[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: 40CFR211.212-6]

[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. 211.212-6  Determination of compliance.

    (a) A category will be in compliance with these requirements if the 
results of the test conducted under the test request show that:
    (1) The mean attenuation value, at each one-third octave band center 
frequency as determined from the Compliance Audit Test values plus 3 
dB(A), is equal to or greater than the mean attenuation value at the 
same one-third octave band as stated in the Supporting Information 
required by Sec. 211.204-4; and
    (2) The Noise Reduction Rating, when calculated from the mean 
attenuation values determined by Compliance Audit Testing, equals or 
exceeds the Noise Reduction Rating as stated on the label required by 
Sec. 211.204.
    (b) If a category is not in compliance, as determined in paragraph 
(a) of this section, the manufacturer must satisfy the continued testing 
requirements of Sec. 211.212-7, and the relabeling requirements of 
Sec. 211.212-8 before further distributing hearing protectors of that 
category 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 47 FR 57717, Dec. 28, 1982]