[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: 40CFR211.210-2]



[Page 182]

 

                   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.  211.210-2  Labeling requirements.



    (a)(1) A manufacturer responsible for labeling must satisfy the 

requirements of this subpart for a category of hearing protectors before 

distributing that category of hearing protectors in commerce.

    (2) A manufacturer may apply to the Administrator for an extension 

of time to comply with the labeling requirements for a category of 

protectors before he distributes any protectors in commerce. The 

Administrator may grant the manufacturer an extension of up to 20 days 

from the date of distribution. The manufacturer must provide reasonable 

assurance that the protectors equal or exceed their mean attenuation 

values, and that labeling requirements will be satisfied before the 

extension expires. Requests for extension should go to the 

Administrator, U.S. Environment Protection Agency, Washington, DC 20460. 

The Administrator must respond to a request within 2 business days. 

Responses may be either written or oral.

    (3) A manufacturer, receiving hearing protectors through the chain 

of distribution that were labeled by a previous manufacturer, may use 

that previous manufacturer's data when labeling the protectors for 

ultimate sale or use, but is responsible for the accuracy of the 

information on the label. The manufacturer may elect to retest the 

protectors.

    (b) Labeling requirements regarding each hearing protector category 

in a manufacturer's product line consist of:

    (1) Testing hearing protectors according to Sec.  211.206 and the 

hearing protectors must have been assembled by the manufacturer's normal 

production process; and it must have been intended for distribution in 

commerce.

    (c) Each category of hearing protectors is determined by the 

combination of at least the following parameters. Manufacturers may use 

additional parameters as needed to create and identify additional 

categories of protectors.

    (1) Ear muffs. (i) Head band tension (spring constant);

    (ii) Ear cup volume or shape;

    (iii) Mounting of ear cup on head band;

    (iv) Ear cushion;

    (v) Material composition.

    (2) Ear inserts. (i) Shape;

    (ii) Material composition.

    (3) Ear caps. (i) Head band tension (spring constant);

    (ii) Mounting of plug on head band;

    (iii) Shape of plug;

    (iv) Material composition.



If an ear insert or ear cap is manufactured in more than one size 

(small, medium, large, etc.) each size does not constitute a separate 

category and is not required to be separately label verified. However, 

each size must be used when conducting the required test to determine 

the labeled values for the specified category.



[44 FR 56139, Sept. 28, 1979, as amended at 47 FR 57717, Dec. 28, 1982]