FM Approvals; Expansion of Recognition, 65521-65523 [2010-26894]

Download as PDF Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices TA–W No. Subject firm 72,493 .......... 74,291 .......... Ananke, Inc ............................................................................................ South Central Workforce Investment Board, Ozark Action, Inc ............ Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance Location TA–W No. 3M IMTEC .............................................................................................. Orbotech, Inc., A workers working on-site at TTM Technologies ......... The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed Location Computer Sciences Corporation (CSC) ................................................ Hallmark Cards, Inc ............................................................................... therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid. Subject firm 74,488 .......... 74,496 .......... The following determinations terminating investigations were issued because the petitioning groups of Location WellPoint, Inc., Doing business as Blue Cross/Blue Shield ................. no purpose since the petitioning group of workers cannot be covered by more than one certification at a time. Subject firm 74,103 .......... I hereby certify that the aforementioned determinations were issued during the period of October 4, 2010 through October 8, 2010. Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or tofoiarequest@dol.gov. These determinations also are available on the Department’s Web site at http:// www.doleta.gov/tradeact under the searchable listing of determinations. Dated: October 15, 2010. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–26768 Filed 10–22–10; 8:45 am] BILLING CODE 4510–FN–P VerDate Mar<15>2010 16:05 Oct 22, 2010 Jkt 223001 Impact date Newark, DE Kansas City, MO workers are covered by active certifications. Consequently, further investigation in these cases would serve TA–W No. Impact date Ardmore, OK Redmond, WA by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and TA–W No. emcdonald on DSK2BSOYB1PROD with NOTICES The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. Subject firm 74,544 .......... 74,616 .......... Impact date Providence, RI West Plains, MO on the Department’s Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. After notice of the petitions was published in the Federal Register and 65521 Location Impact date Denver, CO Occupational Safety and Health Administration Avenue, NW., Room N–3655, Washington, DC 20210, or phone (202) 693–2110. SUPPLEMENTARY INFORMATION: [Docket No. OSHA–2007–0041] Notice of Final Decision FM Approvals; Expansion of Recognition The Occupational Safety and Health Administration (OSHA) hereby gives notice that it is expanding the recognition of FM Approvals LLC (FM) as a Nationally Recognized Testing Laboratory (NRTL). FM’s expansion covers the use of additional test standards. OSHA’s current scope of recognition for FM may be found in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/ fm.html. 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 DEPARTMENT OF LABOR Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: This notice announces the Occupational Safety and Health Administration’s final decision expanding the recognition of FM Approvals LLC as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. DATES: The expansion of recognition becomes effective on October 25, 2010. 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 SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1 emcdonald on DSK2BSOYB1PROD with NOTICES 65522 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 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 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 are available from the Web site at http:// 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. FM submitted an application, dated July 18, 2007, to expand its recognition to include 31 additional test standards. The NRTL Program staff deferred action on 20 of these standards pending resolution of technical issues. The staff determined that ten of the remaining 11 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 FM’s recognized sites. The staff only performed a comparability analysis,1 which determined that FM has the capabilities to perform the testing related to the ten standards (see list below). The Agency subsequently accepted this recommendation, and published a preliminary notice announcing the expansion application in the Federal Register on March 2, 2010 (75 FR 9439). Comments were requested by March 17, 2010, but OSHA received no comments in response to this notice. OSHA is now proceeding 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. VerDate Mar<15>2010 16:05 Oct 22, 2010 Jkt 223001 with this final notice to grant FM’s expansion application. All public documents pertaining to the FM application are available for review 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. These materials also are available online at http://www.regulations.gov under Docket No. OSHA–2007–0041. Final Decision and Order NRTL Program staff examined FM’s application, the comparability analysis, and other pertinent information. Based on this examination and the analysis, OSHA finds that FM meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the limitation and conditions specified below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the recognition of FM, subject to this limitation and these conditions. Limitation OSHA limits the expansion of FM’s recognition to testing and certification of products for demonstration of conformance to the following test standards, each of which OSHA determines is an appropriate test standard, within the meaning of 29 CFR 1910.7(c): UL 153 Portable Electric Luminaires 2 UL 268A Smoke Detectors for Duct Application UL 484 Room Air Conditioners UL 521 Heat Detectors for Fire Protective Signaling Systems UL 1480 Speakers for Fire Alarm, Emergency, and Commercial and Professional Use UL 1638 Visual Signaling Appliances—Private Mode Emergency and General Utility Signaling FM 3210 Heat Detectors for Automatic Fire Alarm Signaling FM 7260 Electrostatic Finishing Equipment UL 61010A–1 Electrical Equipment for Laboratory Use; Part 1: General Requirements UL 61010B–1 Electrical Measuring and Test Equipment; Part 1: General Requirements The designations and titles of these test standards were current at the time of the preparation of this notice. OSHA’s recognition of any NRTL for a particular test standard is limited to equipment or materials (i.e., products) for which OSHA standards require 2 FM requested recognition for UL 298—Portable Electric Hand Lamps, but this standard has been withdrawn and was superseded by UL 153. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards. 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. Conditions FM also must abide by the following conditions of the recognition, in addition to those conditions already required by 29 CFR 1910.7: 1. FM must allow OSHA access to its facilities and records to ascertain continuing compliance with the terms of its recognition, and to perform investigations as OSHA deems necessary; 2. If FM 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 concern, and provide that organization with appropriate relevant information upon which its concern is based; 3. FM 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, FM 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 applies and that its recognition is limited to certain products; 4. FM 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 of these changes; 5. FM will meet all the terms of its recognition and will always comply with all OSHA policies pertaining to this recognition; and 6. FM will continue to meet the requirements for recognition in all areas to which this recognition applies. E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices Authority and Signature DEPARTMENT OF LABOR 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. 4–2010 (75 FR 55355), and 29 CFR part 1911. Employment and Training Administration Signed at Washington, DC, on October 20, 2010. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2010–26894 Filed 10–22–10; 8:45 am] BILLING CODE 4510–26–P Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. 65523 The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than November 4, 2010. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than November 4, 2010. Copies of these petitions may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail, to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or to foiarequest@dol.gov. Signed at Washington, DC, this 14th of October 2010. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. APPENDIX [TAA petitions instituted between 10/4/10 and 10/8/10] TA–W 74691 74692 74693 74694 74695 74696 74697 74698 74699 74700 74701 74702 74703 74704 74705 74706 74707 ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. Location Smurfit Stone Corporated (State/One-Stop) .......................... Bank of America (Workers) .................................................... UFE, Inc. (Workers) ............................................................... IAC Greencastle (Union) ........................................................ Vico Company (Company) ..................................................... Motorola, Inc. (State/One-Stop) ............................................. Bank of America (Workers) .................................................... Fraser, NH, LLC (Union) ........................................................ LabCorp (Workers) ................................................................. AT&T (Workers) ..................................................................... Avaya, Inc. (State/One-Stop) ................................................. Sperry and Rice Manufacturing Company, LLC (Workers) ... Aviat, U.S., Inc. (Company) ................................................... SuperValu, Inc. (State/One-Stop) .......................................... Moll Industries (Workers) ....................................................... Busch Agricultural Resources, LLC (Workers) ...................... Biomet (Workers) ................................................................... Jacksonville, FL ..................... Charlotte, NC ......................... El Paso, TX ............................ Greencastle, IN ...................... Sumter, SC ............................ Arlington Heights, IL .............. State College, PA .................. Gorham, NH ........................... Richardson, TX ...................... Reynoldsburg, OH ................. Prior Lake, MN ....................... Killbuck, OH ........................... Santa Clara, CA ..................... Hopkins, MN .......................... Seagrove, NC ........................ Manitowoc, WI ....................... Parsippany, NJ ...................... [FR Doc. 2010–26767 Filed 10–22–10; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration emcdonald on DSK2BSOYB1PROD with NOTICES [TA–W–70,395] Dawson Metal Company, Inc., Industrial Division, Jamestown, NY; Notice of Negative Determination on Reconsideration On January 21, 2010, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The VerDate Mar<15>2010 Date of institution Subject firm (petitioners) 16:05 Oct 22, 2010 Jkt 223001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/06/10 10/08/10 10/08/10 10/08/10 10/08/10 10/08/10 10/08/10 Date of petition 09/29/10 09/24/10 09/20/10 10/05/10 10/04/10 09/22/10 09/15/10 09/28/10 09/29/10 09/29/10 10/05/10 10/04/10 10/06/10 10/06/10 10/04/10 09/01/10 10/07/10 Department’s Notice of affirmative determination was published in the Federal Register on February 16, 2010 (75 FR 7030). The workers are engaged in employment related to precision sheet metal fabrication. The initial negative determination based on the findings that the subject firm did not increase their imports of articles like or directly competitive with the articles produced by the workers during the relevant period and did not shift to a foreign country the production of like or directly competitive articles. Further, a survey of the major declining customer of the subject firm regarding E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65521-65523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26894]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]


FM Approvals; Expansion of Recognition

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

ACTION: Notice.

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

SUMMARY: This notice announces the Occupational Safety and Health 
Administration's final decision expanding the recognition of FM 
Approvals LLC as a Nationally Recognized Testing Laboratory under 29 
CFR 1910.7.

DATES: The expansion of recognition becomes effective on October 25, 
2010.

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 that it is expanding the recognition of FM Approvals LLC 
(FM) as a Nationally Recognized Testing Laboratory (NRTL). FM's 
expansion covers the use of additional test standards. OSHA's current 
scope of recognition for FM may be found in the following informational 
Web page: http://www.osha.gov/dts/otpca/nrtl/fm.html.
    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

[[Page 65522]]

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 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 are 
available from the Web site at http://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.
    FM submitted an application, dated July 18, 2007, to expand its 
recognition to include 31 additional test standards. The NRTL Program 
staff deferred action on 20 of these standards pending resolution of 
technical issues. The staff determined that ten of the remaining 11 
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 FM's recognized sites. The staff only 
performed a comparability analysis,\1\ which determined that FM has the 
capabilities to perform the testing related to the ten standards (see 
list below). The Agency subsequently accepted this recommendation, and 
published a preliminary notice announcing the expansion application in 
the Federal Register on March 2, 2010 (75 FR 9439). Comments were 
requested by March 17, 2010, but OSHA received no comments in response 
to this notice. OSHA is now proceeding with this final notice to grant 
FM's expansion application.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    All public documents pertaining to the FM application are available 
for review 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. These materials also 
are available online at http://www.regulations.gov under Docket No. 
OSHA-2007-0041.

Final Decision and Order

    NRTL Program staff examined FM's application, the comparability 
analysis, and other pertinent information. Based on this examination 
and the analysis, OSHA finds that FM meets the requirements of 29 CFR 
1910.7 for expansion of its recognition, subject to the limitation and 
conditions specified below. Pursuant to the authority in 29 CFR 1910.7, 
OSHA hereby expands the recognition of FM, subject to this limitation 
and these conditions.

Limitation

    OSHA limits the expansion of FM's recognition to testing and 
certification of products for demonstration of conformance to the 
following test standards, each of which OSHA determines is an 
appropriate test standard, within the meaning of 29 CFR 1910.7(c):

UL 153 Portable Electric Luminaires \2\
---------------------------------------------------------------------------

    \2\ FM requested recognition for UL 298--Portable Electric Hand 
Lamps, but this standard has been withdrawn and was superseded by UL 
153.
---------------------------------------------------------------------------

UL 268A Smoke Detectors for Duct Application
UL 484 Room Air Conditioners
UL 521 Heat Detectors for Fire Protective Signaling Systems
UL 1480 Speakers for Fire Alarm, Emergency, and Commercial and 
Professional Use
UL 1638 Visual Signaling Appliances--Private Mode Emergency and General 
Utility Signaling
FM 3210 Heat Detectors for Automatic Fire Alarm Signaling
FM 7260 Electrostatic Finishing Equipment
UL 61010A-1 Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 61010B-1 Electrical Measuring and Test Equipment; Part 1: General 
Requirements

    The designations and titles of these test standards were current at 
the time of the preparation of this notice.
    OSHA's recognition of 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 American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. 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.

Conditions

    FM also must abide by the following conditions of the recognition, 
in addition to those conditions already required by 29 CFR 1910.7:
    1. FM must allow OSHA access to its facilities and records to 
ascertain continuing compliance with the terms of its recognition, and 
to perform investigations as OSHA deems necessary;
    2. If FM 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 concern, and provide that organization 
with appropriate relevant information upon which its concern is based;
    3. FM 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, FM 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 applies and that its 
recognition is limited to certain products;
    4. FM 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 of these 
changes;
    5. FM will meet all the terms of its recognition and will always 
comply with all OSHA policies pertaining to this recognition; and
    6. FM will continue to meet the requirements for recognition in all 
areas to which this recognition applies.

[[Page 65523]]

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. 4-2010 (75 FR 
55355), and 29 CFR part 1911.

    Signed at Washington, DC, on October 20, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-26894 Filed 10-22-10; 8:45 am]
BILLING CODE 4510-26-P