70696 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 

1A number of documents, or information within 

documents, described in this Federal Register 

notice are the applicant’s internal, detailed 

procedures or contain other confidential business or 

trade-secret information. These documents and 

information, designated by an ‘‘NA’’ at the end of, 

or within, the sentence or paragraph describing 

them, are not available to the public. 

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 30 

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 the publicly available 

information in TUVPTL’s application 

and other pertinent documents 

(including exhibits), as well as all 

submitted comments, 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 http:// 

www.regulations.gov under Docket No. 

OSHA–2010–0013. 

The NRTL Program staff will review 

all comments to the docket submitted in 

a timely manner, and, after addressing 

the issues raised by these comments, 

will recommend whether to grant NRTL 

recognition to TUVPTL. The Assistant 

Secretary will make the final decision 

on granting NRTL recognition, and, in 

making this decision, may undertake 

other proceedings 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, Ph.D., 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 this 15th day 

of November 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–29127 Filed 11–17–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0046] 

QPS Evaluation Services Inc.; 

Application for Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

application of QPS Evaluation Services 

Inc. for recognition as a Nationally 

Recognized Testing Laboratory, and 

presents the Agency’s preliminary 

finding to grant this recognition. 

DATES: Submit information or 

comments, or a request for an extension 

of the time to comment, on or before 

December 20, 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 http:// 

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–2010– 

0046, 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–2010–0046). 

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 http:// 

www.regulations.gov. 

Docket: To read or download 

submissions or other material in the 

docket (e.g., exhibits listed below), go to 

http://www.regulations.gov or the OSHA 

Docket Office at the address above. All 

documents in the docket are listed in 

the http://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 December 

20, 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 

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 http:// 

www.osha.gov, and select ‘‘N’’ in the site 

index. 

SUPPLEMENTARY INFORMATION: 

I. Notice of Application for Recognition 

The Occupational Safety and Health 

Administration (OSHA) is providing 

notice that QPS Evaluation Services Inc. 

(QPS) applied for recognition as a 

Nationally Recognized Testing 

Laboratory (NRTL). (See Ex. 2—QPS 

recognition application dated 1/27/ 

2006.) 1 The application covers testing 

and certification of the equipment or 

materials, and use of the supplemental 

programs, listed below. 

OSHA recognition of a 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 

a 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 OSHA’s Web site at 

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Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 70697 

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 

product 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. 

II. General Background on the 

Application 

In its application, QPS lists the 

current address of the laboratory facility 

covered by the application as: QPS 

Evaluation Services Inc., 81 Kelfield 

Street, Unit 8, Toronto, Ontario, M9W 

5A3, Canada. According to its 

application, QPS was established in 

1995 as a Canadian Standards 

Association field inspection agency. In 

1998, QPS performed technical services 

for Entela, Inc., an organization formerly 

recognized by OSHA as a NRTL, which 

was then acquired by another NRTL. 

The application also states that QPS has 

been accredited by other well-known 

accreditors (i.e., the Standards Council 

of Canada and the International 

Electrotechnical Commission 

Certification Body (IEC CB) Scheme). 

QPS applied on January 27, 2006, for 

recognition of one site and a number of 

test standards. (See Ex. 2.) In response 

to OSHA’s request for clarification, QPS 

amended its application to provide 

additional technical details, and then 

provided further details in a later 

update. (See Ex. 3—QPS amended 

application, dated 4/15/2008 and 11/30/ 

2009.) OSHA’s NRTL Program staff 

performed an on-site assessment of the 

QPS facility in April 2010. Based on this 

assessment, the OSHA staff 

recommended recognition of QPS in 

their on-site review report of the 

assessment. (See Ex. 4—OSHA on-site 

review report on QPS.) 

Through its amended application 

information (see Ex. 3), QPS represents 

that it maintains the experience, 

expertise, personnel, organization, 

equipment, and facilities suitable for 

accreditation as an OSHA Nationally 

Recognized Testing Laboratory. It also 

represents that it meets or will meet the 

requirements for recognition defined in 

29 CFR 1910.7. 

The four requirements for recognition 

(i.e., capability, control procedures, 

independence, and creditable reports 

and complaint handling) are addressed 

below, along with examples that 

illustrate how QPS meets each of these 

requirements. Many, but not all, of the 

documents or processes described 

below are referenced in the applicant’s 

summary addressing OSHA’s evaluation 

criteria (see the QPS basic information 

summary; hereafter, ‘‘Basic Summary,’’ 

which is part of Ex. 3, portions of which 

are confidential). 

Capability 

Section 1910.7(b)(1) states that, for 

each specified item of equipment or 

material to be listed, labeled, or 

accepted, the NRTL must have the 

capability (including proper testing 

equipment and facilities, trained staff, 

written testing procedures, and 

calibration and quality-control 

programs) to perform appropriate 

testing. The ‘‘Capability’’ section of the 

Basic Summary (NA) shows that the 

applicant has security measures and 

detailed procedures in place to restrict 

or control access to its facility, to areas 

within its facility, and to confidential 

information. This section states that 

QPS’s facility has equipment for 

monitoring, controlling, and recording 

environmental conditions during tests. 

QPS provided a list of this equipment, 

which NRTL Program staff examined 

during the on-site review (Ex. 4, p. 1). 

Also, this section shows that QPS has 

detailed procedures for handling test 

samples. In addition, the Basic 

Summary or documents it references 

show that the QPS facility has adequate 

test areas and energy sources, and 

procedures for controlling incompatible 

activities. QPS provided a detailed list 

of its testing equipment (NA), and 

OSHA’s on-site review (Ex. 4, p. 2) 

confirmed that much of this equipment 

is in place. Review of the application 

shows that the equipment listed is 

available (NA) and adequate for the 

scope of testing described below. 

The ‘‘Capability’’ section of the Basic 

Summary (NA) indicates that QPS has 

detailed procedures addressing the 

maintenance and calibration of 

equipment, and the types of records 

maintained for, or supporting, many 

laboratory activities. It also indicates 

that QPS has detailed procedures for 

conducting testing, review, and 

evaluation, and for capturing the test 

and other data required by the standard 

for which it seeks recognition. OSHA’s 

on-site review (Ex. 4, p. 2) examined 

these test data and evaluation 

documents. QPS is using some of these 

procedures to test products for NRTLs. 

Further, this section indicates that QPS 

has detailed procedures for processing 

applications and for developing new 

procedures. 

The amended application (Ex. 3) 

contained adequate procedures to 

address training or qualifying staff for 

particular technical tasks (NA). The 

amended application indicates that QPS 

has sufficient qualified personnel to 

perform the proposed scope of testing 

based on their education, training, 

technical knowledge, and experience. 

OSHA’s on-site review (Ex. 4, p. 3) 

confirmed many of these qualifications. 

The amended application provides 

evidence that QPS has an adequate 

quality-control system in place, and 

OSHA’s on-site review (Ex. 4, p. 3) 

verified the performance of internal 

audits, and tracking and resolution of 

nonconformances. 

Control Procedures 

Section 1910.7(b)(2) requires that the 

NRTL provide controls and services, to 

the extent necessary, for the particular 

equipment or material to be listed, 

labeled, or accepted. These controls and 

services include procedures for 

identifying the listed or labeled 

equipment or materials, inspections of 

production runs at factories to assure 

conformance with test standards, and 

field inspections to monitor and assure 

the proper use of identifying marks or 

labels. 

The ‘‘Control Programs’’ section of the 

Basic Summary shows that QPS has the 

quality-control manual and detailed 

procedures to address the steps 

involved to list and certify products. 

QPS has a registered certification mark. 

In addition, the ‘‘Control Programs’’ 

section shows that the applicant has 

certification procedures (NA); these 

procedures address the authorization of 

certifications and audits of factory 

facilities. The audits apply to both the 

initial evaluations and the follow-up 

inspections of manufacturers’ facilities. 

This section indicates that procedures 

also exist for authorizing the use of the 

certification mark, and the actions taken 

when QPS finds that the manufacturer 

is deviating from the certification 

requirements. Factory inspections will 

be a new activity for QPS, and OSHA 

will need to review the effectiveness of 

QPS’s inspection program when it is in 

place. As a result, OSHA is proposing a 

condition to ensure that inspections are 

conducted properly, and at the 

frequency set forth in the applicable 

NRTL Program policy (see OSHA 

Instruction CPL 1–0.3, Appendix C, 

paragraph III.A). 

Independence 

Section 1910.7(b)(3) requires that the 

NRTL be completely independent of 

employers that are subject to the testing 

requirements, and of any manufacturers 

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70698 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 

2The designations and titles of these test 

standards were current at the time of the 

preparation of this notice. 

or vendors of equipment or materials 

tested under the NRTL Program. OSHA 

has a policy for the independence of 

NRTLs that specifies the criteria used 

for determining whether an organization 

meets the above requirement. (See 

OSHA Instruction CPL 1–0.3, Appendix 

C, paragraph V.) This policy contains a 

non-exhaustive list of relationships that 

would cause an organization to fail to 

meet the specified criteria. The 

‘‘Independence’’ section of the Basic 

Summary, and additional information 

submitted by QPS (NA), shows that it 

has none of these relationships, or any 

other relationship that could subject it 

to undue influence when testing for 

product safety. QPS is a privately 

owned organization, and OSHA found 

no information about the ownership that 

would quality as a conflict under 

OSHA’s independence policy. The 

amended application indicates that 

there is no financial affiliation between 

the ownership of QPS and 

manufacturers. In summary, the 

information related to independence 

demonstrates that QPS meets the 

independence requirement. 

Creditable Reports and Complaint 

Handling 

Section 1910.7(b)(4) specifies that a 

NRTL must maintain effective 

procedures for producing credible 

findings and reports that are objective 

and free of bias, and for handling 

complaints and disputes under a fair 

and reasonable system. The ‘‘Report and 

Complaint Procedures’’ section of the 

Summary document (NA) shows that 

the applicant has detailed procedures 

describing the content of the test 

reports, and other detailed procedures 

describing the preparation and approval 

of these reports. This section also shows 

that the applicant has procedures for 

recording, analyzing, and processing 

complaints from users, manufacturers, 

and other parties in a fair manner. The 

on-site review (Ex. 4, p. 3) confirmed 

that QPS processes complaints in a 

timely and appropriate manner. 

Standards Requested for Recognition 

QPS seeks recognition for testing and 

certifying products to the following test 

standards: 2

UL 508A .......................................... Industrial Control Panels. 

UL 913 ............................................ Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, III, Division I, Hazardous 

(Classified) Locations. 

UL 1203 .......................................... Explosion Proof and Dust Ignition Proof Electrical Equipment for Use in Hazardous (Classified) Locations. 

UL 6500 .......................................... Audio/Video and Musical Instrument Apparatus for Household, Commercial, and Similar General Use. 

UL 60335–1 .................................... Safety of Household and Similar Electrical Appliances, Part 1: General Requirements. 

UL 60601–1 .................................... Medical Electrical Equipment, Part 1: General Requirements for Safety. 

UL 60950 ........................................ Information Technology Equipment. 

UL 61010–1 .................................... Electrical Equipment for Measurement, Control, and Laboratory Use—Part 1: General Requirements. 

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, a NRTL’s scope of 

recognition does not include that 

product. 

The test standards listed above may 

be approved as an American National 

Standard by the American National 

Standards Institute (ANSI). However, for 

convenience, we may use the 

designations of the standardsdeveloping organization for the 

standards instead of the ANSI 

designation. Under the NRTL Program’s 

policy (see OSHA Instruction CPL 1– 

0.3, Appendix C, paragraph XIV), 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. 

Supplemental Programs 

Should OSHA approve this 

application for NRTL recognition, it also 

will grant approval for QPS to use the 

following supplemental program 

because QPS uses outside parties to 

perform its equipment calibration, and, 

therefore, must properly qualify these 

parties for this purpose following the 

criteria in the program: 

Program 9: Acceptance of services other 

than testing or evaluation performed by 

subcontractors or agents (for calibration 

services only) 

QPS applied to use additional 

programs, but then voluntarily 

withdrew its request after OSHA 

informed QPS that OSHA was ending 

the practice of approving most of these 

types of programs for new applicants. In 

the past, when granting recognition to 

an organization as a NRTL, OSHA 

approved the applicant’s use of any 

supplemental programs for which the 

applicant met the criteria. However, 

OSHA has concern about continuing 

this practice for new applicants for the 

NRTL Program because the applicants 

are not yet capable of implementing the 

procedures for testing, evaluating, and 

performing inspections used under the 

NRTL Program. By continuing this 

practice, OSHA does not allow the 

NRTL’s staff at its recognized site(s) to 

attain the necessary experience, nor 

does the practice allow OSHA adequate 

time to evaluate properly that staff’s 

technical experience. OSHA has the 

same concern when an existing NRTL 

applies to expand its recognition under 

the NRTL Program to include additional 

standards for testing a type of product 

not tested previously by the NRTL 

under the NRTL Program. Examples of 

such product testing include testing 

hazardous-location products when 

OSHA recognizes the NRTL for testing 

only ordinary-location products, and 

testing gas-operated products when the 

NRTL’s recognition is limited to testing 

only electrically operated products. 

Therefore, before OSHA approves any 

NRTL or applicant to use or rely on 

tests, evaluations, and inspections 

performed by other parties, OSHA must 

first ensure that the NRTL/applicant 

performs these activities adequately 

using its own staff located at its 

recognized site(s). The only exception to 

this policy is Program 9, which permits 

the use of qualified parties to calibrate 

a NRTL’s testing equipment. This 

exception does not affect materially the 

capability of a NRTL/applicant to meet 

OSHA’s requirements for recognition. 

However, regarding approval to use 

other supplemental programs, a NRTL/ 

applicant may apply for such approval 

when OSHA determines that the NRTL/ 

applicant tests, evaluates, and performs 

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Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 70699 

inspections adequately using its own 

staff located at its recognized site(s). 

Accordingly, OSHA would continue to 

deny use of such a program, or 

withdraw its prior approval to use such 

a program, when it determines that a 

NRTL/applicant is not testing, 

evaluating, and performing inspections 

adequately using its own staff located at 

its recognized site(s). 

Additional Condition 

As described above, while QPS has 

testing and evaluation procedures, 

OSHA could not review how QPS has 

implemented them because QPS has not 

used them for testing and certifying 

products under the program. In 

addition, as also described above, while 

QPS has factory-inspection procedures, 

it currently does not conduct regular 

factory inspections. Some of these 

testing- and factory-inspection 

procedures are newly developed by 

QPS. Therefore, OSHA also must review 

the effectiveness of QPS’s testing and 

evaluation procedures, and its factoryinspection program should OSHA grant 

NRTL recognition to QPS, and do so 

within a reasonable period after granting 

recognition. Consequently, OSHA 

proposes to recognize QPS 

conditionally, i.e., subject to a later 

determination of the effectiveness of 

these procedures. OSHA would include 

these conditions in the final notice 

should OSHA recognize QPS as a NRTL. 

These conditions apply solely to QPS’s 

operations as a NRTL, and solely to 

those products that it certifies for 

purposes of enabling employers to meet 

OSHA product-approval requirements. 

These conditions would be in addition 

to all other conditions that OSHA 

normally imposes in its recognition of 

an organization as a NRTL. 

Imposing these conditions is 

consistent with OSHA’s past recognition 

of certain organizations as NRTLs that 

met the basic recognition requirements, 

but needed to further refine or 

implement their procedures (for 

example, see 63 FR 68306, 12/10/1998, 

and 65 FR 26637, 05/08/2000). Given 

the applicant’s current activities in 

testing and certification, OSHA is 

confident that QPS will properly 

perform its activities in the areas noted 

above. 

Therefore, the following conditions 

would apply should OSHA recognize 

QPS under the NRTL Program: 

Within 30 days of certifying its first 

products under the NRTL Program, QPS will 

notify the OSHA NRTL Program Director of 

this activity so that OSHA may schedule its 

first audit of QPS. At this first audit of QPS, 

QPS must demonstrate that it properly 

conducted testing, review, and evaluation, 

and factory inspections, and, for inspections, 

did so at the frequency set forth in the 

applicable NRTL Program policy. 

Preliminary Finding on the Application 

QPS submitted an acceptable 

application for recognition as a NRTL. 

OSHA’s review of the application file 

and the results of the on-site review 

indicate that QPS can meet the 

requirements prescribed by 29 CFR 

1910.7 for recognition to use the test 

standards listed above. This preliminary 

finding does not constitute an interim or 

temporary approval of the application. 

QPS corrected the discrepancies noted 

by OSHA during the on-site review, and 

these corrections are described in its 

response to the on-site review report 

(NA). 

Following examination of the 

application file and the on-site review 

report, the NRTL Program staff 

concluded that OSHA can grant the 

applicant recognition as a Nationally 

Recognized Testing Laboratory for its 

Toronto, Ontario, facility, subject to the 

conditions described above. The staff, 

therefore, recommended preliminarily 

that the Assistant Secretary approve the 

application. 

OSHA welcomes public comment as 

to whether QPS meets the requirements 

of 29 CFR 1910.7 for 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 30 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 

the publicly available information in 

QPS’s application and other pertinent 

documents (including exhibits), and all 

submitted comments, 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 http:// 

www.regulations.gov under Docket No. 

OSHA–2010–0046. 

The NRTL Program staff will review 

all comments submitted to the docket in 

a timely manner, and, after addressing 

the issues raised by these comments, 

will recommend whether to grant NRTL 

recognition to QPS. The Assistant 

Secretary will make the final decision 

on granting NRTL recognition, and, in 

making this decision, may undertake 

other proceedings 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. 4–2010 

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

Signed at Washington, DC on this 15th day 

of November 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–29125 Filed 11–17–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (19 

U.S.C. 2273) the Department of Labor 

herein presents summaries of 

determinations regarding eligibility to 

apply for trade adjustment assistance for 

workers by (TA–W) number issued 

during the period of November 1, 2010 

through November 5, 2010. 

In order for an affirmative 

determination to be made for workers of 

a primary firm and a certification issued 

regarding eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(a) of the Act must be met. 

I. Under Section 222(a)(2)(A), the 

following must be satisfied: 

(1) A significant number or proportion 

of the workers in such workers’ firm 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

(2) The sales or production, or both, 

of such firm have decreased absolutely; 

and 

(3) One of the following must be 

satisfied: 

(A) Imports of articles or services like 

or directly competitive with articles 

produced or services supplied by such 

firm have increased; 

(B) Imports of articles like or directly 

competitive with articles into which one 

or more component parts produced by 

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