[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: 40CFR211.212-1]

[Page 182-183]
 
                   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 183]]

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]