet
OSHA standards that require product
testing and certification.
The Agency processes applications by
an NRTL for initial recognition, or 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 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. OSHA
maintains an informational Web page
for each NRTL that details its scope of
recognition. These pages can be
accessed from the Web site at https://
www.osha.gov/dts/otpca/nrtl/
index.html. Each NRTL’s scope of
recognition has three elements: (1) The
type of products the NRTL may test,
with each type specified by its
applicable test standard; (2) the
recognized site(s) that has/have the
technical capability to perform the
testing and certification activities for
test standards within the NRTL’s scope;
and (3) the supplemental program(s)
that the NRTL may use, each of which
allows the NRTL to rely on other parties
to perform activities necessary for
product testing and certification.
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16:56 Apr 23, 2010
Jkt 220001
General Background on the Application
CSA submitted an application, dated
June 25, 2008, to expand its recognition
to include five additional test standards.
(Ex. 2—CSA expansion application
dated 6/25/2008.) The NRTL Program
staff determined that four of these
standards are ‘‘appropriate test
standards’’ within the meaning of 29
CFR 1910.7(c). In connection with this
request, NRTL Program staff did not
perform an onsite review of CSA’s
recognized sites. The staff only
performed a comparability analysis,1
which determined that CSA has the
capabilities to perform the testing to the
four standards, which are listed below.
As a result, the Agency would approve
these four test standards for the
expansion.
CSA seeks expansion of its
recognition for testing and certification
of products to the following test
standards: 2
UL 498A Current Taps and Adapters.
UL 515 Electrical Resistance Heat
Tracing for Commercial and Industrial
Applications.
UL 1673 Electric Space Heating
Cables.
UL 1977 Component Connectors for
Use in Data, Signal, Control and
Power Applications.
CSA amended its application on
October 20, 2009 (see Ex. 3—CSA
amendment dated 10/20/2009), to
request recognition for the following
additional test standard based on its
present recognition for UL 60601–1:
ANSI/AAMI ES60601–1:2005 Medical
Electrical Equipment—Part 1: General
Requirements for Basic Safety and
Essential Performance.
In its request, CSA explained that the
AAMI standard will be replacing UL
60601–1, and that all NRTLs recognized
for UL 60601–1 should have the AAMI
standard added to their scope. OSHA
requests comments on the equivalency
of these two standards. If the comments
or other information demonstrate that
the standards are substantially
equivalent, then OSHA will contact
each NRTL that is currently recognized
for UL 60601–1 to determine whether to
add the AAMI standard to its scope.
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
1 This analysis involves determining whether the
testing and evaluation requirements of test
standards already in an NRTL’s scope are
comparable to the requirements in the standards
requested by the NRTL.
2 The designations and titles of these test
standards were current at the time of the
preparation of this notice.
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Frm 00091
Fmt 4703
Sfmt 4703
21667
require third-party testing and
certification before use in the
workplace. Consequently, if a test
standard also covers any product for
which OSHA does not require such
testing and certification, an NRTL’s
scope of recognition does not include
that product.
The test standards listed above may
be approved as American National
Standards by the American National
Standards Institute (ANSI). However, for
convenience, we may use the
designation of the standards-developing
organization for the standard as opposed
to the ANSI designation. Under the
NRTL Program’s policy, any NRTL
recognized for a particular test standard
may use either the proprietary version
of the test standard or the ANSI version
of that standard. Contact ANSI to
determine whether a test standard is
currently ANSI approved.
Preliminary Finding on the Application
CSA submitted an acceptable request
for expansion of its recognition as an
NRTL. OSHA’s review of the
application file and other pertinent
documents indicates that CSA can meet
the requirements, as prescribed by 29
CFR 1910.7, for an expansion of its
recognition to include the additional
test standards listed above. 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
meets the requirements of 29 CFR
1910.7 for expansion of its recognition
as a Nationally Recognized Testing
Laboratory. 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. OSHA must receive the written
request for an extension by the due date
for comments. OSHA will limit any
extension to 15 days unless the
requester justifies a longer period.
OSHA may deny a request for an
extension if it is not adequately
justified. To obtain or review copies of
CSA’s request and other pertinent
documents, and all submitted
comments, as received, contact the
Docket Office, Room N–2625,
Occupational Safety and Health
Administration, U.S. Department of
Labor, at the above address; these
materials also are available online at
https://www.regulations.gov under
Docket No. OSHA–2006–0042.
The NRTL Program staff will review
all timely comments and, after
addressing the issues raised by these
comments, will recommend whether to
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26APN1
21668
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Notices
grant CSA’s expansion request. The
Assistant Secretary will make the final
decision on granting the request, 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.
Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, 200 Constitution
Avenue, NW., Washington, DC 20210,
directed the preparation of this notice.
Accordingly, the Agency is issuing this
notice pursuant to Sections 6(b) and 8(g)
of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655 and 657),
Secretary of Labor’s Order No. 5–2007
(72 FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, on April 20,
2010.
David Michaels,
Assistant Secretary for Occupational Safety
and Health.
[FR Doc. 2010–9546 Filed 4–23–10; 8:45 am]
BILLING CODE 4510–26–P
693–8553. (This is not a toll-free
number.)
On
October 5, 2009, the Department
published a notice of proposed
individual exemption from the
restrictions of sections 406(a)(1)(A),
406(a)(1)(B), 406(a)(1)(D), 406(a)(1)(E),
406(a)(2), 406(b)(1), 406(b)(2), and
407(a) of the Act (the Notice, or
proposed exemption).2 The proposed
exemption was requested in an
application filed by New Chrysler, the
successor to the assets of Chrysler LLC,
pursuant to section 408(a) of the Act
and in accordance with the procedures
set forth in 29 CFR 2570, Subpart B (55
FR 32836, August 10, 1990). Effective
December 31, 1978, section 102 of
Reorganization Plan No. 4 of 1978, (43
FR 47713, October 17, 1978) transferred
the authority of the Secretary of the
Treasury Department to issue
exemptions of the type requested to the
Secretary of Labor. Accordingly, this
final exemption is being issued solely
by the Department.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
[Prohibited Transaction Exemption 2010–
12; Exemption Application No. L–11566]
Grant of Individual Exemption
Involving Chrysler LLC, Located in
Auburn Hills, MI
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY: Employee Benefits Security
Administration, U.S. Department of
Labor.
ACTION: Grant of individual exemption.
This document contains an individual
exemption issued by the Department of
Labor (the Department) from certain
prohibited transaction restrictions of the
Employee Retirement Income Security
Act of 1974 (the Act or ERISA). The
transactions involve the New Chrysler
VEBA Plan and its associated UAW
Retiree Medical Benefits Trust (the
VEBA Trust) (collectively the VEBA).1
DATES: Effective Date: This exemption is
effective as of June 10, 2009.
FOR FURTHER INFORMATION CONTACT:
Warren Blinder, Office of Exemption
Determinations, Employee Benefits
Security Administration, U.S.
Department of Labor, telephone (202)
1 Because the New Chrysler VEBA Plan will not
be qualified under section 401 of the Internal
Revenue Code of 1986, as amended, there is no
jurisdiction under Title II of the Act pursuant to
section 4975 of the Code. However, there is
jurisdiction under Title I of the Act.
VerDate Nov<24>2008
16:56 Apr 23, 2010
Jkt 220001
On March 30, 2008, Chrysler LLC and
the International Union, United
Automobile, Aerospace and Agricultural
Implement Workers of America (the
UAW), along with respective class
representatives (Class Counsel) of
plaintiff class members in UAW v.
Chrysler LLC (the English Case) entered
into a Settlement Agreement (the
English Settlement Agreement)
providing, among other things, that
Chrysler LLC transfer responsibility and
funding for retiree health care benefits
to a voluntary employees’ beneficiary
association (a VEBA).3 The English Case
had been brought to contest Chrysler
LLC’s asserted right to unilaterally
modify the retiree health benefits under
the Chrysler Health Care Program for
Hourly Employees. Under the English
Settlement Agreement, Chrysler LLC’s
obligation to provide post-retirement
medical benefits to the ‘‘Class’’ and
‘‘Covered Group’’ would be terminated,
and instead, Chrysler LLC would
transfer certain assets to the VEBA Trust
to provide the Class and Covered Group
with post-retirement medical benefits
under the New Chrysler VEBA Plan.4
2 See Notice of Proposed Individual Exemption
Involving Chrysler LLC, Located in Auburn Hills,
MI, 74 FR 51182 (October 5, 2009).
3 See, International Union, United Automobile,
Aerospace and Agricultural Implement Workers of
America, et al. v. Chrysler, LLC, Civ. Act. No. 2:07–
cv–14310 (E.D. Mich, complaint filed October 11,
2007).
4 The New Chrysler VEBA Plan provides retiree
medical benefits to members of the ‘‘Class’’ and the
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
As a result of deteriorating economic
conditions and a growing liquidity
crisis, on April 30, 2009, Chrysler LLC
and 26 of its domestic direct and
indirect subsidiaries filed a bankruptcy
action under chapter 11 of Title 11 of
the United States Code (the Bankruptcy
Code) with the Bankruptcy Court and
announced a plan for a partnership with
Italian automaker Fiat S.p.A. (Fiat).5 On
June 10, 2009, Chrysler LLC completed
the sale under Section 363 of the
Bankruptcy Code (a Section 363 Sale) of
substantially all of its assets to an entity
called New Carco Acquisition LLC (later
renamed Chrysler Group LLC, and
hereinafter referred to as ‘‘New
Chrysler’’), a Delaware limited liability
company formed by Fiat North America
LLC, a subsidiary of Fiat.6 As discussed
in greater detail in the proposed
exemption, Fiat will initially own a
minority 20% stake of New Chrysler
with the option of acquiring additional
equity if certain milestones are met.
Through the Bankruptcy proceeding,
New Chrysler acquired certain core
assets from Chrysler LLC in exchange
for the assumption of certain liabilities
of Chrysler LLC and a cash payment to
Chrysler LLC pursuant to the Master
Transaction Agreement, dated as of
April 30, 2009 as subsequently amended
(collectively with other ancillary and
supporting documents, the ‘‘MTA’’).
Following the Bankruptcy proceeding
and the sale of the assets from Chrysler
LLC to New Chrysler, initial ownership
of New Chrysler will be broken into two
classes of membership interests, Class A
(800,000 interests) and Class B (200,000
interests). Fiat will initially own the
200,000 Class B membership interests,
representing 20% of the voting and
economic interest of New Chrysler; the
United States Treasury Department (the
Treasury Department) will own 98,461
Class A membership interests; the
Canadian Government will together own
24,615 Class A membership interests,
and the VEBA Trust will own 676,924
Class A membership interests (the Class
A membership interests initially owned
by the Trust are referred to herein as the
‘‘Shares’’), in each case, subject to the
applicable terms and conditions
described below. In addition, after the
Sale, New Chrysler became the new
legal entity, Chrysler Group LLC.
The assets in the Section 363 Sale
were sold free and clear of liens, claims,
‘‘Covered Group’’ as defined in the Settlement
Agreement and in Section VI. of this exemption.
5 In light of the Bankruptcy Proceeding, the
English Settlement Agreement is of no further force
or effect.
6 In re Chrysler LLC, et al., Case No. 09B 50002
(Document 3073), slip op. (Bankr. S.D.N.Y. May 31,
2009).
E:\FR\FM\26APN1.SGM
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Agencies
[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Pages 21666-21668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9546]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0042]
Canadian Standards Association; Application for Expansion of
Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the application of the Canadian
Standards Association for expansion of its recognition and presents the
Agency's preliminary finding to grant this request. OSHA also is
seeking comment on the equivalency of the ANSI/AAMI ES60601-1:2005 and
UL 60601-1 product-safety test standards.
DATES: Submit information or comments, or any request for extension of
the time to comment, on or before May 11, 2010. All submissions must
bear a postmark or provide other evidence of the submission date.
ADDRESSES: Submit comments by any of the following methods:
Electronically: Submit comments electronically at https://www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for making electronic submissions.
Fax: If submissions, including attachments, are no longer than 10
pages, commenters may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, or messenger or courier service:
Submit one copy of the comments to the OSHA Docket Office, Docket No.
OSHA-2006-0042, U.S. Department of Labor, Room N-2625, 200 Constitution
Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, and
messenger and courier service) are accepted during the Department of
Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m.,
e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA-2006-0042). OSHA will place all
submissions, including any personal information provided, in the public
docket without revision, and these submissions will be made available
online at https://www.regulations.gov.
Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the https://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Extension of comment period: Submit requests for an extension of
the comment period on or before May 11, 2010 to the 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 by fax to (202) 693-
1644.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational
[[Page 21667]]
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110. For information about the NRTL Program, go to https://www.osha.gov, and select ``N'' in the site index.
SUPPLEMENTARY INFORMATION:
Notice of Expansion Application
The Occupational Safety and Health Administration (OSHA) is
providing notice that the Canadian Standards Association (CSA) applied
for expansion of its current recognition as a Nationally Recognized
Testing Laboratory (NRTL). CSA's expansion request covers the use of
additional test standards.
OSHA recognition of an NRTL signifies that the organization meets
the legal 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 its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
The Agency processes applications by an NRTL for initial
recognition, or 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 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. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages can be
accessed from the Web site at https://www.osha.gov/dts/otpca/nrtl/. Each NRTL's scope of recognition has three elements: (1)
The type of products the NRTL may test, with each type specified by its
applicable test standard; (2) the recognized site(s) that has/have the
technical capability to perform the testing and certification
activities for test standards within the NRTL's scope; and (3) the
supplemental program(s) that the NRTL may use, each of which allows the
NRTL to rely on other parties to perform activities necessary for
product testing and certification.
General Background on the Application
CSA submitted an application, dated June 25, 2008, to expand its
recognition to include five additional test standards. (Ex.
2[horbar]CSA expansion application dated 6/25/2008.) The NRTL Program
staff determined that four of these standards are ``appropriate test
standards'' within the meaning of 29 CFR 1910.7(c). In connection with
this request, NRTL Program staff did not perform an onsite review of
CSA's recognized sites. The staff only performed a comparability
analysis,\1\ which determined that CSA has the capabilities to perform
the testing to the four standards, which are listed below. As a result,
the Agency would approve these four test standards for the expansion.
---------------------------------------------------------------------------
\1\ This analysis involves determining whether the testing and
evaluation requirements of test standards already in an NRTL's scope
are comparable to the requirements in the standards requested by the
NRTL.
---------------------------------------------------------------------------
CSA seeks expansion of its recognition for testing and
certification of products to the following test standards: \2\
\2\ The designations and titles of these test standards were
current at the time of the preparation of this notice.
---------------------------------------------------------------------------
UL 498A Current Taps and Adapters.
UL 515 Electrical Resistance Heat Tracing for Commercial and Industrial
Applications.
UL 1673 Electric Space Heating Cables.
UL 1977 Component Connectors for Use in Data, Signal, Control and Power
Applications.
CSA amended its application on October 20, 2009 (see Ex.
3[horbar]CSA amendment dated 10/20/2009), to request recognition for
the following additional test standard based on its present recognition
for UL 60601-1:
ANSI/AAMI ES60601-1:2005 Medical Electrical Equipment--Part 1: General
Requirements for Basic Safety and Essential Performance.
In its request, CSA explained that the AAMI standard will be
replacing UL 60601-1, and that all NRTLs recognized for UL 60601-1
should have the AAMI standard added to their scope. OSHA requests
comments on the equivalency of these two standards. If the comments or
other information demonstrate that the standards are substantially
equivalent, then OSHA will contact each NRTL that is currently
recognized for UL 60601-1 to determine whether to add the AAMI standard
to its scope.
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 for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
product.
The test standards listed above may be approved as American
National Standards by the American National Standards Institute (ANSI).
However, for convenience, we may use the designation of the standards-
developing organization for the standard as opposed to the ANSI
designation. Under the NRTL Program's policy, any NRTL recognized for a
particular test standard may use either the proprietary version of the
test standard or the ANSI version of that standard. Contact ANSI to
determine whether a test standard is currently ANSI approved.
Preliminary Finding on the Application
CSA submitted an acceptable request for expansion of its
recognition as an NRTL. OSHA's review of the application file and other
pertinent documents indicates that CSA can meet the requirements, as
prescribed by 29 CFR 1910.7, for an expansion of its recognition to
include the additional test standards listed above. 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 meets the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. 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. OSHA must receive the written request for
an extension by the due date for comments. OSHA will limit any
extension to 15 days unless the requester justifies a longer period.
OSHA may deny a request for an extension if it is not adequately
justified. To obtain or review copies of CSA's request and other
pertinent documents, and all submitted comments, as received, contact
the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at https://www.regulations.gov under
Docket No. OSHA-2006-0042.
The NRTL Program staff will review all timely comments and, after
addressing the issues raised by these comments, will recommend whether
to
[[Page 21668]]
grant CSA's expansion request. The Assistant Secretary will make the
final decision on granting the request, 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.
Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Sections
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655 and 657), Secretary of Labor's Order No. 5-2007 (72 FR
31160), and 29 CFR part 1911.
Signed at Washington, DC, on April 20, 2010.
David Michaels,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. 2010-9546 Filed 4-23-10; 8:45 am]
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