[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.101]
[Page 161]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.101 Applicability.
Authority: Sec. 8, Noise Control Act of 1972, (42 U.S.C. 4907), and
other authority as specified.
The provisions of subpart A apply to all products for which
regulations are published under part 211 and manufactured after the
effective date of this regulation, unless they are made inapplicable by
product-specific regulations.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.102]
[Page 161-162]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.102 Definitions.
(a) All terms that are not defined in this subpart will have the
meaning given them in the Act.
(b) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86
Stat. 1234).
[[Page 162]]
(c) Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
(d) Agency means the United States Environmental Protection Agency.
(e) Acoustic descriptor means the numeric, symbolic, or narrative
information describing a product's acoustic properties as they are
determined according to the test methodology that the Agency prescribes.
(f) Export exemption means an exemption from the prohibitions of
section 10(a) (3) and (4) of the Act; this type of exemption is granted
by statute under section 10(b)(2) of the Act for the purpose of
exporting regulated products.
(g) National security exemption means an exemption from the
prohibitions of section 10(a) (3) and (5) of the Act, which may be
granted under section 10(b)(1) of the Act in cases involving national
security.
(h) Product means any noise-producing or noise-reducing product for
which regulations have been promulgated under part 211; the term
includes ``test product''.
(i) Regulations published under this part means all subparts to part
211.
(j) Testing exemption means an exemption from the prohibitions of
section 10(a) (1), (2), (3), and (5) of the Act, which may be granted
under section 10(b)(1) of the Act for research, investigations, studies,
demonstrations, or training, but not for national security.
(k) Test product means any product that must be tested according to
regulations published under part 211.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.103]
[Page 162]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.103 Number and gender.
In this part, words in the singular will be understood to include
the plural, and words in the masculine gender will be understood to
include the feminine, and vice versa, as the case may require.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.104]
[Page 162]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.104 Label content.
The following data and information must be on the label of all
products for which regulations have been published under this part:
(a) The term ``Noise Rating'' if the product produces noise, or the
term ``Noise Reduction Rating'' if the product reduces noise;
(b) The acoustic rating descriptor that is determined according to
procedures specified in the regulations that will be published under
this part;
(c) Comparative acoustic rating information, which EPA will specify
in the regulations published under this part;
(d) A product manufacturer identification consisting of: (1) The
Company name, and (2) The City and State of the principal office;
(e) A product model number or type identification;
(f) The phrase ``Federal law prohibits removal of this label prior
to purchase'';
(g) The U.S. Environmental Protection Agency logo, as shown in
Figure 1;
(h) The phrase ``Label Required by U.S. EPA regulation 40 CFR part
211, subpart ------.''
[GRAPHIC] [TIFF OMITTED] TC01FE92.055
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.105]
[Page 162-163]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.105 Label format.
(a) Unless specified otherwise in other regulations published under
this part, the format of the label must be as shown in Figure 2. The
label must include all data and information required under Sec. 211.104.
[[Page 163]]
[GRAPHIC] [TIFF OMITTED] TC01FE92.056
(b) Unless EPA specifies otherwise in regulations published under
this part, the required data and information specified in Sec. 211.104
(a) through (h) must be located in the following areas of the prescribed
label (see Figure 2 of this section):
(1) Section 211.104 (a)--Area A.
(2) Section 211.104 (b)--Area B.
(3) Section 211.104 (c)--Area C.
(4) Section 211.104 (d)--Area D.
(5) Section 211.104 (e)--Area E.
(6) Section 211.104 (f)--Area F.
(7) Section 211.104 (g)--Area G.
(8) Section 211.104 (h)--Area H.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.106]
[Page 163]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.106 Graphical requirements.
(a) Color. Unless EPA requires otherwise, the product manufacturer
or supplier must determine the colors used for the label background,
borders, and all included letters, numerals, and figures. However, the
colors on the label must contrast sufficiently with each other and with
any information or material surrounding the label so that the label and
the information within it are clearly visible and legible.
(b) Label Size. The prescribed label must be sized as specified in
regulations published under this part.
(c) Character Style. Except when specified otherwise in this part,
all letters and numerals that appear on the prescribed label must be
Helvetica Medium.
(d) Character Size. All letters and numerals that appear on the
prescribed label must be sized as specified in regulations published
under this part.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.107]
[Page 163]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.107 Label type and location.
The prescribed label must be of the type and in the location
specified in regulations published under this part.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.108]
[Page 163-164]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.108 Sample label.
Examples of labels conforming to the requirements of Secs. 211.104,
211.105, and 211.106 are presented in Figure 3.
[[Page 164]]
[GRAPHIC] [TIFF OMITTED] TC01FE92.057
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.109]
[Page 164-165]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.109 Inspection and monitoring.
(a) Any inspecting or monitoring activities that EPA conducts under
this part with respect to the requirements set out in regulations
published under this part, will be for the purpose of determining:
(1) Whether test products are being selected and prepared for
testing in accordance with the provisions of the regulations;
(2) Whether test product testing is being conducted according to the
provisions of those regulations; and
(3) Whether products that are being produced and distributed into
commerce comply with the provisions of those regulations.
(b) The Director of the Noise Enforcement Division may request that
a manufacturer who is subject to this part admit an EPA Enforcement
Officer during operating hours to any of the following:
(1) Any facility or site where any product to be distributed into
commerce is manufactured, assembled, or stored;
(2) Any facility or site where the manufacturer performed or
performs any tests conducted under this part or any procedures or
activities connected with those tests;
(3) Any facility or site where any test product is located.
(c)(1) Once an EPA Enforcement Officer has been admitted to a
facility or site, that officer will not be authorized to do more than
the following:
(i) Inspect and monitor the manufacture and assembly, selection,
storage, preconditioning, noise testing, and maintenance of test
products, and to verify the correlation or calibration of test
equipment;
(ii) Inspect products before they are distributed in commerce;
(iii) Inspect and make copies of any records, reports, documents, or
information that the manufacturer must maintain or provide to the
Administrator under the Act or under any provision of this part;
(iv) Inspect and photograph any part or aspect of any product and
any components used in manufacturing the product that is reasonably
related to the purpose of this entry; and
(v) Obtain from those in charge of the facility or site any
reasonable assistance that he may request to enable him to carry out any
function listed in this section.
(2) The provisions of this section apply whether the facility or
site is owned or controlled by the manufacturer, or by someone who acts
for the manufacturer.
(d) For the purposes of this section:
(1) An ``EPA Enforcement Officer'' is an employee of the EPA Office
of Enforcement. When he arrives at a facility or site, he must display
the credentials that identify him as an employee of the EPA and a letter
signed by the Director of the Noise Enforcement Division designating him
to make the inspection.
[[Page 165]]
(2) Where test product storage areas or facilities are concerned,
``operating hours'' means all times during which personnel, other than
custodial personnel, are at work in the vicinity of the area or facility
and have access to it.
(3) Where other facilities or areas are concerned, ``operating
hours'' means all times during which products are being manufactured or
assembled; or all times during which products are being tested or
maintained; or records are being compiled; or when any other procedure
or activity related to labeling, selective enforcement auditing, or
product manufacture or assembly being carried out.
(4) ``Reasonable assistance'' means providing timely and
unobstructed access to test products or to products and records that are
required by this part, and the means for copying those records or the
opportunity to test the test products.
(e) The manufacturer must admit an EPA Enforcement Officer who
presents a warrant authorizing entry to a facility or site. If the EPA
officer does not have the warrant, he may enter a facility or site only
if the manufacturer consents.
(1) It is not a violation of this regulation or the Act if anyone
refuses to allow an officer without a warrant to enter the site.
(2) The Administrator or his designee may proceed ex parte (without
the other party's knowledge) to obtain a warrant whether or not the
manufacturer has refused entry to an EPA Enforcement Officer.
(Secs. 11 and 13, Pub. L. 92-574, 86 Stat. 1242, 1244 (42 U.S.C. 4910,
4912))
[44 FR 56127, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.110-1]
[Page 165]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.110-1 Testing exemption.
(a) A new product intended to be used solely for research,
investigations, studies, demonstrations or training, and so labeled or
marked on the outside of the container and on the produce itself, shall
be exempt from the prohibitions of sections 10(a), (1), (2), (3), and
(5) of the Act.
(b) No request for a testing exemption is required.
(c) For purposes of section 11(d) of the Act, any testing exemption
shall be void ab initio with respect to each new product, originally
intended for research, investigations, studies, demonstrations, or
training, but distributed in commerce for other uses.
[47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.110-2]
[Page 165]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.110-2 National security exemptions.
(a) A new product which is produced to conform with specifications
developed by national security agency, and so labeled or marked on the
outside of the container and on the product itself, shall be exempt from
the prohibitions of sections 10(a), (1), (2), (3), and (5) of the Act.
(b) No request for a national security exemption is required.
(c) For purposes of section 11(d) of the Act, any national security
exemption shall be void ab initio with respect to each new product,
originally intended for a national security agency, but distributed in
commerce for other uses.
[47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.110-3]
[Page 165]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.110-3 Export exemptions.
(a) A new product intended solely for export, and which has
satisfied the requirements of other applicable regulations of this part,
will be exempt from the prohibitions of section 10(a) (3) and (4) of the
Act.
(b) Requests for an export exemption are not required.
(c) For purposes of section 11(d) of the Noise Control Act, the
Administrator may consider any export exemption under section 10(b)(2)
void from the beginning if a new product, intended only for export, is
distributed in commerce in the United States.
(Sec. 10(b)(2), Pub. L. 92-574, 86 Stat. 1242 (42 U.S.C. 4909(b)(2)))
[44 FR 56127, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.111]
[Page 165-166]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart A--General Provisions
Sec. 211.111 Testing by the Administrator.
(a)(1) To determine whether products conform to applicable
regulations under this part, the Administrator may require that any
product that is to be tested under applicable regulations in this part,
or any other products that
[[Page 166]]
are regulated under this part, be submitted to him, at a place and time
that he designates, to conduct tests on them in accordance with the test
procedures described in the regulations.
(2) The Administrator may specify that he will conduct the testing
at the facility where the manufacturer conducted required testing. The
Administrator will conduct the tests with his own equipment.
(b)(1) If, from the tests conducted by the Administrator, or other
relevant information, the Administrator determines that the test
facility used by the manufacturer(s) does not meet the requirements of
this part for conducting the test required by this part, he will notify
the manufacturer(s) in writing of his determination and the reasons for
it.
(2) After the Administrator has notified the manufacturer, EPA will
not accept any data from the subject test facility for the purposes of
this part, and the Administrator may issue an order to the
manufacturer(s) to cease to distribute in commerce products that come
from the product categories in question. However, any such order shall
be issued only after an opportunity for a hearing. Notification of this
opportunity may be included in a notification under paragraph (b)(1) of
this section. A manufacturer may request that the Administrator grant a
hearing. He must make this request no later than fifteen (15) days (or
any other period the Administrator allows) after the Administrator has
notified the manufacturer that he intends to issue an order to cease to
distribute.
(3) A manufacturer may request in writing that the Administrator
reconsider his determination in paragraph (b)(1) of this section, if he
can provide data or information which indicates that changes have been
made to the test facility, and that those changes have remedied the
reason for disqualification.
(4) The Administrator will notify a manufacturer of his decision
concerning requalifying the test facility within 10 days of the time the
manufacturer requested reconsideration under paragraph (b)(3) of this
section.
(c)(1) The Administrator will assume all reasonable costs associated
with shipment of products to the place designated pursuant to paragraph
(a) of this section, except with respect to:
(i) [Reserved]
(ii) Testing of a reasonable number of products for purposes of
compliance audit testing under the Section titled Compliance Audit
Testing of the product-specific Subpart, or if the manufacturer has
failed to establish that there is a correlation between his test
facility and the EPA test facility or the Administrator has reason to
believe, and provides the manufacturer with a statement or reasons, that
the products to be tested would fail to meet their verification level if
tested at the EPA test facility, but would meet the level if tested at
the manufacturer's test facility;
(iii) Any testing performed during a period when a notice issued
under paragraph (b) of this section, is in effect; and
(iv) Any testing performed at place other than the manufacturer's
facility as a result of the manufacturer's failure to permit the
Administrator to conduct or monitor testing as required by this part.
(Secs. 11 and 13, Pub. L. 92-574, 86 Stat. 1243 (42 U.S.C. 4910, 4912))
[44 FR 56127, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.201]
[Page 166]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.201 Applicability.
Authority: Sec. 8, Pub. L. 92-574, 86 Stat. 1241 (42 U.S.C. 4907),
and additional authority as specified.
Source: 44 FR 56139, Sept. 28, 1979, unless otherwise noted.
Unless this regulation states otherwise, the provisions of this
subpart apply to all hearing protective devices manufactured after the
effective date of this regulation. (See Sec. 211.203(m) for definition
of ``hearing protective device.'')
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.202]
[Page 166-167]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.202 Effective date.
Manufacturers of hearing protectors must comply with the
requirements set
[[Page 167]]
forth in this part for all hearing protective devices manufactured on or
after September 27, 1980.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.203]
[Page 167-168]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.203 Definitions.
(a) As used in subpart B, all terms not defined here have the
meaning given them in the Act or in subpart A of Part 211.
(b) ANSI Z24.22-1957. A measurement procedure published by the
American National Standards Institute (ANSI) for obtaining hearing
protector attenuation values at nine of the one-third octave band center
frequencies by using pure tone stimuli presented to ten different test
subjects under anechoic conditions.
(c) ANSI S3.19-1974. A revision of the ANSI Z24.22-1957 measurement
procedure using one-third octave band stimuli presented under diffuse
(reverberant) acoustic field conditions.
(d) Carrying Case. The container used to store reusable hearing
protectors.
(e) Category. A group of hearing protectors which are identical in
all aspects to the parameters listed in Sec. 211.210-2(c).
(f) Claim. An assertion made by a manufacturer regarding the
effectiveness of his product.
(g) Custom-molded device. A hearing protective device that is made
to conform to a specific ear canal. This is usually accomplished by
using a moldable compound to obtain an impression of the ear and ear
canal. The compound is subsequently permanently hardened to retain this
shape.
(h) Dispenser. The permanent (intended to be refilled) or disposable
(discarded when empty) container designed to hold more than one complete
set of hearing protector(s) for the express purpose of display to
promote sale or display to promote use or both.
(i) Disposable Device. A hearing protective device that is intended
to be discarded after one period of use.
(j) Ear Insert Device. A hearing protective device that is designed
to be inserted into the ear canal, and to be held in place principally
by virtue of its fit inside the ear canal.
(k) Ear Muff Device. A hearing protective device that consists of
two acoustic enclosures which fit over the ears and which are held in
place by a spring-like headband to which the enclosures are attached.
(l) Headband. The component of hearing protective device which
applies force to, and holds in place on the head, the component which is
intended to acoustically seal the ear canal.
(m) Hearing Protective Device. Any device or material, capable of
being worn on the head or in the ear canal, that is sold wholly or in
part on the basis of its ability to reduce the level of sound entering
the ear. This includes devices of which hearing protection may not be
the primary function, but which are nonetheless sold partially as
providing hearing protection to the user. This term is used
interchangeably with the terms, ``hearing protector'' and ``device.''
(n) Impulsive Noise. An acoustic event characterized by very short
rise time and duration.
(o) Label. That item, as described in this regulation, which is
inscribed on, affixed to or appended to a product, its packaging, or
both for the purpose of giving noise reduction effectiveness information
appropriate to the product.
(p) Manufacturer. As stated in the Act ``means any person engaged in
the manufacturing or assembling of new products, or the importing of new
products for resale, or who acts for, and is controlled by, any such
person in connection with the distribution of such products.''
(q) Noise Reduction Rating (NRR). A single number noise reduction
factor in decibels, determined by an empirically derived technique which
takes into account performance variation of protectors in noise reducing
effectiveness due to differing noise spectra, fit variability and the
mean attenuation of test stimuli at the one-third octave band test
frequencies.
(r) Octave Band Attenuation. The amount of sound reduction
determined according to the measurement procedure of Sec. 211.206 for
one-third octave bands of noise.
(s) Over-the-Head Position. The mode of use of a device with a
headband, in which the headband is worn such that it passes over the
user's head. This is contrast to the behind-the-head and under-the-chin
positions.
[[Page 168]]
(t) Package. The container in which a hearing protective device is
presented for purchase or use. The package in some cases may be the same
as the carrying case.
(u) Primary Panel. The surface that is considered to be the front
surface or that surface which is intended for initial viewing at the
point of ultimate sale or the point of distribution for use.
(v) Spectral uncertainty. Possible variation in exposure to the
noise spectra in the workplace. (To avoid the underprotection that would
result from these variations relative to the assumed ``Pink Noise'' used
to determine the NRR, an extra three decibel reduction is included when
computing the NRR.)
(w) Tag. Stiff paper, metal or other hard material that is tied or
otherwise affixed to the packaging of a protector.
(x) Test Facility. For this subpart, a laboratory that has been set
up and calibrated to conduct ANSI Std S3.19-1974 tests on hearing
protective devices. It must meet the applicable requirements of these
regulations.
(y) Test Hearing Protector. A hearing protector that has been
selected for testing to verify the value to be put on the label, or
which has been designated for testing to determine compliance of the
protector with the labeled value.
(z) Test Request. A request submitted to the manufacturer by the
Administrator that will specify the hearing protector category, and test
sample size to be tested according to Sec. 211.212-1, and other
information regarding the audit.
(aa) Random Incident Field. A sound field in which the angle of
arrival of sound at a given point in space is random in time.
(bb) Real-Ear Protection at Threshold. The mean value in decibels of
the occluded threshold of audibility (hearing protector in place) minus
the open threshold of audibility (ears open and uncovered) for all
listeners on all trials under otherwise identical test conditions.
(cc) Reverberation Time. The time that would be required for the
mean-square sound pressure level, originally in a steady state, to fall
60 dB after the source is stopped.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.204]
[Page 168]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.204 Hearing protector labeling requirements.
All provisions of subpart A apply to this subpart except as
otherwise noted.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.204-1]
[Page 168]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.204-1 Information content of primary label.
The information to appear on the primary label must be according to
Sec. 211.104 of subpart A except as stated here and shown in Figure 1 of
Sec. 211.204-2:
(a) Area A must state ``Noise Reduction Rating.''
(b)(1) Area B must state the value of the Noise Reduction Rating
(NRR) in decibels for that model hearing protector. The value stated on
the label must be no greater than the NRR value determined by using the
computation method of Sec. 211.207 of this subpart.
(2) For devices with headbands that are intended for use with the
headband in different positions, the worst case NRR must be specified.
The top of Area B must state the position(s) associated with that NRR.
The other positions and the respective NRRs must be included with the
supporting information specified in Sec. 211.204-4.
(c) Area C must contain the statement ``The range of Noise Reduction
Ratings for existing hearing protectors is approximately 0 to 30 (higher
numbers denote greater effectiveness).''
(d) At the bottom of Area A-B, there must be the phrase ``(When used
as directed).''
[44 FR 56127, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.204-2]
[Page 168-169]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.204-2 Primary label size, print and color.
The primary label characteristics are the same as those specified in
Secs. 211.105 and 211.106 of subpart A except as stated here.
(a) The label must be no smaller than 3.8 centimeters by 5.0
centimeters (cm) (approximately 1.5 inches by 2.0 inches).
(b) The minimum type face size for each area shall be as follows,
based upon a scale of 72 points=1 inch:
(1) Area A--2.8 millimeters (mm) or 8 point.
(2) Area B--7.6 mm or 22 point for the Rating; --1.7 mm or 5 point
for ``Decibels''.
[[Page 169]]
(3) Area A-B--1.5 mm or 4 point.
(4) Area C--1.5 mm or 4 point.
(5) Area D--0.7 mm or 2 point.
(6) Area E--0.7 mm or 2 point.
(7) Area F--0.7 mm or 2 point.
(8) Area H--0.7 mm or 2 point.
These type face sizes apply to the 3.8 cm x 5.0 cm label; type face
sizes for larger labels must be in the same approximate proportion to
the label as those specified for the 3.8 cm x 5.0 cm label.
(c) The use of upper and lower case letters and the general
appearance of the label must be similar to the example in Figure (1).
[GRAPHIC] [TIFF OMITTED] TC01FE92.058
(d) The color of the label must be as specified in subpart A.
[44 FR 56127, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.204-3]
[Page 169]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.204-3 Label location and type.
(a) The manufacturer labeling the product for ultimate sale or use
selects the type of label and must locate it as follows:
(1) Affixed to the device or its carrying case; and
(2) Affixed to primary panel of the product packaging if the label
complying with Sec. 211.204-3(a)(1) is not visible at the point of
ultimate purchase or the point of distribution to users.
(b) Labeling with a minimum sized label will occur as follows:
(1) If the protector is individually packaged and so displayed at
the point of ultimate purchase or distribution to the prospective user,
the package must be labeled as follows:
(i) If the primary panel of the package has dimensions greater than
3.8 x 5.0 cm (approximately 1\1/2\ x 2 in) the label must be
presented on the primary panel.
(ii) If the primary panel of the package is equal to or smaller than
3.8 x 5.0 centimeters, a label at least 3.8 x 5.0 centimeters must
be affixed to the package by means of a tag.
(2) If the protector is displayed at the point of ultimate purchase
or distribution to prospective users in a permanent or disposable bulk
container or dispenser, even if the protector is individually packaged
within the dispenser and labeled as above, the container or dispenser
itself must be labeled. The label must be readily visible to the
ultimate purchaser or prospective user.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.204-4]
[Page 169-170]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.204-4 Supporting information.
The following minimum supporting information must accompany the
device in a manner that insures its availability to the prospective
user. In the case of bulk packaging and dispensing, such supporting
information must be affixed to the bulk container or dispenser in the
same manner as the label, and in a readily visible location.
(a) The mean attenuation and standard deviation values obtained for
each test frequency according to Sec. 211.206, and the NRR calculated
from those values. For ``muff'' type protectors with various use
positions, the positions providing higher NRR values shall be
identified, and their associated NRR values listed in bold type.
(b) The following statement, example and cautionary note: ``The
level of noise entering a person's ear, when hearing protector is worn
as directed, is closely approximated by the difference between the A-
weighted environmental noise level and the NRR.
Example
1. The environmental noise level as measured at the ear is 92 dBA.
2. The NRR is (value on label) decibels (dB).
3. The level of noise entering the ear is approximately equal to [92
dB(A)--NRR] dB(A).
Caution: For noise environments dominated by frequencies below 500
Hz the C-weighted environmental noise level should be used.''
[[Page 170]]
(c) The month and year of production, which may be in the form of a
serial number or a code in those instances where the records specified
in Sec. 211.209(a)(1)(iv) are maintained;
(d) The following statement: ``Improper fit of this device will
reduce its effectiveness in attenuating noise. Consult the enclosed
instructions for proper fit'';
(e) Instructions as to the proper insertion or placement of the
device; and
(f) The following statement: ``Although hearing protectors can be
recommended for protection against the harmful effects of impulsive
noise, the Noise Reduction Rating (NRR) is based on the attenuation of
continuous noise and may not be an accurate indicator of the protection
attainable against impulsive noise such as gunfire.''
[44 FR 56127, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.205]
[Page 170]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.205 Special claims.
(a) Any manufacturer wishing to make claims regarding the acoustic
effectiveness of a device, other than the Noise Reduction Rating, must
be prepared to demonstrate the validity of such claims.
(b) [Reserved]
[44 FR 56139, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.206]
[Page 170]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.206 Methods for measurement of sound attenuation.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.206-1]
[Page 170]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.206-1 Real ear method.
(a) The value of sound attenuation to be used in the calculation of
the Noise Reduction Rating must be determined according to the ``Method
for the Measurement of Real-Ear Protection of Hearing Protectors and
Physical Attenuation of Earmuffs.'' This standard is approved as the
American National Standards Institute Standard (ANSI STD) S3.19-1974.
The provisions of this standard, with the modifications indicated below,
are included by reference in this section. Copies of this standard may
be obtained from: American National Standards Institute, Sales
Department, 1430 Broadway, New York, New York 10018.
(b) For the purpose of this subpart only, sections 1, 2, 3 and
appendix A of the standard, as modified below, shall be applicable.
These sections describe the ``Real Ear Method.'' Other portions of the
standard are not applicable in this section.
(1) The sound field characteristics described in paragraph 3.1.1.3
are ``required.''
(2) Sections 3.3.2 and 3.3.3 shall be accomplished in this order
during the same testing session. Any breaks in testing should not allow
the subject to engage in any activity that may cause a Temporary
Threshold Shift.
(3) Section 3.3.3.1(1) shall not apply. Only ``Experimenter fit''
described in Section 3.3.3.1(2) is permitted.
(4) Section 3.3.3.3 applies to all devices except custom-molded
devices. When testing custom-molded devices, each test subject must
receive his own device molded to fit his ear canal.
[44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.206-2]
[Page 171]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Secs. 211.206-3--211.206-10 Alternative test methods. [Reserved]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.207]
[Page 171-173]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.207 Computation of the noise reduction rating (NRR).
Calculate the NRR for hearing protective devices by substituting the
average attenuation values and standard deviations for the pertinent
protector category for the sample data used in steps 6 and 7 in Figure
2. The values of -.2, 0, 0, 0, -.2, -.8, -3.0 in Step 2 and -16.1, -8.6,
-3.2, 0, +1.2, +1.0, -1.1 in Step 4 of Figure 2 represent the standard
``C''- and ``A''-weighting relative response corrections applied to any
sound levels at the indicated octave band center frequencies. (NOTE: The
manufacturer may label the protector at values lower than indicated by
the test results and this computation procedure, e.g. lower NRR from
lower attenuation values. (Ref. Sec. 211.211(b).)
[[Page 172]]
Figure 2--Computation of the Noise Reduction Rating
Octave band center frequency (Hz)......... 125 250 500 1000 2000 3000 4000 6000 8000
1 Assumed Pink noise (dB)................. 100 100 100 100 100 ....... 100 ........ 100
2 ``C'' weighting corrections (dB)........ -.2 0 0 0 -.2 ....... -.8 ........ -3.0
3 Unprotected ear ``C''-weighted level
(dB)..................................... 99.8 100 100 100 99.8 ....... 99.2 ........ 97.0
(The seven logarithmically added ``C''-
weighted sound pressure levels of Step 3
equal;107.9 dS)
4 ``A''-weighting corrections (dB)........ -16.1 -8.6 -3.2 0 +1.2 ....... +1.0 ........ -1.1
5 Unprotected ear ``A''-weighted level
(step <greek-i>1-step <greek-i>4) (dB)... 83.9 91.4 96.8 100 101.2 ....... 101 ........ 98.9
6 Average attenuation in dB at frequency.. 21 22 23 29 41 ....... (43+47)/2=45 ........ (41+36)/2=38.5
7 Standard deviation in dB at frequency... 3.7 3.3 3.8 4.7 3.3 ....... (3.3+3.4)=6.7 ........ (6.1+6.5)=12.6
x 2 x 2 x 2 x 2 x 2 ....... .................. ........ ....................
--------------------------------------------------
7.4 6.6 7.6 9.4 6.6 ....... .................. ........ ....................
8 Step <greek-i>5-(step <greek-i>6-step
<greek-i>7) develops the protected ear
``A'' weighted levels (dB)............... 70.3 76.0 81.4 80.4 66.8 ....... 62.7 ........ 73.0
(The seven logarithmically added ``A''-
weighted sound pressure levels of Step
<greek-i>8 using this sample data=85.1
dB)
9 NRR=Step <greek-i>3--Step <greek-i>8--3 dB*; =107.9 dB--85.1 dB--3 dB*; =19.8 dB (or 20) (Round values ending in .5 to next lower whole number).
*Spectral uncertainty (as defined in Sec. 211.203).
[[Page 173]]
The value for 3 is constant. Use Logarithmic mathematics to determine
the combined value of protected ear levels (Step 8) which is used in
Step 9 to exactly derive the NRR; or use the following table as a
substitute for logarithmic mathematics to determine the value of Step 8
and thus very closely approximate the NRR.
------------------------------------------------------------------------
Add this
level to
Difference between any two sound pressure levels being the higher
combined (dB) of the two
levels (dB)
------------------------------------------------------------------------
0 to less than 1.5......................................... 3
1.5 to less than 4.5....................................... 2
4.5 to 9................................................... 1
Greater than 9............................................. 0
------------------------------------------------------------------------
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.208]
[Page 173]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.208 Export provisions.
(a) The outside of each package or container containing a hearing
protective device intended solely for export must be so labeled or
marked. This will include all packages or containers that are used for
shipping, transporting, or dispersing the hearing protective device
along with any individual packaging.
(b) In addition, the manufacturer of a hearing protective device
intended solely for export is subject to the export exemption
requirements of Sec. 211.110-3 of subpart A.
(Sec. 10(b)(2), Pub. L. 92-574, 86 Stat. 1242 (42 U.S.C. 4909(b)(2)))
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.210-1]
[Page 173]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.210-1 General requirements.
(a) Every hearing protector manufactured for distribution in
commerce in the United States, and which is subject to this regulation:
(1) Must be labeled at the point of ultimate purchase or
distribution to the prospective user according to the requirements of
Sec. 211.204 of this subpart; and
(2) Must meet or exceed the mean attenuation values determined by
the procedure in Sec. 211.206 and explained in Sec. 211.211(b).
(b) Manufacturers who distribute protectors in commerce to another
manufacturer for packaging for ultimate purchase or use must provide to
that manufacturer the mean attenuation values and standard deviations at
each of the one-third octave band center frequencies as determined by
the test procedure in Sec. 211.206. He must also provide the Noise
Reduction Rating calculated according to Sec. 211.207.
(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980; 47
FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.210-2]
[Page 173-174]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.210-2 Labeling requirements.
(a)(1) A manufacturer responsible for labeling must satisfy the
requirements of this subpart for a category of hearing protectors before
distributing that category of hearing protectors in commerce.
(2) A manufacturer may apply to the Administrator for an extension
of time to comply with the labeling requirements for a category of
protectors before he distributes any protectors in commerce. The
Administrator may grant the manufacturer an extension of up to 20 days
from the date of distribution. The manufacturer must provide reasonable
assurance that the protectors equal or exceed their mean attenuation
values, and that labeling requirements will be satisfied before the
extension expires. Requests for extension should go to the
Administrator, U.S. Environment Protection Agency, Washington, DC 20460.
The Administrator must respond to a request within 2 business days.
Responses may be either written or oral.
(3) A manufacturer, receiving hearing protectors through the chain
of distribution that were labeled by a previous manufacturer, may use
that previous manufacturer's data when labeling the protectors for
ultimate sale or use, but is responsible for the accuracy of the
information on the label. The manufacturer may elect to retest the
protectors.
(b) Labeling requirements regarding each hearing protector category
in a manufacturer's product line consist of:
(1) Testing hearing protectors according to Sec. 211.206 and the
hearing protectors must have been assembled by the manufacturer's normal
production process; and it must have been intended for distribution in
commerce.
(c) Each category of hearing protectors is determined by the
combination
[[Page 174]]
of at least the following parameters. Manufacturers may use additional
parameters as needed to create and identify additional categories of
protectors.
(1) Ear muffs. (i) Head band tension (spring constant);
(ii) Ear cup volume or shape;
(iii) Mounting of ear cup on head band;
(iv) Ear cushion;
(v) Material composition.
(2) Ear inserts. (i) Shape;
(ii) Material composition.
(3) Ear caps. (i) Head band tension (spring constant);
(ii) Mounting of plug on head band;
(iii) Shape of plug;
(iv) Material composition.
If an ear insert or ear cap is manufactured in more than one size
(small, medium, large, etc.) each size does not constitute a separate
category and is not required to be separately label verified. However,
each size must be used when conducting the required test to determine
the labeled values for the specified category.
[44 FR 56139, Sept. 28, 1979, as amended at 47 FR 57717, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.211]
[Page 174]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.211 Compliance with labeling requirement.
(a) All hearing protective devices manufactured after the effective
date of this regulation, and meeting the applicability requirements of
Sec. 211.201, must be labeled according to this subpart, and must comply
with the Labeled Values of mean attenuation.
(b) A manufacturer must take into account both product variability
and test-to-test variability when labeling his devices in order to meet
the requirements of paragraph (a) of this section. A specific category
is considered when the attenuation value at the tested one-third octave
band is equal to or greater than the Labeled Value, or mean attenuation
value, stated in the supporting information required by Sec. 211.204-4,
for that tested frequency. The attenuation value must be determined
according to the test procedures of Sec. 211.206. The Noise Reduction
Rating for the label must be calculated using the Labeled Values of mean
attenuation that will be included in the supporting information required
by Sec. 211.204-4.
[47 FR 57717, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212]
[Page 174]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212 Compliance audit testing.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-1]
[Page 174-175]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-1 Test request.
(a) The Administrator will request all testing under this section by
means of a test request addressed to the manufacturer.
(b) The test request will be signed by the Assistant Administrator
for Enforcement or his designee. The test request will be delivered by
an EPA Enforcement Officer or sent by certified mail to the plant
manager or other responsible official as designated by the manufacturer.
(c) In the test request, the Administrator must specify the
following:
(1) The hearing protector category selected for testing;
(2) The manufacturer's plant or storage facility from which the
protectors must be selected;
(3) The selection procedure the manufacturer will use to select test
protectors;
(4) The test facility where the manufacturer is required to have the
protectors tested;
(5) The number of protectors to be forwarded to the designated test
facility and the number of those protectors which must be tested by the
facility.
(6) The time period allowed for the manufacturer to initiate
testing; and
(7) Any other information that will be necessary to conduct testing
under this section.
(d) The test request may provide for situations in which the
selected category is unavailable for testing. It may include an
alternative category to be selected for testing in the event that
protectors of the first specified category are not available because the
protectors are not being manufactured at the specified plant, at the
specified time, and are not being stored at the specified plant or
storage facility.
(e)(1) Any testing conducted by the manufacturer under a test
request must commence within the period specified within the test
request. The Administrator may extend the time period on request by the
manufacturer, if
[[Page 175]]
a test facility is not available to conduct the testing.
(2) The manufacturer must complete the required testing within one
week following commencement of the testing.
(3) The manufacturer will be allowed 1 calendar week to send test
hearing protectors from the assembly plant to the testing facility. The
Administrator may approve more time based upon a request by the
manufacturer. The request must be accompanied by a satisfactory
justification.
(f) Failure to comply with any of the requirements of this section
will not be considered a violation of these regulations if conditions
and circumstances outside the control of the manufacturer render it
impossible for him to comply. These conditions and circumstances
include, but are not limited to, the temporary unavailability of
equipment and personnel needed to conduct the required tests. The
manufacturer bears the burden of establishing the presence of the
conditions and circumstances.
(Sec. 13. Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980; 47
FR 57717, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-2]
[Page 175]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-2 Test hearing protector selection.
(a) The test request will specify the number of test protectors
which will be selected for testing from the number of protectors
delivered to the test facility in accordance with Sec. 211.212-1(c)(5).
The remainder may be used as replacement protectors if replacement is
necessary. The test request will also specify that the protectors be
selected from the next batch scheduled for production after receipt of
the test request.
(b) If random selection is specified, it must be achieved by
sequentially numbering all the protectors in the group and then using a
table of random numbers to select the test hearing protectors. The
manufacturer may use an alternative random selection plan when it is
approved by the Administrator.
(c) Each test protector of the category selected for testing must
have been assembled, by the manufacturer, for distribution in commerce
using the manufacturer's normal production process.
(d) At their discretion, EPA Enforcement Officers, rather than the
manufacturer, may select the protectors designated in the test request.
(e) The manufacturer must keep on hand the test protectors
designated for testing until such time as the category is determined to
be in compliance. Hearing protectors actually tested and found to be in
compliance with these regulations may be distributed in commerce.
(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-3]
[Page 175]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-3 Test hearing protector preparation.
The manufacturer must select the test hearing protector according to
Sec. 211.212-2 before the official test, and must comply with the test
protector preparation requirements described in this subpart:
(a) A test hearing protector selected according to Sec. 211.212-2
must not be tested, modified, or adjusted in any manner before the
official test unless the adjustments, modifications and/or tests are
part of the manufacturer's prescribed manufacturing and inspection
procedures.
(b) Quality controls, testing, assembly or selection procedures must
not be, used on the completed protector or any portion of the protector,
including parts, that will not normally be used during the production
and assembly of all other protectors of that category to be distributed
in commerce.
[47 FR 57717, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-4]
[Page 175-176]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-4 Testing procedures.
(a) The manufacturer must conduct one valid test according to the
test procedures specified in Sec. 211.206 for each hearing protector
selected for testing under Sec. 211.212-2.
(b) The manufacturer must not repair or adjust the test hearing
protectors once compliance testing has been initiated. In the event a
hearing protector is unable to complete the test, the manufacturer may
replace the protector. Any replacement protector will be
[[Page 176]]
of the same category as the protector being replaced. It will be
selected from the remaining designated test protectors and will be
subject to all the provisions of these regulations. Any replacement and
the reason for replacement must be reported in the compliance audit test
report.
(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-5]
[Page 176]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-5 Reporting of test results.
(a)(1) The manufacturer must submit to the Administrator a copy of
the Compliance Audit Test report for all testing conducted under
Sec. 211.212. It must be submitted within 5 days after completion of
testing. A suggested compliance audit test report form is included as
appendix B.
(2) The manufacturer must provide the following test information:
(i) Category identification;
(ii) Production date, and model of hearing protector;
(iii) The name and location of the test facility used;
(iv) The completed data sheet in the form specified for all tests
including, for each invalid test, the reason for invalidation; and
(v) The reason for the replacement where a replacement protector was
necessary.
(3) The manufacturer must provide the following statement and
endorsement:
This report is submitted under section 8 and section 13 of the Noise
Control Act of 1972. All testing, for which data are reported here, was
conducted in strict conformance with applicable regulations under 40 CFR
Part 211 et seq. All the data reported are true and accurate
representations of this testing. All other information reported here is,
to the best of (company name) and (test laboratory name) knowledge, true
and accurate. I am aware of the penalties associated with violation of
the Noise Control Act of 1972 and the regulations published under it.
(authorized representative)
If the testing is conducted by an outside laboratory the manufacturer
must require an authorized representative of the laboratory to cosign
both the statement and the endorsement.
(b) In the case where an EPA Enforcement Officer is present during
testing required by this subpart, the written reports required in
paragraph (a) of this section may be given directly to the Enforcement
Officer.
(c) The reporting requirements of this regulation will no longer be
effective after five (5) years from the date of publication; however,
the requirements will remain in effect if the Administrator is taking
appropriate steps to repromulgate or modify the reporting requirements
at that time.
(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-6]
[Page 176]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-6 Determination of compliance.
(a) A category will be in compliance with these requirements if the
results of the test conducted under the test request show that:
(1) The mean attenuation value, at each one-third octave band center
frequency as determined from the Compliance Audit Test values plus 3
dB(A), is equal to or greater than the mean attenuation value at the
same one-third octave band as stated in the Supporting Information
required by Sec. 211.204-4; and
(2) The Noise Reduction Rating, when calculated from the mean
attenuation values determined by Compliance Audit Testing, equals or
exceeds the Noise Reduction Rating as stated on the label required by
Sec. 211.204.
(b) If a category is not in compliance, as determined in paragraph
(a) of this section, the manufacturer must satisfy the continued testing
requirements of Sec. 211.212-7, and the relabeling requirements of
Sec. 211.212-8 before further distributing hearing protectors of that
category in commerce.
(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[44 FR 56139, Sept. 28, 1979, as amended at 47 FR 57717, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-7]
[Page 176-177]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-7 Continued compliance testing.
If a category is not in compliance as determined under Sec. 211.212-
6, the manufacturer must satisfy the requirements of paragraph (a) or
(b) of this section.
(a) The manufacturer must continue to conduct additional tests until
the mean attenuation values from the last
[[Page 177]]
test at each octave band equal or exceed the lowest attenuation values
obtained from all previous compliance tests.
(b) Upon approval by the Administrator, the manufacturer may relabel
at a lower level in compliance with Sec. 211.212-8 in lieu of testing
under paragraph (a) of this section. The manufacturer must obtain
approval by showing that the relabeled values adequately take into
account results achieved from the Compliance Audit Testing and product
variability. The Administrator is to exercise his discretion in light of
factors including the prior compliance record of the manufacturer, the
adequacy of the proposed new labeling value, the amount of deviation of
test results from the labeled values, and any other relevant
information.
(c) When the manufacturer can show that the non-compliance under
Sec. 211.212-6 was caused by a quality control failure and that the
failure has been remedied, he may, with the Administrator's approval,
conduct an additional test and relabel using the mean attenuation values
no higher than those obtained in that test.
(d) The manufacturer may request a hearing on the issue of whether
the compliance audit testing was conducted properly and whether the
criteria for non-compliance in Sec. 211.212-6 have been met; and the
appropriateness or scope of a continued testing order. In the event that
a hearing is requested, the hearing shall begin no later than 15 days
after the date on which the Administrator received the hearing request.
Neither the request for a hearing, nor the fact that a hearing is in
progress, shall affect the responsibility of the manufacturer to
commence and continue testing required by the Administrator pursuant to
paragraph (a) of this section.
(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))
[44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.212-8]
[Page 177]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.212-8 Relabeling requirements.
(a) Any manufacturer who is found to not conform with Sec. 211.212-
6, and who has met the requirement of Sec. 211.212-7, must relabel all
protectors of the specified category already in his possession according
to Sec. 211.211 before distributing them in commerce. The manufacturer
shall relabel at values no greater than any mean attenuation values
received from Compliance Audit Testing. Any manufacturer who proceeds
with Sec. 211.212-7(a) or (b) must relabel his product line with the
lowest mean attenuation value at each octave band received from testing;
or he may take into account product variability under Sec. 211.211(b)
and label with a lower mean attenuation value than the worst case values
obtained from Compliance Audit Testing.
(b) [Reserved]
(Sec. 10(a)(3), Pub. L. 92-574, 86 Stat. 1242 (42 U.S.C. 4909(a)(3)))
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.213]
[Page 177]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.213 Remedial orders for violations of these regulations.
(a) The Administrator may issue an order under section 11(d)(1) of
the Act when any person is in violation of these regulations.
(b) A remedial order will be issued only after the violator has been
notified of the violation and given an opportunity for a hearing
according to section 554 of title 5 of the United States Code.
(c) All costs associated with a remedial order shall be borne by the
violator.
(Sec. 11(d) Pub. L. 92-574, 86 Stat. 1243 (42 U.S.C. 4910(d)))
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR211.214]
[Page 177-178]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 211--PRODUCT NOISE LABELING--Table of Contents
Subpart B--Hearing Protective Devices
Sec. 211.214 Removal of label.
Section 10(a)(4) of the Act prohibits any person from removing,
prior to sale, any label required by this subpart, by either physical
removal or defacing or any other physical act making the label and its
contents not accessible to the ultimate purchaser prior to sale.
(Sec. 10(a)(4), Pub. L. 92-574, 86 Stat. 1242 (42 U.S.C. 4909(a)(4)))
Appendix A to Part 211--Compliance Audit Testing Report
Data Sheet
Company name:__________________________________________________________
Address:_______________________________________________________________
Test laboratory:_______________________________________________________
Address:_______________________________________________________________
Model number of hearing protector:_____________________________________
Category designation:__________________________________________________
[[Page 178]]
Production date:_______________________________________________________
Test Results--Frequency, Mean Attenuation, and Standard Deviation
125____________________________________________________________________
250____________________________________________________________________
500____________________________________________________________________
1000___________________________________________________________________
2000___________________________________________________________________
3150___________________________________________________________________
4000___________________________________________________________________
6300___________________________________________________________________
8000___________________________________________________________________
Noise Reduction Rating:________________________________________________
If replacement hearing protector was necessary to conduct test,
reason for replacement:
This report is submitted under sections 8 and 13 of the Noise
Control Act of 1972. All testing, for which data are reported here, was
conducted in strict conformance with applicable regulations under 40 CFR
Part 211, et seq. All the data reported here are true and accurate
representations of this testing. All other information reported here is,
to the best of (company name) and (test laboratory name) knowledge, true
and accurate. I am aware of the penalties associated with violation of
the Noise Control Act of 1972 and the regulations published under it.
_______________________________________________________________________
(Authorized representative of company)
_______________________________________________________________________
(Authorized representative of test laboratory)
[44 FR 56139, Sept. 28, 1979. Redesignated at 47 FR 57717, Dec. 28,
1982]
[[Page 179]]