55610 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Notices 

proposal relating to any of the abovementioned substances without filing 

comments or objections regarding the 

others. If a person believes that one or 

more of these issues warrant a hearing, 

the individual should so state and 

summarize the reasons for this belief. 

Persons wishing to request a hearing 

should note that such requests must be 

written and manually signed; requests 

for a hearing will not be accepted via 

electronic means. In the event that 

comments or objections to this proposal 

raise one or more issues which the 

Deputy Administrator finds warrant a 

hearing, the Deputy Administrator shall 

order a public hearing by notice in the 

Federal Register, summarizing the 

issues to be heard and setting the time 

for the hearing as per 21 CFR 1315.13(e). 

Regulatory Certifications 

Regulatory Flexibility Act 

The Deputy Administrator hereby 

certifies that this action will not have a 

significant economic impact upon small 

entities whose interests must be 

considered under the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. The 

establishment of the Assessment of 

Annual Needs for ephedrine, 

pseudoephedrine and 

phenylpropanolamine is mandated by 

law. The assessments are necessary to 

provide for the estimated medical, 

scientific, research and industrial needs 

of the United States, for lawful export 

requirements, and the establishment 

and maintenance of reserve stocks. 

Accordingly, the Deputy Administrator 

has determined that this action does not 

require a regulatory flexibility analysis. 

Executive Order 12866 

The Office of Management and Budget 

has determined that notices of 

Assessment of Annual Needs are not 

subject to centralized review under 

Executive Order 12866. 

Executive Order 13132 

This action does not preempt or 

modify any provision of state law; nor 

does it impose enforcement 

responsibilities on any state; nor does it 

diminish the power of any state to 

enforce its own laws. Accordingly, this 

action does not have federalism 

implications warranting the application 

of Executive Order 13132. 

Executive Order 12988 

This action meets the applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform. 

Unfunded Mandates Reform Act of 

1995 

This action will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $120,000,000 or more 

in any one year, and will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This action is not a major rule as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This action will 

not result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Dated: August 27, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–22688 Filed 9–10–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0028] 

Advisory Committee on Construction 

Safety and Health (ACCSH) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for nominations of 

members to serve on ACCSH. 

SUMMARY: The Assistant Secretary of 

Labor for Occupational Safety and 

Health (OSHA) invites interested parties 

to submit nominations for membership 

on ACCSH. 

DATES: Nominations for ACCSH must be 

submitted (postmarked, sent, 

transmitted, or received) by November 

12, 2010. 

ADDRESSES: You may submit 

nominations and supporting materials 

by any one of the following methods: 

Electronically: Nominations, 

including attachments, may be 

submitted electronically at http:// 

www.regulations.gov, the Federal eRulemaking Portal. Follow the online 

instructions for submitting nominations; 

Facsimile: If your nomination and 

supporting materials, including 

attachments, do not exceed 10 pages, 

you may fax them to the OSHA Docket 

Office at (202) 693–1648; 

Mail, express delivery, hand delivery, 

and messenger or courier service: 

Submit your nominations and 

supporting materials to the OSHA 

Docket Office, Docket No. OSHA–2010– 

0028, Room N–2625, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2350 TTY number (877) 889–5627. 

Deliveries by hand, express mail, 

messenger, and courier service are 

accepted during the OSHA Docket 

Office’s normal business hours, 8:15 

a.m.–4:45 p.m., e.t. 

Instructions: All nominations and 

supporting materials must include the 

agency name and docket number for this 

Federal Register notice (Docket No. 

OSHA–2010–0028). Because of securityrelated procedures, submitting 

nominations by regular mail may result 

in a significant delay in their receipt. 

Please contact the OSHA Docket Office 

for information about security 

procedures for submitting nominations 

by hand delivery, express delivery, and 

messenger or courier service. For 

additional information on submitting 

nominations, see the ‘‘Public 

Participation’’ heading in the 

SUPPLEMENTARY INFORMATION section 

below. 

All submissions in response to this 

Federal Register notice, including 

personal information provided, are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions interested parties about 

submitting personal information such as 

Social Security numbers and birthdates. 

Docket: To read or download 

submissions in response to this Federal 

Register notice, go to Docket No. 

OSHA–2010–0028 at http:// 

www.regulations.gov. All documents in 

the docket are listed in the http:// 

www.regulations.gov index; however, 

some documents (e.g., copyrighted 

material) are not publicly available to 

read or download through that webpage. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

FOR ADDITIONAL INFORMATION: 

For press inquiries: Ms. MaryAnn 

Garrahan, Acting Director, OSHA, Office 

of Communications, Room N–3647, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–1999. 

For general information: Mr. Francis 

Dougherty, OSHA, Office of 

Construction Services, Directorate of 

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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Notices 55611 

Construction, Room N–3468, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone 202–693–2020; e-mail 

address dougherty.francis@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Assistant Secretary of OSHA invites 

interested parties to submit nominations 

for membership on ACCSH. 

Background. ACCSH is a continuing 

advisory committee established under 

Section 107 of the Contract Work Hours 

and Safety Standards Act (Construction 

Safety Act (CSA))(40 U.S.C. 3704(d)(4)), 

to advise the Secretary of Labor 

(Secretary) in formulating construction 

safety and health standards, as well as 

on policy matters arising under the CSA 

and the Occupational Safety and Health 

Act of 1970 (OSH Act) (29 U.S.C. 651 et 

seq.). In particular, 29 CFR 1911.10(a) 

and 1912.3(a) provide that the Assistant 

Secretary shall consult with ACCSH 

whenever the Agency proposes any 

safety or health standard that affects the 

construction industry. 

ACCSH operates in accordance with 

the CSA, the OSH Act, the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App. 2), and regulations issued 

pursuant to those statutes (29 CFR part 

1912, 41 CFR part 102–3). ACCSH 

generally meets two to four times a year. 

ACCSH membership. ACCSH is 

comprised of 15 members appointed by 

the Secretary. 

The categories of ACCSH 

membership, and the number of new 

members to be appointed, are: 

• Five members who are qualified by 

experience and affiliation to present the 

viewpoint of employers in the 

construction industry: three employer 

representatives will be appointed; 

• Five members who are similarly 

qualified to present the viewpoint of 

employees in the construction industry: 

three employee representatives will be 

appointed; 

• Two representatives of State Plan 

State safety and health agencies: one 

State Plan State representative will be 

appointed; 

• Two public members, qualified by 

knowledge and experience to make a 

useful contribution to the work of 

ACCSH, such as those who have 

professional or technical experience and 

competence with occupational safety 

and health in the construction industry: 

one public representative will be 

appointed; and 

• One representative designated by 

the Department of Health and Human 

Services and appointed by the 

Secretary: No new appointment will be 

made. 

ACCSH members normally serve 

staggered two-year terms, unless they 

resign, cease to be qualified, become 

unable to serve, or are removed by the 

Secretary (29 CFR 1912.3(e)). At the 

discretion of the Secretary, a qualified 

ACCSH member whose term has 

expired may continue to serve until a 

successor is appointed. The Secretary 

may appoint ACCSH members to 

successive terms. Any member absent 

from two consecutive ACCSH meetings 

may be removed and replaced. No 

member of ACCSH, other than members 

who represent employers or employees, 

shall have an economic interest in any 

proposed rule that affects the 

construction industry (29 CFR 1912.6). 

The Department of Labor is 

committed to equal opportunity in the 

workplace and seeks broad-based and 

diverse ACCSH membership. Any 

interested person or organizations may 

nominate one or more individuals for 

membership on ACCSH. Interested 

persons also are invited and encouraged 

to submit statements in support of 

particular nominees. 

Submission requirements. 

Nominations must include the following 

information: 

(1) Nominee’s contact information 

and current employment or position; 

(2) Nominee’s resume or curriculum 

vitae, including prior membership on 

ACCSH and other relevant organizations 

and associations; 

(3) Categories of membership 

(employer, employee, public, State 

safety and health agency) that the 

nominee is qualified to represent; 

(4) A summary of the background, 

experience, and qualifications that 

addresses the nominee’s suitability for 

each of the nominated membership 

categories; 

(5) Articles or other documents the 

nominee has authored that indicate the 

nominee’s knowledge, experience, and 

expertise in occupational safety and 

health, particularly as it pertains to the 

construction industry; and 

(6) A statement that the nominee is 

aware of the nomination, is willing to 

regularly attend and participate in 

ACCSH meetings, and has no conflicts 

of interest that would preclude 

membership on ACCSH. 

Member selection. ACCSH members 

will be selected on the basis of their 

experience, knowledge, and competence 

in the field of occupational safety and 

health, particularly in the construction 

industry. Information, received through 

this nomination process, in addition to 

other relevant sources of information, 

will assist the Secretary in appointing 

members to ACCSH. In selecting 

ACCSH members, the Secretary will 

consider individuals nominated in 

response to this Federal Register notice, 

as well as other qualified individuals. 

OSHA will publish the list of new 

ACCSH members in the Federal 

Register. 

Public Participation 

Instructions for submitting 

nominations. All nominations, 

supporting documents, attachments, 

and other materials must identify the 

Agency name and the docket number for 

this notice (Docket No. OSHA–2010– 

0028). You may submit materials: (1) 

Electronically, (2) by FAX, or (3) by 

hard copy. You may supplement 

electronic submissions by attaching 

electronic files. Alternatively, if you 

wish to supplement electronic 

submissions with hard copy documents, 

you must submit them to the OSHA 

Docket Office and clearly identify your 

electronic submission by Agency name 

and docket number (Docket No. OSHA– 

2010–0028) so that the materials can be 

attached to the electronic submission. 

Because of security-related 

procedures, materials submitted by mail 

may experience significant delays. For 

information about security procedures 

concerning the delivery of materials by 

hand, express delivery, and messenger 

or courier service, please contact the 

OSHA Docket Office. 

All submissions, including personal 

information provided, will be posted in 

the docket without change; therefore, 

OSHA cautions interested parties about 

submitting personal information such as 

Social Security numbers and birthdates. 

Guidance on submitting nominations 

and supporting materials is available 

on-line at http://www.regulations.gov 

and from the OSHA Docket Office. 

Access to docket. All submissions in 

response to this Federal Register notice 

are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download from that Webpage. 

All submissions, including materials not 

available on-line, are available for 

inspection and copying at the OSHA 

Docket Office. For information about 

accessing materials in Docket No. 

OSHA–2010–0028, including materials 

not available on-line, contact the OSHA 

Docket Office. 

Access to this Federal Register notice. 

Electronic copies of this Federal 

Register document are available at 

http://www.regulations.gov. This 

document, as well as news releases and 

other relevant information, also is 

available at OSHA’s Webpage at http:// 

www.osha.gov. 

Authority and Signature: David 

Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

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55612 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Notices 

Safety and Health, directed the 

preparation of this notice under the 

authority granted by section 7 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 656), section 107 of the 

Contract Work Hours and Safety 

Standards Act (40 U.S.C. 3704), the 

Federal Advisory Committee Act (5 

U.S.C. App. 2), 29 CFR part 1912, 41 

CFR part 102–3, and Secretary of 

Labor’s Order No. 5–2007 (72 FR 

31160). 

Signed at Washington, DC, this 7th day of 

September, 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–22695 Filed 9–10–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–74,063] 

TRG Insurance Solutions, LLC; 

Beckley, WV; Notice of Affirmative 

Determination Regarding Application 

for Reconsideration 

By application dated August 12, 2010, 

petitioners requested administrative 

reconsideration of the negative 

determination regarding workers’ 

eligibility to apply for Trade Adjustment 

Assistance (TAA) applicable to workers 

and former workers of TRG Insurance 

Solutions, LLC, Beckley, West Virginia 

(subject firm). The negative 

determination was issued on July 14, 

2010. The Notice of Determination was 

published in the Federal Register on 

August 2, 2010 (75 FR 45164). Workers 

are engaged in employment related to 

the supply of insurance call center 

services. 

The negative determination was based 

on the findings that the subject firm did 

not, during the period under 

investigation, shift to/acquire from a 

foreign country services like or directly 

competitive with the insurance call 

center services supplied; that the 

workers’ separation, or threat of 

separation, was not related to an 

increase in imports of like or directly 

competitive services; and that the 

workers did not supply a service that 

was directly used in the production of 

an article or the supply of service by a 

firm that employed a worker group that 

is eligible to apply for TAA based on the 

aforementioned article or service. 

In the request for reconsideration, the 

petitioners provided additional 

information pertaining to a shift in 

services abroad. 

The Department has carefully 

reviewed the request for reconsideration 

and the existing record and has 

determined that the Department will 

conduct further investigation to 

determine if the workers meet the 

eligibility requirements of the Trade Act 

of 1974, as amended. 

Conclusion 

After careful review of the 

application, I conclude that the claim is 

of sufficient weight to justify 

reconsideration of the U.S. Department 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 30th day of 

August, 2010. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2010–22716 Filed 9–10–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Proposed Collection, Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. The Bureau of Labor 

Statistics (BLS) is soliciting comments 

concerning the proposed revision of the 

‘‘Telephone Point of Purchase Survey.’’ 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the individual listed 

below in the Addresses section of this 

notice. 

DATES: Written comments must be 

submitted to the office listed in the 

Addresses section of this notice on or 

before November 12, 2010. 

ADDRESSES: Send comments to Nora 

Kincaid, BLS Clearance Officer, 

Division of Management Systems, 

Bureau of Labor Statistics, Room 4080, 

2 Massachusetts Avenue, NE., 

Washington, DC 20212. Written 

comments also may be transmitted by 

fax to 202–691–5111 (this is not a toll 

free number). 

FOR FURTHER INFORMATION CONTACT: 

Nora Kincaid, BLS Clearance Officer, 

telephone number 202–691–7628 (this 

is not a toll free number). (See 

ADDRESSES section). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The purpose of this survey is to 

develop and maintain a timely list of 

retail, wholesale, and service 

establishments where urban consumers 

shop for specified items. This 

information is used as the sampling 

universe for selecting establishments at 

which prices of specific items are 

collected and monitored for use in 

calculating the Consumer Price Index 

(CPI). The survey has been ongoing 

since 1980 and also provides 

expenditure data that allows items that 

are priced in the CPI to be properly 

weighted. 

II. Current Action 

Office of Management and Budget 

clearance is being sought for the 

Telephone Point of Purchase Survey 

(TPOPS). 

Since 1997, the survey has been 

administered quarterly via a computerassisted-telephone-interview. This 

survey is flexible and creates the 

possibility of introducing new products 

into the CPI in a timely manner. The 

data collected in this survey are 

necessary for the continuing 

construction of a current outlet universe 

from which locations are selected for 

the price collection needed for 

calculating the CPI. Furthermore, the 

TPOPS provides the weights used in 

selecting the items that are priced at 

these establishments. This sample 

design produces an overall CPI market 

basket that is more reflective of the 

prices faced and the establishments 

visited by urban consumers. 

For this clearance, the BLS will be 

implementing a cell phone frame to 

address a coverage issue associated with 

landline RDD surveys. The goal of 

including a cell phone frame is to 

contact respondents who reside in 

households with no landline service, 

but with cellular phone service. The 

implementation process will begin with 

a pre-test beginning in the first quarter 

of 2011 to assess cell phone frame 

interviewing and to determine the 

correct amount of sample to pull for 

each primary sampling unit or 

geographic area in the CPI. The cell 

mstockstill on DSKB9S0YB1PROD with NOTICES