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 


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