[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: 40CFR211.212-5]

[Page 184]
 
                   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))