[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: 40CFR211.210-2]

[Page 181-182]
 
                   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 182]]

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]