[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: 40CFR211.212-7]



[Page 185-186]

 

                   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 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



[[Page 186]]



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]