[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR211.203]



[Page 177-178]

 

                   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.  211.203  Definitions.



    (a) As used in subpart B, all terms not defined here have the 

meaning given them in the Act or in subpart A of Part 211.

    (b) ANSI Z24.22-1957. A measurement procedure published by the 

American National Standards Institute (ANSI) for obtaining hearing 

protector attenuation values at nine of the one-third octave band center 

frequencies by using pure tone stimuli presented to ten different test 

subjects under anechoic conditions.

    (c) ANSI S3.19-1974. A revision of the ANSI Z24.22-1957 measurement 

procedure using one-third octave band stimuli presented under diffuse 

(reverberant) acoustic field conditions.

    (d) Carrying Case. The container used to store reusable hearing 

protectors.

    (e) Category. A group of hearing protectors which are identical in 

all aspects to the parameters listed in Sec.  211.210-2(c).

    (f) Claim. An assertion made by a manufacturer regarding the 

effectiveness of his product.

    (g) Custom-molded device. A hearing protective device that is made 

to conform to a specific ear canal. This is usually accomplished by 

using a moldable compound to obtain an impression of the ear and ear 

canal. The compound is subsequently permanently hardened to retain this 

shape.

    (h) Dispenser. The permanent (intended to be refilled) or disposable 

(discarded when empty) container designed to hold more than one complete 

set of hearing protector(s) for the express purpose of display to 

promote sale or display to promote use or both.

    (i) Disposable Device. A hearing protective device that is intended 

to be discarded after one period of use.

    (j) Ear Insert Device. A hearing protective device that is designed 

to be inserted into the ear canal, and to be held in place principally 

by virtue of its fit inside the ear canal.

    (k) Ear Muff Device. A hearing protective device that consists of 

two acoustic enclosures which fit over the ears and which are held in 

place by a spring-like headband to which the enclosures are attached.

    (l) Headband. The component of hearing protective device which 

applies force to, and holds in place on the head, the component which is 

intended to acoustically seal the ear canal.

    (m) Hearing Protective Device. Any device or material, capable of 

being worn on the head or in the ear canal, that is sold wholly or in 

part on the basis of its ability to reduce the level of sound entering 

the ear. This includes devices of which hearing protection may not be 

the primary function, but which are nonetheless sold partially as 

providing hearing protection to the user. This term is used 

interchangeably with the terms, ``hearing protector'' and ``device.''

    (n) Impulsive Noise. An acoustic event characterized by very short 

rise time and duration.

    (o) Label. That item, as described in this regulation, which is 

inscribed on, affixed to or appended to a product, its packaging, or 

both for the purpose of giving noise reduction effectiveness information 

appropriate to the product.

    (p) Manufacturer. As stated in the Act ``means any person engaged in 

the manufacturing or assembling of new products, or the importing of new 

products for resale, or who acts for, and is controlled by, any such 

person in connection with the distribution of such products.''

    (q) Noise Reduction Rating (NRR). A single number noise reduction 

factor in decibels, determined by an empirically derived technique which 

takes into account performance variation of protectors in noise reducing 

effectiveness due to differing noise spectra, fit variability and the 

mean attenuation of test stimuli at the one-third octave band test 

frequencies.

    (r) Octave Band Attenuation. The amount of sound reduction 

determined according to the measurement procedure of Sec.  211.206 for 

one-third octave bands of noise.

    (s) Over-the-Head Position. The mode of use of a device with a 

headband, in which the headband is worn such that it passes over the 

user's head. This is contrast to the behind-the-head and under-the-chin 

positions.



[[Page 178]]



    (t) Package. The container in which a hearing protective device is 

presented for purchase or use. The package in some cases may be the same 

as the carrying case.

    (u) Primary Panel. The surface that is considered to be the front 

surface or that surface which is intended for initial viewing at the 

point of ultimate sale or the point of distribution for use.

    (v) Spectral uncertainty. Possible variation in exposure to the 

noise spectra in the workplace. (To avoid the underprotection that would 

result from these variations relative to the assumed ``Pink Noise'' used 

to determine the NRR, an extra three decibel re duction is included when 

computing the NRR.)

    (w) Tag. Stiff paper, metal or other hard material that is tied or 

otherwise affixed to the packaging of a protector.

    (x) Test Facility. For this subpart, a laboratory that has been set 

up and calibrated to conduct ANSI Std S3.19-1974 tests on hearing 

protective devices. It must meet the applicable requirements of these 

regulations.

    (y) Test Hearing Protector. A hearing protector that has been 

selected for testing to verify the value to be put on the label, or 

which has been designated for testing to determine compliance of the 

protector with the labeled value.

    (z) Test Request. A request submitted to the manufacturer by the 

Administrator that will specify the hearing protector category, and test 

sample size to be tested according to Sec.  211.212-1, and other 

information regarding the audit.

    (aa) Random Incident Field. A sound field in which the angle of 

arrival of sound at a given point in space is random in time.

    (bb) Real-Ear Protection at Threshold. The mean value in decibels of 

the occluded threshold of audibility (hearing protector in place) minus 

the open threshold of audibility (ears open and uncovered) for all 

listeners on all trials under otherwise identical test conditions.

    (cc) Reverberation Time. The time that would be required for the 

mean-square sound pressure level, originally in a steady state, to fall 

60 dB after the source is stopped.