[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR637.209]

[Page 212-213]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 637--CONSTRUCTION INSPECTION AND APPROVAL--Table of Contents
 
        Subpart B--Quality Assurance Procedures for Construction
 
Sec. 637.209  Laboratory and sampling and testing personnel qualifications.

    (a) Laboratories.
    (1) After June 29, 2000, all contractor, vendor, and STD testing 
used in the acceptance decision shall be performed by qualified 
laboratories.
    (2) After June 30, 1997, each STD shall have its central laboratory 
accredited

[[Page 213]]

by the AASHTO Accreditation Program or a comparable laboratory 
accreditation program approved by the FHWA.
    (3) After June 29, 2000, any non-STD designated laboratory which 
performs IA sampling and testing shall be accredited in the testing to 
be performed by the AASHTO Accreditation Program or a comparable 
laboratory accreditation program approved by the FHWA.
    (4) After June 29, 2000, any non-STD laboratory that is used in 
dispute resolution sampling and testing shall be accredited in the 
testing to be performed by the AASHTO Accreditation Program or a 
comparable laboratory accreditation program approved by the FHWA.
    (b) Sampling and testing personnel. After June 29, 2000, all 
sampling and testing data to be used in the acceptance decision or the 
IA program shall be executed by qualified sampling and testing 
personnel.
    (c) Conflict of interest. In order to avoid an appearance of a 
conflict of interest, any qualified non-STD laboratory shall perform 
only one of the following types of testing on the same project: 
Verification testing, quality control testing, IA testing, or dispute 
resolution testing.

 Appendix A to Subpart B of Part 637--Guide Letter of Certification by 
                             State Engineer

Date____________________________________________________________________
Project No._____________________________________________________________
    This is to certify that:
    The results of the tests used in the acceptance program indicate 
that the materials incorporated in the construction work, and the 
construction operations controlled by sampling and testing, were in 
conformity with the approved plans and specifications. (The following 
sentence should be added if the IA testing frequencies are based on 
project quantities. All independent assurance samples and tests are 
within tolerance limits of the samples and tests that are used in the 
acceptance program.)
    Exceptions to the plans and specifications are explained on the back 
hereof (or on attached sheet).
________________________________________________________________________
Director of STD Laboratory or other appropriate STD Official.