(c) The month and year of production, which may be in the form of a serial number or a code in those instances where the records specified in § 211.209(a)(1)(iv) are maintained; (d) The following statement: "Improper fit of this device will reduce its effectiveness in attenuating noise. Consult the enclosed instructions for proper fit"; (e) Instructions as to the proper insertion or placement of the device; and (f) The following statement: "Although hearing protectors can be recommended for protection against the harmful effects of impulsive noise, the Noise Reduction Rating (NRR) is based on the attenuation of continuous noise and may not be an accurate indicator of the protection attainable against impulsive noise such as gunfire." [44 FR 56127, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980] (a) The value of sound attenuation to be used in the calculation of the Noise Reduction Rating must be determined according to the "Method for the Measurement of Real-Ear Protection of Hearing Protectors and Physical Attenuation of Earmuffs." This standard is approved as the American National Standards Institute Standard (ANSI STD) S3.19-1974. The provisions of this standard, with the modifications indicated below, are included by reference in this section. Copies of this standard may be obtained from: American National Standards Institute, Sales Department, 1430 Broadway, New York, New York 10018. (b) For the purpose of this subpart only, sections 1, 2, 3 and appendix A of the standard, as modified below, shall be applicable. These sections describe the "Real Ear Method." Other portions of the standard are not applicable in this section. (1) The sound field characteristics described in paragraph 3.1.1.3 are "required." (2) Sections 3.3.2 and 3.3.3 shall be accomplished in this order during the same testing session. Any breaks in testing should not allow the subject to engage in any activity that may cause a Temporary Threshold Shift. (3) Section 3.3.3.1(1) shall not apply. Only "Experimenter fit" described in Section 3.3.3.1(2) is permitted. (4) Section 3.3.3.3 applies to all devices except custom-molded devices. When testing custom-molded devices, each test subject must receive his own device molded to fit his ear canal. [44 FR 56139, Sept. 28, 1979, as amended at 45 FR 8275, Feb. 6, 1980] § 211.206-2 Alternative test data. (a) In lieu of testing according to § 211.206-1, manufacturers may use the latest available test data obtained according to ANSI STD Z24.22-1957 or ANSI STD S3.19-1974 to determine the mean attenuation and standard deviation for each test frequency and the NRR calculated from those values. Manufacturers whose data is based on the ANSI STD Z24.22-1957 measurement procedure must state in the supporting information required by §211.204-4 that the mean attenuation and standard deviation values used to calculate the NRR are based on ANSI STD Z24.221957. (b) Manufacturers who initially use available data based on ANSI STD Z24.22-1957 must retest within one year of the effective date of this regulation (by September 27, 1981) the affected categories of hearing protectors in accordance with § 211.206-1 of the regulation, and must relabel those categories as necessary. (c) Manufacturers who use available data based on ANSI STD S3.19-1974 are not required to retest the affected categories of hearing protectors. (d) If a manufacturer has both ANSI STD S3.19-1974 test data and ANSI STD Z24.22-1957 test data on a hearing protector category, that manufacturer must use the data obtained according to ANSI STD S3.19-1974. [45 FR 8275, Feb. 6, 1980] §§ 211.206-3-211.206-10 Alternative test methods. [Reserved] $211.207 Computation of the noise reduction rating (NRR). Calculate the NRR for hearing protective devices by substituting the average attenuation values and standard deviations for the pertinent protector category for the sample data used in steps #6 and #7 in Figure 2. The values of .2, 0, 0, 0, −.2, —.8, 3.0 in Step 2 and -16.1, -8.6, -3.2, 0, +1.2, +1.0, −1.1 in Step 4 of Figure 2 represent the standard "C" and "A"-weighting relative response corrections applied to any sound levels at the indicated octave band center frequencies. (NOTE: The manufacturer may label the protector at values lower than indicated by the test results and this computation procedure, e.g. lower NRR from lower attenuation values. (Ref. § 211.211(b).) 9 NRR-Step 13-Step 18-3 dB*; =107.9 dB-85.1 dB-3 dB*; 19.8 dB (or 20) (Round values ending in .5 to next lower whole number). *Spectral uncertainty (as defined in § 211.203). § 211.210-1 General requirements. (a) Every hearing protector manufactured for distribution in commerce in the United States, and which is subject to this regulation: (1) Must be labeled at the point of ultimate purchase or distribution to the prospective user according to the requirements of § 211.204 of this subpart; and (2) Must meet or exceed the mean attenuation values determined by the procedure in §211.206 and explained in § 211.211(b). (b) Manufacturers who distribute protectors in commerce to another manufacturer for packaging for ultimate purchase or use must provide to that manufacturer the mean attenuation values and standard deviations at each of the one-third octave band center frequencies as determined by the test procedure in § 211.206. He must also provide the Noise Reduction Rating calculated according to § 211.207. (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; 47 FR 57716, Dec. 28, 1982] $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 com merce. (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 §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. (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] § 211.211 Compliance with labeling requirement. (a) All hearing protective devices manufactured after the effective date of this regulation, and meeting the applicability requirements of $211.201, must be labeled according to this subpart, and must comply with the Labeled Values of mean attenuation. (b) A manufacturer must take into account both product variability and test-to-test variability when labeling his devices in order to meet the requirements of paragraph (a) of this section. A specific category is considered when the attenuation value at the tested one-third octave band is equal to or greater than the Labeled Value, or mean attenuation value, stated in the supporting information required by § 211.204-4, for that tested frequency. The attenuation value must be determined according to the test procedures of § 211.206. The Noise Reduction Rating for the label must be calculated using the Labeled Values of mean attenuation that will be included in the supporting information required by § 211.204 4. [47 FR 57717, Dec. 28, 1982] $211.212 Compliance audit testing. § 211.212-1 Test request. (a) The Administrator will request all testing under this section by means of a test request addressed to the manufacturer. (b) The test request will be signed by the Assistant Administrator for Enforcement or his designee. The test request will be delivered by an EPA Enforcement Officer or sent by certified mail to the plant manager or other responsible official as designated by the manufacturer. (c) In the test request, the Administrator must specify the following: (1) The hearing protector category selected for testing; (2) The manufacturer's plant or storage facility from which the protectors must be selected; (3) The selection procedure the manufacturer will use to select test protectors; (4) The test facility where the manufacturer is required to have the protectors tested; (5) The number of protectors to be forwarded to the designated test facility and the number of those protectors which must be tested by the facility. (6) The time period allowed for the manufacturer to initiate testing; and (7) Any other information that will be necessary to conduct testing under this section. (d) The test request may provide for situations in which the selected category is unavailable for testing. It may include an alternative category to be selected for testing in the event that protectors of the first specified category are not available because the protectors are not being manufactured at the specified plant, at the specified time, and are not being stored at the specified plant or storage facility. (e)(1) Any testing conducted by the manufacturer under a test request must commence within the period specified within the test request. The Administrator may extend the time period on request by the manufacturer, if |