Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9439 

employment on or after September 29, 2008, 

through November 5, 2011, and all workers 

in the group threatened with total or partial 

separation from employment on date of 

certification through two years from the date 

of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as amended. 

Signed in Washington, DC, this 4th day of 

February, 2010. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–4241 Filed 3–1–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket Nos. OSHA–2007–0041] 

FM Approvals: Application for 

Expansion of Recognition; Wyle 

Laboratories: Voluntary Modification of 

the Scope of Recognition; and 

Temporary Reinstatement of NFPA 72 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

application of FM Approvals LLC (FM) 

for expansion of its recognition as a 

Nationally Recognized Testing 

Laboratory (NRTL), and presents the 

Agency’s preliminary finding to grant 

this request. This preliminary finding 

does not constitute an interim or 

temporary approval of this application. 

This notice also announces a voluntary 

modification of the NRTL scope of 

recognition of Wyle Laboratories, Inc., 

and the temporary reinstatement of 

NFPA 72. 

DATES: For the FM application, submit 

information or comments, or any 

request for extension of the time to 

comment, on or before March 17, 2010. 

All submissions must bear a postmark 

or provide other evidence of the 

submission date. 

The modification of the NRTL scope 

of recognition of Wyle Laboratories will 

become effective on March 2, 2010. The 

temporary reinstatement of NFPA 72 is 

retroactive to September 14, 2009 and 

will terminate on September 14, 2011. 

Do not submit comments or other 

responses regarding this modification or 

reinstatement. 

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–2007– 

0041, 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–2007–0041). 

OSHA will place all submissions, 

including any personal information 

provided, in the public docket without 

revision, and these may be made 

available online at http:// 

www.regulations.gov. 

Docket: To read or download 

submissions or other material in the 

docket, 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 for the FM application 

on or before March 17, 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: Electronic 

copies this Federal Register notice are 

available at http://www.regulations.gov. 

This notice, as well as news releases 

and other information also are available 

at OSHA’s Web Page at http:// 

www.osha.gov. 

I. Notice of Expansion Application 

The Occupational Safety and Health 

Administration (OSHA) is providing 

notice that FM Approvals LLC (FM) 

applied for expansion of its current 

recognition as a Nationally Recognized 

Testing Laboratory (NRTL). FM’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 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 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 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 

testing and certification. 

The current address of the FM 

facilities (sites) recognized by OSHA 

are: FM Approvals, 1151 BostonProvidence Turnpike, Norwood, 

Massachusetts 02062, and FM 

Approvals, 743 Reynolds Road, West 

Gloucester, Rhode Island 02814. 

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9440 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

1The designations and titles of these test 

standards were current at the time of the 

preparation of this notice. 

2FM requested recognition for UL 298—Portable 

Electric Hand Lamps, but this standard has been 

withdrawn and superseded by UL 153. 

General Background on the Application 

FM submitted an application, dated 

July 18, 2007, to expand its recognition 

to include 31 additional test standards. 

The NRTL Program staff is deferring 

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 on-site review of FM’s 

recognized sites. However, the staff 

analyzed other information pertinent to 

the request and determined that FM has 

the capabilities to perform the testing 

relating to the ten standards, which are 

listed below. As a result, the Agency 

would approve these ten test standards 

for the expansion. 

FM seeks expansion of its recognition 

for testing and certification of products 

to the following test standards:1

UL 153 Portable Electric Luminaires2

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 

OSHA’s recognition of FM, or any 

NRTL, for a test standard is limited to 

equipment or materials (i.e., products) 

for which OSHA standards require 

third-party testing and certification 

before use in the workplace. 

Consequently, if a test standard also 

covers any product(s) for which OSHA 

does not require such testing and 

certification, an NRTL’s scope of 

recognition does not include that 

product(s). 

The test standards listed above may 

be approved as American National 

Standards by the American National 

Standards Institute (ANSI). However, for 

clarity, we use the designation of the 

standards developing organization for 

the standard as opposed to the ANSI 

designation. Under our procedures, any 

NRTL recognized for an ANSI-approved 

test standard may use either the latest 

proprietary version of the test standard 

or the latest ANSI version of that 

standard. You may contact ANSI for 

information on whether a test standard 

is currently ANSI-approved. 

Preliminary Finding on the Application 

FM submitted an acceptable request 

for expansion of its recognition as an 

NRTL. Our review of the application file 

and other pertinent documents indicates 

that FM 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 FM 

meets the requirements of 29 CFR 

1910.7 for expansion of its recognition 

as a Nationally Recognized Testing 

Laboratory. Your comments should 

consist of pertinent written documents 

and exhibits. Should you need more 

time to comment, you must request it in 

writing, including reasons for the 

request. OSHA must receive your 

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. We 

may deny a request for an extension if 

it is not adequately justified. You may 

obtain or review copies of FM’s request 

and other pertinent documents, and all 

submitted comments, as received, by 

contacting the Docket Office, Room N– 

2625, Occupational Safety and Health 

Administration, U.S. Department of 

Labor, at the above address. Docket No. 

OSHA–2007–0041 contains all materials 

in the record concerning FM’s 

application. 

The NRTL Program staff will review 

all timely comments and, after 

resolution of issues raised by these 

comments, will recommend whether to 

grant FM’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. 

II. Notice of Modification of Wyle’s 

Recognition 

Wyle Laboratories, Inc., (WL) has 

requested a modification to its current 

scope of recognition under the NRTL 

Program. This request, dated August 27, 

2009, reduces the number of test 

standards in WL’s current NRTL scope. 

Subsection II.D of Appendix A to 29 

CFR 1910.7 provides that OSHA must 

inform the public of such a reduction in 

scope. Accordingly, effective today, 

OSHA is modifying WL’s scope of 

recognition to eliminate the 38 test 

standards listed below. Wyle also 

requested removal of another test 

standard (UL 1262); however, OSHA 

removed it earlier from Wyle’s scope of 

recognition. 

UL 8 Foam Fire Extinguishers 

UL 20 General-Use Snap Switches 

UL 92 Fire Extinguisher and Booster 

Hose 

UL 98 Enclosed and Dead-Front 

Switches 

UL 244A Solid-State Controls for 

Appliances 

UL 299 Dry Chemical Fire 

Extinguishers 

UL 363 Knife Switches 

UL 393 Indicating Pressure Gauges for 

Fire-Protection Service 

UL 444 Communications Cables 

UL 466 Electric Scales 

UL 497A Secondary Protectors for 

Communication Circuits 

UL 506 Specialty Transformers 

UL 626 21⁄2; Gallon Stored-Pressure 

Water-Type Fire Extinguishers 

UL 711 Rating and Fire Testing of Fire 

Extinguishers 

UL 796 Printed-Wiring Boards 

UL 917 Clock-Operated Switches 

UL 1022 Line Isolated Monitors 

UL 1047 Isolated Power Systems 

Equipment 

UL 1053 Ground-Fault Sensing and 

Relaying Equipment 

UL 1054 Special-Use Switches 

UL 1058 Halogenated Agent 

Extinguishing System Units 

UL 1091 Butterfly Valves for FireProtection Service 

UL 1093 Halogenated Agent Fire 

Extinguishers 

UL 1254 Pre-Engineered Dry Chemical 

Extinguishing Systems Units 

UL 1411 Transformers and Motor 

Transformer for Use in Audio-, 

Radio-, and Television-Type 

Appliances 

UL 1412 Fusing Resistors and 

Temperature-Limited Resistors for 

Radio- and Television-Type 

Appliances 

UL 1416 Overcurrent and 

Overtemperature Protectors for 

Radio and Television-Type 

Appliances 

UL 1424 Cables for Power-Limited 

Fire-Protective-Signaling Circuits 

UL 1429 Pullout Switches 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9441 

UL 1474 Adjustable Drop Nipples for 

Sprinkler Systems 

UL 1481 Power Supplies for FireProtective Signaling Systems 

UL 1486 Quick Opening Devices for 

Dry Pipe Valves for Fire-Protection 

Service 

UL 1557 Electrically Isolated 

Semiconductor Devices 

UL 1577 Optical Isolators 

UL 1682 Plugs, Receptacles and Cable 

Connectors, of the Pin and Sleeve 

Type 

UL 1876 Isolating Signal and Feedback 

Transformers for Use in Electronic 

Equipment 

UL 2006 Halon 1211 Recovery/ 

Recharge Equipment 

UL 2111 Overheating Protection for 

Motors 

III. Temporary Reinstatement of NFPA 

72 

On September 14, 2009, OSHA 

published a notice (see 74 FR 47026) to 

modify the scopes of recognition 

(‘‘scopes’’) of several NRTLs because 

standards developing organizations 

(SDOs) withdrew a number of test 

standards from their catalog of 

published standards. Consequently, 

these NRTLs could no longer use the 

withdrawn test standards to certify 

selected products requiring certification 

under OSHA standards. In response to 

the SDOs’ action, OSHA’s 2009 Federal 

Register notice deleted the withdrawn 

standards from the scope of each 

affected NRTL, and added to the NRTL’s 

scopes any known replacement 

standard(s). 

One of the withdrawn standards was 

ANSI/NFPA 72—Installation, 

Maintenance, and Use of Protective 

Signaling Systems. The National Fire 

Protection Association (NFPA) 

withdrew this test standard several 

years ago after integrating it into the 

National Fire Alarm and Signaling Code 

(NFASC), also designated NFPA 72. 

However, OSHA’s 2009 Federal 

Register notice did not list the NFASC 

document as a replacement for NFPA 72 

because the NRTL Program 

requirements do not allow NRTLs to 

include general consensus codes or 

other similar standards in their scopes 

of recognition. Such standards do not 

meet the NRTL Program’s requirements 

for an ‘‘appropriate test standard,’’ i.e., 

the standards do not primarily specify 

testing requirements for particular types 

of products. 

After OSHA deleted the NFPA 72 

standard, several NRTLs contacted 

OSHA to request recognition for the 

NFASC. One NRTL informed OSHA that 

deleting the test standard so abruptly 

invalidated approvals for many 

products. The NRTLs requested a twoyear transition period to identify a 

comparable replacement test standard to 

use in certifying the affected products. 

When OSHA determines that a 

comparable replacement test standard is 

not available, it may delay the effective 

date for deleting a withdrawn test 

standard from NRTLs’ scopes so the 

affected NRTLs can continue certifying 

products while identifying a comparable 

replacement standard. Accordingly, 

OSHA is temporarily reinstating NFPA 

72 to the scopes of the affected NRTLs. 

The reinstatement period is retroactive 

to September 14, 2009, the date the 

standard was removed from these 

NRTLs’ scopes, and ends September 14, 

2011. By September 14, 2010, each 

affected NRTL wishing to continue 

certifying the affected products must 

notify OSHA of the name(s) of 

comparable replacement test standard(s) 

the NRTL will use in place of NFPA 72. 

If not already in the NRTL’s scope, 

OSHA will add any such standard that 

is ‘‘appropriate,’’ provided the NRTL has 

the capability for the testing. By 

September 14, 2011, OSHA will remove 

NFPA 72 from all NRTLs’ scope, and 

these NRTLs must cease certifying 

products to NFPA 72, and certify 

products to the comparable replacement 

standard(s) in their scopes. 

IV. 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 February 22, 

2010. 

David Michaels, 

Assistant Secretary for Occupational Safety 

and Health. 

[FR Doc. 2010–4197 Filed 3–1–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–71,388] 

Lucas-Smith Automotive, Inc.: Potosi, 

MO; Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application dated January 22, 

2010, the petitioners requested 

administrative reconsideration of the 

Department’s negative determination 

regarding eligibility to apply for Trade 

Adjustment Assistance (TAA), 

applicable to workers and former 

workers of Lucas-Smith Automotive, 

Inc., Potosi, Missouri (subject firm). The 

Notice of negative determination was 

signed on January 8, 2010. The 

Department’s Notice of determination 

was published in the Federal Register 

on February 16, 2010 (75 FR 7039). 

Workers of the subject firm are engaged 

in employment related to the sales and 

service of new and used automobiles. 

Pursuant to 29 CFR 90.18(c), 

reconsideration may be granted under 

the following circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; 

(2) if it appears that the determination 

complained of was based on a mistake 

in the determination of facts not 

previously considered; or 

(3) if in the opinion of the Certifying 

Officer, a misinterpretation of facts or of 

the law justified reconsideration of the 

decision. 

The initial investigation resulted in a 

denial based on the findings that 

imports of services like or directly 

competitive with the services provided 

by workers of the subject firm did not 

contribute to worker separations at the 

subject firm and that no shift in 

provision of the services to a foreign 

country occurred during the relevant 

period. 

In the request for reconsideration, the 

petitioners alleged that the subject firm 

is either a supplier or downstream 

producer to a TAA-certified firm and a 

loss of business with this firm 

contributed importantly to worker 

separations at the subject firm. 

For the Department to issue a 

secondary worker certification under 

Section 222(c) to workers of a 

downstream producer, the subject firm 

must perform additional, value-added 

production processes or services 

directly for a TAA-certified firm. For the 

Department to issue a secondary worker 

certification under Section 222(c) to 

workers of an upstream supplier, the 

subject firm must produce and supply 

directly to a TAA-certified firm 

component parts for articles, or services, 

used in the production of articles or in 

the supply of services, that were the 

basis for the customers’ certification and 

the certified firm received certification 

of eligibility for TAA as a primary 

impacted firm. 

The investigation revealed that the 

workers of the subject firm were 

engaged in sales and services of new 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES