[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: 40CFR211.212-7]

[Page 184-185]
 
                   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. 211.212-7  Continued compliance testing.

    If a category is not in compliance as determined under Sec. 211.212-
6, the manufacturer must satisfy the requirements of paragraph (a) or 
(b) of this section.
    (a) The manufacturer must continue to conduct additional tests until 
the mean attenuation values from the last

[[Page 185]]

test at each octave band equal or exceed the lowest attenuation values 
obtained from all previous compliance tests.
    (b) Upon approval by the Administrator, the manufacturer may relabel 
at a lower level in compliance with Sec. 211.212-8 in lieu of testing 
under paragraph (a) of this section. The manufacturer must obtain 
approval by showing that the relabeled values adequately take into 
account results achieved from the Compliance Audit Testing and product 
variability. The Administrator is to exercise his discretion in light of 
factors including the prior compliance record of the manufacturer, the 
adequacy of the proposed new labeling value, the amount of deviation of 
test results from the labeled values, and any other relevant 
information.
    (c) When the manufacturer can show that the non-compliance under 
Sec. 211.212-6 was caused by a quality control failure and that the 
failure has been remedied, he may, with the Administrator's approval, 
conduct an additional test and relabel using the mean attenuation values 
no higher than those obtained in that test.
    (d) The manufacturer may request a hearing on the issue of whether 
the compliance audit testing was conducted properly and whether the 
criteria for non-compliance in Sec. 211.212-6 have been met; and the 
appropriateness or scope of a continued testing order. In the event that 
a hearing is requested, the hearing shall begin no later than 15 days 
after the date on which the Administrator received the hearing request. 
Neither the request for a hearing, nor the fact that a hearing is in 
progress, shall affect the responsibility of the manufacturer to 
commence and continue testing required by the Administrator pursuant to 
paragraph (a) of this section.

(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]