[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: 40CFR211.212-2]

[Page 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. 211.212-2  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]