Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 65517 

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. 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 7th day of 

October 2010. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2010–26902 Filed 10–22–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–72,949] 

Western Digital Technologies, Inc., 

Corporate Headquarters/Hard Drive 

Development Division, Lake Forest, 

CA; Notice of Affirmative 

Determination Regarding Application 

for Reconsideration 

By application dated September 14, 

2010, workers requested administrative 

reconsideration of the negative 

determination regarding workers’ 

eligibility to apply for Trade Adjustment 

Assistance (TAA) applicable to workers 

and former workers of the subject firm. 

The Department’s Notice of negative 

determination was issued on August 5, 

2010 and published in the Federal 

Register on August 23, 2010 (75 FR 

51849). The workers are engaged in 

activity related to the supply of 

engineering services. 

The negative determination was based 

on the findings that the subject firm did 

not increase imports services supplied 

by the worker’s firm and that there has 

not been a shift to a foreign country in 

the supply of services by the subject 

firm. The investigation also revealed 

that the subject firm does not supply a 

service that was directly used in the 

production of an article by a firm that 

employed a worker group eligible to 

apply for TAA. 

The request for reconsideration 

alleges that increased imports of articles 

(disk drives) that were produced 

directly using the services supplied by 

the subject workers (engineering) 

contributed importantly to separations 

at the subject firm. 

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 7th day of 

October 2010. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2010–26901 Filed 10–22–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2006–0042] 

Canadian Standards Association; 

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 the 

Canadian Standards Association 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 recognition of 

the Canadian Standards Association 

(CSA) as a Nationally Recognized 

Testing Laboratory (NRTL). CSA’s 

expansion covers the use of additional 

test standards. OSHA’s current scope of 

recognition for CSA may be found in the 

following informational Web page: 

http://www.osha.gov/dts/otpca/nrtl/ 

csa.html. 

OSHA recognition of an NRTL 

signifies that the organization has met 

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 

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. 

CSA submitted an application, dated 

June 25, 2008, to expand its recognition 

to include five additional test standards. 

The NRTL Program staff determined 

that four of these standards (listed 

below) are ‘‘appropriate test standards’’ 

within the meaning of 29 CFR 1910.7(c). 

In connection with this request, NRTL 

Program staff did not perform any onsite 

review of CSA’s recognized sites. The 

staff only performed a comparability 

analysis,1 and recommended expansion 

of CSA’s recognition to include the 

additional four test standards listed 

below. The Agency subsequently 

accepted this recommendation, and 

published a preliminary notice 

announcing the expansion application 

in the Federal Register on April 26, 

2010 (75 FR 21666). Comments were 

requested by May 11, 2010, but OSHA 

received no comments in response to 

this notice. OSHA is now proceeding 


emcdonald on DSK2BSOYB1PROD with NOTICES
65518 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 

with this final notice to grant CSA’s 

expansion application. 

All public documents pertaining to 

the CSA 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–2006–0042. 

Final Decision and Order 

NRTL Program staff examined CSA’s 

application, the comparability analysis, 

and other pertinent information. Based 

on this examination and the analysis, 

OSHA finds that CSA 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 CSA, subject to this 

limitation and these conditions. 

Limitation 

OSHA limits the expansion of CSA’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 498A Current Taps and Adapters 

UL 515 Electrical Resistance Heat 

Tracing for Commercial and Industrial 

Applications 

UL 1673 Electric Space Heating Cables 

UL 1977 Component Connectors for 

Use in Data, Signal, Control and 

Power Applications 

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 an American 

National Standard. 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 (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. 

Conditions 

CSA also must abide by the following 

conditions of the recognition, in 

addition to those conditions already 

required by 29 CFR 1910.7: 

1. CSA must allow 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 CSA 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. CSA 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, CSA 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. CSA 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. CSA will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

6. CSA will continue to meet the 

requirements for recognition in all areas 

to which this recognition applies. 

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. 2010–26887 Filed 10–22–10; 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 October 4, 2010 

through October 8, 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 

such firm are directly incorporated, 

have increased; 

(C) Imports of articles directly 

incorporating one or more component 

parts produced outside the United 

States that are like or directly 

competitive with imports of articles 

incorporating one or more component 

parts produced by such firm have 

increased; 

(D) Imports of articles like or directly 

competitive with articles which are 

produced directly using services 

supplied by such firm, have increased; 

and 

(4) The increase in imports 

contributed importantly to such 


emcdonald on DSK2BSOYB1PROD with NOTICES