Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 9031 

Signed in Washington, DC, this 21st day of 

February 2007. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E7–3462 Filed 2–27–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Renewal of the Advisory 

Committee on Apprenticeship (ACA) 

Charter 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Renewal of the Advisory 

Committee on Apprenticeship (ACA) 

Charter. 

SUMMARY: Notice is hereby given that 

after consultation with the General 

Services Administration, it has been 

determined that the renewal of a 

national advisory committee on 

apprenticeship is necessary and in the 

public interest. Accordingly, the U.S. 

Department of Labor, Employment and 

Training Administration has renewed 

the Advisory Committee on 

Apprenticeship (ACA) Charter with 

several minor revisions. The revisions 

are not intended to change the purpose 

or the Committee’s original intent. The 

revisions are intended as a routine 

updating to align with the Department’s 

strategic goals and existing procedures. 

SUPPLEMENTARY INFORMATION: 

Background 

The current ACA charter expires 

March 2, 2007. The ACA’s charter is 

required to be renewed every two years 

from the date of the Secretary of Labor’s 

signature. During the renewal process 

several revisions were made to align the 

charter with the Department’s strategic 

goals and existing procedures. These 

proposed revisions were not intended to 

change the purpose or the Committee’s 

original intent. The revisions were 

intended as a routine updating to align 

with the Department’s goals and 

procedures. The revisions are found in 

the following five sections of the 

charter: Objectives and the Scope, 

Membership, official name change for 

the Office of Apprenticeship, Panel of 

Experts, and the Annual Operating Cost. 

Summary of Revisions 

• The objectives were slightly 

modified to ensure that they are aligned 

with the Department’s Strategic Goals. 

• The membership was altered 

slightly to make official the long 

standing practice of inviting the current 

President of the National Association of 

State and Territorial Apprenticeship 

Directors (NASTAD) and the National 

Association of Government Labor 

Officials (NAGLO) to represent his or 

her respective organization on the 

Committee. 

• All appropriate entries were 

modified to reflect the name change 

from the Office of Apprenticeship 

Training, Employer and Labor Services 

(OATELS) to the Office of 

Apprenticeship (OA). 

• The current ACA recommended the 

U.S. Department of Agriculture be 

added to the Panel of Experts. The 

charter states that the Secretary can 

establish a non-voting Panel of Experts 

consisting of representatives from a 

variety of Departments to assist the 

Committee in carrying out its 

responsibilities. 

• The budget was increased from 

$220,000 to $250,000 to accommodate 

the cost of providing logistical and 

conference support for the annual ACA 

meetings, and key regulatory workgroup 

meetings. 

The ACA provides advice and 

recommendations to the Secretary of 

Labor in four key areas: 

(1) In the development and 

implementation of policies, legislation 

and regulations affecting the National 

Apprenticeship System; 

(2) On the preparation of the 

American workforce for sustained 

employment through employment and 

training programs for new and 

incumbent workers, as well as quality 

economic and labor market information; 

(3) On measures that will foster 

quality work places that are safe, 

healthy, and fair; 

(4) On strategies to meet the 

competitive labor demands of a global 

economy, as well as the development of 

workforce systems that assist workers 

and employers in meeting the 

challenges of global competition. 

The Committee is composed of 

approximately 30 individuals appointed 

by the Secretary. The membership of the 

Committee shall include equal 

representation of employers, labor 

organizations, and the public sectors. 

NASTAD and NAGLO will both be 

represented by their current President 

on the public group of the Committee. 

Since the term for the NASTAD and the 

NAGLO presidency may not coincide 

with the ACA’s two-year term, as the 

presidency changes, so will the 

representatives from these respective 

organizations. The Secretary shall 

appoint one of the public members as 

Chairperson to the Committee. A 

representative of the U.S. Department of 

Education and the U.S. Department of 

Commerce will be invited to serve as 

non-voting members of the Committee 

ex-officio. The Assistant Secretary for 

Employment and Training shall be a 

member ex-officio. The Administrator of 

the Office of Apprenticeship shall be the 

designated Federal official to the 

Committee. 

Terms of members shall be 1 or 2- 

years, as designated by the Secretary, 

provided that all Committee members 

shall serve at the pleasure of the 

Secretary. Appointments to vacancies 

occurring during the terms of such 

appointments shall be for the unexpired portions of the terms. The 

expiration date for the 2-year terms shall 

coincide with the termination of the 

charter, and the 1-year terms shall 

expire one month prior to the 

termination of the charter. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Anthony Swoope, Administrator, Office 

of Apprenticeship, Employment and 

Training Administration, U.S. 

Department of Labor, Room N–5311, 

200 Constitution Avenue, NW., 

Washington, DC 20210. Telephone: 

(202) 693–2796, (this is not a toll-free 

number). 

Signed at Washington, DC, this 22nd day 

of February, 2007. 

Emily Stover DeRocco, 

Assistant Secretary for Employment and 

Training. 

[FR Doc. E7–3465 Filed 2–27–07; 8:45 am] 

BILLING CODE 4510–30–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2006–0041] 

Southwest Research Institute; Renewal 

and 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 

renewing and expanding the recognition 

of Southwest Research Institute (SWRI) 

as a Nationally Recognized Testing 

Laboratory under 29 CFR 1910.7. 

DATES: The renewal and expansion of 

recognition become effective on 

February 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, Office of 

Technical Programs and Coordination 

Activities, NRTL Program, Occupational 

Safety and Health Administration, U.S. 


sroberts on PROD1PC70 with NOTICES
9032 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 

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 of the renewal and expansion of 

recognition of Southwest Research 

Institute (SWRI) as a Nationally 

Recognized Testing Laboratory (NRTL). 

SWRI’s expansion covers the use of an 

additional test standard, while the SWRI 

renewal covers its existing scope of 

recognition. OSHA’s current scope of 

recognition for SWRI may be found in 

the following informational Web page: 

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

swri.html. 

OSHA recognition of an NRTL 

signifies that the organization has met 

the legal requirements in Section 1910.7 

of Title 29, Code of Federal Regulations 

(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 properly 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 

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. We 

maintain an informational Web page for 

each NRTL that details its scope of 

recognition. These pages can be 

accessed from our Web site at http:// 

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

index.html. 

SWRI initially received OSHA 

recognition as an NRTL on July 13, 1993 

(58 FR 37752), for a five-year period 

ending on July 13, 1998. Appendix A to 

29 CFR 1910.7 stipulates that the period 

of recognition of an NRTL is five years 

and that an NRTL may renew its 

recognition by applying not less than 

nine months, nor more than one year, 

before the expiration date of its current 

recognition. NRTLs submitting requests 

within this allotted time period retain 

their recognition during OSHA’s 

renewal process. SWRI submitted the 

required application and received its 

first renewal of recognition on March 9, 

1999 (64 FR 11503), for the five-year 

period ending March 9, 2004. SWRI 

then submitted a request dated June 4, 

2003 (see Exhibit 14), to renew its 

recognition again. This request fell 

within the allotted time period, and 

SWRI retained its recognition pending 

OSHA’s final decision in the renewal 

process. 

In its June 4, 2003, application, the 

NRTL included an earlier request to 

expand its recognition to include three 

additional test standards, but then 

eliminated two of these standards from 

its request. The NRTL Program staff 

determined that the remaining standard 

is an ‘‘appropriate test standard’’ within 

the meaning of 29 CFR 1910.7(c). 

Therefore, OSHA is approving this one 

additional test standard for the 

expansion. For the renewal, the Agency 

is approving the 11 test standards 

currently in SWRI’s scope. In 

connection with the renewal, NRTL 

Program staff assessed the NRTL’s 

facilities in April 2005 and 

recommended renewal of the SWRI 

recognition in a memo dated August 31, 

2005 (see Exhibit 14–1). The assessor 

had previously recommended approval 

of the additional standard (also see 

Exhibit 14–1), but the expansion was 

deferred pending SWRI’s decision 

regarding the two standards it 

eliminated. 

The preliminary notice announcing 

the renewal/expansion application was 

published in the Federal Register on 

October 6, 2006 (71 FR 59133). 

Comments were requested by October 

23, 2006, but no comments were 

received in response to this notice. 

OSHA is now proceeding with this final 

notice to grant SWRI’s renewal/ 

expansion application. 

The most recent application 

processed by OSHA specifically related 

to SWRI’s recognition granted an 

expansion, and the final notice for this 

expansion was published on November 

22, 2000 (65 FR 70366). OSHA, 

however, issued a notice modifying the 

scope of a number of NRTLs to replace 

or delete withdrawn test standards (70 

FR 11273, March 8, 2005). SWRI was 

one of those NRTLs. 

You may obtain or review copies of 

all public documents pertaining to the 

SWRI application 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. Docket No. OSHA–2006–0041 

(formerly, NRTL3–90) contains all 

materials in the record concerning 

SWRI’s recognition. 

The current address of the SWRI 

facility already recognized by OSHA is: 

Southwest Research Institute, 6220 

Culebra Road, Post Office Drawer 28510, 

San Antonio, TX 78228. 

Final Decision and Order 

NRTL Program staff has examined the 

application, the assessor’s 

recommendations, and other pertinent 

information. Based upon this 

examination and the assessor’s 

recommendations, OSHA finds that 

SWRI has met the requirements of 29 

CFR 1910.7 for renewal and expansion 

of its recognition, subject to the 

limitations and conditions listed below. 

Pursuant to the authority in 29 CFR 

1910.7, OSHA hereby renews and 

expands the recognition of SWRI, 

subject to these limitations and 

conditions. 

Limitations 

1. Test Standards and Site 

OSHA limits the renewal of SWRI’s 

recognition to the one site listed above 

and to testing and certification of 

products for demonstration of 

conformance to the following test 

standards, each of which OSHA has 

determined is an appropriate test 

standard, within the meaning of 29 CFR 

1910.7(c): 

ASTM E2074 Standard Method for Fire 

Tests of Door Assemblies. 

UL 10A ......... Tin-Clad Fire Doors. 

UL 10B .......... Fire Tests of Door Assemblies. 

UL 94 ............ Tests for Flammability of 

Plastic Materials for Parts 

in Devices and Appliances. 

UL 155 .......... Tests of Fire Resistance of 

Vault and File Room 

Doors. 

UL 162 .......... Foam Equipment and Liquid Concentrates. 

UL 555 .......... Fire Dampers. 

UL 711 .......... Rating and Fire Testing of 

Fire Extinguishers. 

UL 1887 ........ Fire Test of Plastic Sprinkler Pipe for Visible 

Flame and Smoke Characteristics. 

UL 2085 ........ Protected Aboveground 

Tanks for Flammable and 

Combustible Liquids. 

UL 60950 ...... Information Technology 

Equipment. 

Additionally, OSHA limits the 

expansion of SWRI’s recognition to 

testing and certification of products for 

demonstration of conformance to the 

following test standard, which also is an 

appropriate test standard, as previously 

noted: UL 525 Flame Arresters. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Notices 9033 

The designations and titles of all of 

the above test standards were current at 

the time of the preparation of the 

preliminary notice. 

OSHA’s recognition of SWRI, or 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(s) for 

which OSHA does not require such 

testing and certification, an NRTL’s 

scope of recognition does not include 

that product(s). 

Many UL test standards are approved 

as American National Standards by the 

American National Standards Institute 

(ANSI). However, for convenience, 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 to find 

out whether or not a test standard is 

currently ANSI-approved. 

2. Supplemental Programs 

The renewal is also limited to 

continued use by SWRI of the following 

supplemental programs, all of which are 

currently in its scope: 

Program 2: Acceptance of testing data 

from independent organizations, other 

than NRTLs. 

Program 3: Acceptance of product 

evaluations from independent 

organizations, other than NRTLs. 

Program 4: Acceptance of witnessed 

testing data. 

Program 9: Acceptance of services 

other than testing or evaluation 

performed by subcontractors or agents. 

In developing these programs, OSHA 

responded to industry requests and 

allowed certain of their ongoing 

practices to continue but in a manner 

controlled by OSHA criteria. In this 

sense, they are special conditions that 

the Agency places on an NRTL’s 

recognition. OSHA does not consider 

these programs in determining whether 

an NRTL meets the requirements for 

recognition under 29 CFR 1910.7. 

However, these programs help to define 

the scope of that recognition. 

Conditions 

SWRI must also abide by the 

following conditions of the recognition, 

in addition to those already required by 

29 CFR 1910.7: 

OSHA must be allowed access to 

SWRI’s facilities and records for 

purposes of ascertaining continuing 

compliance with the terms of its 

recognition and to investigate as OSHA 

deems necessary; 

If SWRI 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 fact and provide 

that organization with appropriate 

relevant information upon which its 

concerns are based; 

SWRI 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, SWRI 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 is tied, or that its 

recognition is limited to certain 

products; 

SWRI 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; 

SWRI will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

SWRI will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC, this 21st day of 

February, 2007. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor. 

[FR Doc. E7–3440 Filed 2–27–07; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF TRANSPORTATION 

National Foundation for the Arts and 

the Humanities 

National Endowment for the Arts; 

National Council on the Arts 160th 

Meeting 

Pursuant to section 10(a)(2) of the 

Federal Advisory Committee Act 

(Pub. L. 92–463), as amended, notice is 

hereby given that a meeting of the 

National Council on the Arts will be 

held on March 22 and March 23, 2007 

in Rooms 527 and M–09 at the Nancy 

Hanks Center, 1100 Pennsylvania 

Avenue, NW, Washington, DC 20506. 

The Council will meet in closed 

session on March 22nd, from 12 p.m. to 

2 p.m., in Room 527 for discussion of 

National Medal of Arts nominations. In 

accordance with the determination of 

the Chairman of February 16, 2007, this 

session will be closed to the public 

pursuant to subsection (c)(6) of section 

552b of Title 5, United States Code. 

The March 23rd meeting, from 9 a.m. 

to 11:45 a.m. (ending time is 

approximate), will be open to the public 

on a space available basis. Opening 

remarks and announcements will 

include introduction of new Council 

members and viewing of a clip from the 

Operation Homecoming film. This will 

be followed by an update on 

Congressional/White House activities. 

The meeting will include two 

presentations: One on 40 years of NEA 

support for Theater and Musical Theater 

and one on Artist Communities, 

highlighting the MacDowell Colony and 

including guest speakers and a 

performance (participants not yet 

determined). This will be followed by 

review and voting on applications and 

guidelines. The meeting will conclude 

with general discussion. 

If, in the course of the open session 

discussion, it becomes necessary for the 

Council to discuss non-public 

commercial or financial information of 

intrinsic value, the Council will go into 

closed session pursuant to subsection 

(c)(4) of the Government in the 

Sunshine Act, 5 U.S.C. 552b. 

Additionally, discussion concerning 

purely personal information about 

individuals, submitted with grant 

applications, such as personal 

biographical and salary data or medical 

information, may be conducted by the 

Council in closed session in accordance 

with subsection (c)(6) of 5 U.S.C. 552b. 

Any interested persons may attend, as 

observers, Council discussions and 

reviews that are open to the public. If 

you need special accommodations due 

to a disability, please contact the Office 

of AccessAbility, National Endowment 

for the Arts, 1100 Pennsylvania Avenue, 

NW, Washington, DC 20506, 202/682–

5532, TTY–TDD 202/682–5429, at least 

seven (7) days prior to the meeting. 

Further information with reference to 

this meeting can be obtained from the 

Office of Communications, National 

Endowment for the Arts, Washington, 

DC 20506, at 202/682–5570. 

Dated: February 22, 2007. 

Kathy Plowitz-Worden, 

Panel Coordinator, Office of Guidelines and 

Panel Operations. 

[FR Doc. E7–3413 Filed 2–27–07; 8:45 am] 

BILLING CODE 7537–01–P 


sroberts on PROD1PC70 with NOTICES