Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 65521 

TA–W No. Subject firm Location Impact date 

72,493 .......... Ananke, Inc ............................................................................................ Providence, RI 

74,291 .......... South Central Workforce Investment Board, Ozark Action, Inc ............ West Plains, MO 

Determinations Terminating 

Investigations of Petitions for Worker 

Adjustment Assistance 

After notice of the petitions was 

published in the Federal Register and 

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. 

The following determinations 

terminating investigations were issued 

because the petitioner has requested 

that the petition be withdrawn. 

TA–W No. Subject firm Location Impact date 

74,544 .......... 3M IMTEC .............................................................................................. Ardmore, OK 

74,616 .......... Orbotech, Inc., A workers working on-site at TTM Technologies ......... Redmond, WA 

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 

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 

therefore, may not be part of a 

petitioning worker group. For one or 

more of these reasons, these petitions 

were deemed invalid. 

TA–W No. Subject firm Location Impact date 

74,488 .......... Computer Sciences Corporation (CSC) ................................................ Newark, DE 

74,496 .......... Hallmark Cards, Inc ............................................................................... Kansas City, MO 

The following determinations 

terminating investigations were issued 

because the petitioning groups of 

workers are covered by active 

certifications. Consequently, further 

investigation in these cases would serve 

no purpose since the petitioning group 

of workers cannot be covered by more 

than one certification at a time. 

TA–W No. Subject firm Location Impact date 

74,103 .......... WellPoint, Inc., Doing business as Blue Cross/Blue Shield ................. Denver, CO 

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 

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 


emcdonald on DSK2BSOYB1PROD with NOTICES
65522 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 

1This 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. 

2FM requested recognition for UL 298—Portable 

Electric Hand Lamps, but this standard has been 

withdrawn and was superseded by UL 153. 

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. 

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 

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. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 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 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

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. 

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 Subject firm (petitioners) Location Date of 

institution 

Date of 

petition 

74691 ............. Smurfit Stone Corporated (State/One-Stop) .......................... Jacksonville, FL ..................... 10/06/10 09/29/10 

74692 ............. Bank of America (Workers) .................................................... Charlotte, NC ......................... 10/06/10 09/24/10 

74693 ............. UFE, Inc. (Workers) ............................................................... El Paso, TX ............................ 10/06/10 09/20/10 

74694 ............. IAC Greencastle (Union) ........................................................ Greencastle, IN ...................... 10/06/10 10/05/10 

74695 ............. Vico Company (Company) ..................................................... Sumter, SC ............................ 10/06/10 10/04/10 

74696 ............. Motorola, Inc. (State/One-Stop) ............................................. Arlington Heights, IL .............. 10/06/10 09/22/10 

74697 ............. Bank of America (Workers) .................................................... State College, PA .................. 10/06/10 09/15/10 

74698 ............. Fraser, NH, LLC (Union) ........................................................ Gorham, NH ........................... 10/06/10 09/28/10 

74699 ............. LabCorp (Workers) ................................................................. Richardson, TX ...................... 10/06/10 09/29/10 

74700 ............. AT&T (Workers) ..................................................................... Reynoldsburg, OH ................. 10/06/10 09/29/10 

74701 ............. Avaya, Inc. (State/One-Stop) ................................................. Prior Lake, MN ....................... 10/06/10 10/05/10 

74702 ............. Sperry and Rice Manufacturing Company, LLC (Workers) ... Killbuck, OH ........................... 10/08/10 10/04/10 

74703 ............. Aviat, U.S., Inc. (Company) ................................................... Santa Clara, CA ..................... 10/08/10 10/06/10 

74704 ............. SuperValu, Inc. (State/One-Stop) .......................................... Hopkins, MN .......................... 10/08/10 10/06/10 

74705 ............. Moll Industries (Workers) ....................................................... Seagrove, NC ........................ 10/08/10 10/04/10 

74706 ............. Busch Agricultural Resources, LLC (Workers) ...................... Manitowoc, WI ....................... 10/08/10 09/01/10 

74707 ............. Biomet (Workers) ................................................................... Parsippany, NJ ...................... 10/08/10 10/07/10 

[FR Doc. 2010–26767 Filed 10–22–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[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 

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 


emcdonald on DSK2BSOYB1PROD with NOTICES