[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: 40CFR211.212-2]



[Page 183-184]

 

                   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.  211.212-2  Test hearing protector selection.



    (a) The test request will specify the number of test protectors 

which will be selected for testing from the number of



[[Page 184]]



protectors delivered to the test facility in accordance with Sec.  

211.212-1(c)(5). The remainder may be used as replacement protectors if 

replacement is necessary. The test request will also specify that the 

protectors be selected from the next batch scheduled for production 

after receipt of the test request.

    (b) If random selection is specified, it must be achieved by 

sequentially numbering all the protectors in the group and then using a 

table of random numbers to select the test hearing protectors. The 

manufacturer may use an alternative random selection plan when it is 

approved by the Administrator.

    (c) Each test protector of the category selected for testing must 

have been assembled, by the manufacturer, for distribution in commerce 

using the manufacturer's normal production process.

    (d) At their discretion, EPA Enforcement Officers, rather than the 

manufacturer, may select the protectors designated in the test request.

    (e) The manufacturer must keep on hand the test protectors 

designated for testing until such time as the category is determined to 

be in compliance. Hearing protectors actually tested and found to be in 

compliance with these regulations may be distributed 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 45 FR 8275, Feb. 6, 1980]