Document e51n5eexVZJDjDDe7Z1w8LVrg

To: - .Oistribution From: T. B. Anderson Subject: Memorandum * Unit: Unit ICD - Philadelphia D j - '. -> Attached is a copy of: the Secretary of Labor's motion for an enlargement of: time to respond to our PMA for our Lead-In-Air citation. They now must respond by May 26, 1978. TEA:tie copy: J. A. Bielaus W. E. Blair O. Douglass D. W. Hurley J. H. Paraskevas AJ. Silver J. Stark P. P. Warenski N 27285 NL 000041271 U.S. DEPARTMENT OF LABOR Of f ic e o f t h e Re g io n a l So l ic it o r 3555 MARKET STREET. ROOM 141S0 PHILADELPHIA, PEN'N'SVLVAN'IA 1910-S 215-596-IU6 March 28, 1978 Ray H. Darlin, Jr. Executive Secretary Occupational Safety and Health Review Commission 1825 "K" Street, N.W. Washington, D.C. 20006 `~ Re: NL Industries, Inc. v. Ray Marshall, et al. OSHRC Docket No., Region III, SOL No. 37^6 Dear Mr. Darling: Enclosed herewith is the original of the Secretary's Motion For Extension of Time for filing in the above matter. As is indicated on the Certificate of Service, appropriate copies have been served. Very truly yours. Marshall H. Harris Regional Solicitor Enclosure cc: Maomas E. Anderson, Plant Manager SQL:JTC:ksr CERTIFIED MAIL RETURN RECEIPT REQUESTED N 27285.01 NL 000041272 UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION fIL INDUSTRIES, INCORPORATED, Petitioner, V. RAY MARSHALL, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Respondent. : : : : OSERCDOCKETNO. REGION III MOTION FOR EXTENSION OF TIME Respondent, Ray Marshall, Secretary of Labor, United Stat<s Department of Labor, by his attorneys, hei-eby moves for an extension of time within which it must file a response to Petitioner's Petition for Modification of Abatement Date, and as grounds therefor, represents: 1. On March 20, 1978, NL Industries, Incorporated filed a Petition for Modification of Abatement Lute with regard to Item No. 1 of Citation No. KS038 563 issued on December 22, 1975. N 27285.02 NL 000041273 Said Petition was received on March 22, 1973. Copies of said Petition and Citation are attached hereto, made a part hereof, and marked Exhibits A and B respectively. 2. In order to make a decision with respect to concurring In or objecting to the requested Petition, it will be necessary for the Secretary to evaluate the state of the art lead control techniques as applied to the lead industry and define the employer's efforts at compliance WHEREFORE, Respondent respectfully requests a 45 day | extension, until May/ 2o, 1973, within which he must file a possible objection in accordance with Review Co.maissicn Rule 34. POST OFFICE ADDRESS: Marshall H. Harris Regional Solicitor Office of the Solicitor 144SO Gateway Building 3535 Market'-Street ' Philadelphia, PA 19104 (215) 590-1120 A*/ Carin Ann Clauss Carin Ann Clauss Solicitor of Labor /s/ Marshall H. Harris Marshall K. Harris Regional Solicitor A/ Joseph T. Crawford Joseph T. Crawford Attorney UNITED STATES DEPARTMENT OF l '. Attorneys for Respondent. NL 000041274 C1RTIFICAT3 0? SSRVICS I, Joseph-T. Crawford, onecf the attorneys for the Secretary of Labor, hereby certify that I served a copy of the Secretary's Motion For Extension of Tine by mailing true and correct copies of the document in a Government envelope, postage prepaid, certified raail, return receipt requested, on the following: Thomas S. Anderson Plant Manager NL Industries, Inc. 25^5 Aramingo Avenue Philadelphia, FA 19125 Dated: March 28, 1978 /s/ Joseph T.. Crawford Joseph T. Craviford Attorney NL 000041275