[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: 40CFR211.212-5]



[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.  211.212-5  Reporting of test results.



    (a)(1) The manufacturer must submit to the Administrator a copy of 

the Compliance Audit Test report for all testing conducted under Sec.  

211.212. It must be submitted within 5 days after completion of testing. 

A suggested compliance audit test report form is included as appendix B.

    (2) The manufacturer must provide the following test information:

    (i) Category identification;

    (ii) Production date, and model of hearing protector;

    (iii) The name and location of the test facility used;

    (iv) The completed data sheet in the form specified for all tests 

including, for each invalid test, the reason for invalidation; and

    (v) The reason for the replacement where a replacement protector was 

necessary.

    (3) The manufacturer must provide the following statement and en 

dorsement:



    This report is submitted under section 8 and section 13 of the Noise 

Control Act of



[[Page 185]]



1972. All testing, for which data are reported here, was conducted in 

strict conformance with applicable regulations under 40 CFR Part 211 et 

seq. All the data reported are true and accurate representations of this 

testing. All other information reported here is, to the best of (company 

name) and (test laboratory name) knowledge, true and accurate. I am 

aware of the penalties associated with violation of the Noise Control 

Act of 1972 and the regulations published under it. (authorized 

representative)





If the testing is conducted by an outside laboratory the manufacturer 

must require an authorized representative of the laboratory to cosign 

both the statement and the endorsement.

    (b) In the case where an EPA Enforcement Officer is present during 

testing required by this subpart, the written reports required in 

paragraph (a) of this section may be given directly to the Enforcement 

Officer.

    (c) The reporting requirements of this regulation will no longer be 

effective after five (5) years from the date of publication; however, 

the requirements will remain in effect if the Administrator is taking 

appropriate steps to repromulgate or modify the reporting requirements 

at that time.



(Sec. 13, Pub. L. 92-574, 86 Stat. 1244 (42 U.S.C. 4912))