[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR211.203]

[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. 211.203  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 176]]

    (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.