§ 77.3 Requirements for certification. The Surgeon General will certify a facility if he determines that such facility is in compliance with the applicable regulations of Federal agencies, if any, the general policies of the United States for cooperation with the States in the prevention and abatement of air pollution under the Act as set forth in § 77.7, and if the applicant complies with all the other requirements of this part. § 77.4 General provisions.

(a) An applicant shall file a separate application in accordance with this part for each facility.

(b) Applications shall be submitted to the National Center for Air Pollution Control, Public Health Service, Washington, D.C. 20201, through the State air pollution control agency.

(c) A copy of each application submitted to a State air pollution control agency shall be forwarded by the applicant to the National Center for Air Pollution Control at the time such application is submitted to the State agency.

(d) An amendment to an application shall be submitted in the same manner as the original application and shall be considered a part of the original application.

(e) No certification will be made by the Surgeon General for any facility prior to the time it is placed into operation and the application, or amended application, in connection with such facility so states.

(f) No certification will be made for any facility unless the application or amended application is accompanied by a certification of the State air pollution control agency in accordance with § 77.6.

(g) If the facility is certified by the Surgeon General, notice of certification will be issued and forwarded to the applicant. If the facility is denied certification, the Surgeon General will advise the applicant in writing of the reasons therefor.

(h) Notice of actions taken under paragraph (g) of this section will be given to the appropriate State air pollution control agency.

§ 77.5 Applications.

Applications for certification under this part shall be submitted on such forms as the Surgeon General may prescribe, shall be signed by the applicant or agent thereof, and, in addition to any other information which the Surgeon

General may reasonably require, shall include the following:

(a) Name, address, and Internal Revenue identifying number of the applicant; (b) Type and narrative description of the facility for which certification is sought, including a copy of schematic or engineering drawings;

(c) Address of facility location;

(d) A general description of the operation in connection with which such facility is used and a description of the specific process or processes whose emissions are controlled by the facility;

(e) Description of the effect of such facility in terms of type and quantity of pollutants or contaminants removed, altered, or disposed of by such facility when plant or process is in full operation;

(f) Identification of the applicable State and local air pollution control requirements and standards;

(g) Date when such facility is placed in operation.

(a) The general policies of the United States for cooperation with the States in the prevention and abatement of air pollution under the Act are to cooperate with and to assist the States and local governments in improving and protecting the Nation's air resources by the prevention and abatement of conditions which cause or contribute to or which are likely to cause or to contribute to air pollution which endangers the health or welfare of any persons.

(b) In determining whether a facility complies with these general policies the Surgeon General will take into consideration the following:

(1) Recommendations issued pursuant to sections 103 (e) and 105 of the Act which are applicable to facilities of the same type and located in the area to which the recommendations are directed.

(2) Whether the facility in operation meets local government requirements for control of air pollution, including emission standards, applicable to the facility.

Pursuant to delegations of authority from the Secretary and Assistant Secretary (Health and Scientific Affairs) the Administrator, Consumer Protection and Environmental Health Service, has the authority to issue and approve regulations and to perform all other functions vested in the Secretary under the Radiation Control for Health and Safety Act of 1968 (Public Law 90-602; 42 U.S.C. 263b et seq.).

§ 78.2 Redelegation of Authority to Commissioner, ECA.

The Administrator, Consumer Protection and Environmental Health Service has redelegated to the Commissioner, Environmental Control Administration, all of the authority under the Act previously delegated to the Administrator and has specified that this authority, except for the authority to issue and ap

prove regulations, may be redelegated with the consent of the Administrator. § 78.3 Redelegation to Director, Bureau of Radiological Health.

The Commissioner, Environmental Control Administration, has delegated to the Director, Bureau of Radiological Health (with the approval of the Administrator, Consumer Protection and Environmental Health Service), all delegable authority under the Act which has been delegated to the Commissioner by the Administrator, except the authority to:

(a) Exempt, under section 358 (a) (5) of the Act, any electronic product intended for use by departments or agencies of the United States from the provisions of section 358 of the Act.

(b) Establish a Technical Electronic Product Radiation Safety Standards Committee under section 358 (f) of the Act and appoint members thereto.

(c) Exempt manufacturers from the notification provisions of or direct manufacturers to notify the persons specified in section 359 (b) of the Act.

(d) Exempt any electronic product or class of electronic product as provided under section 360B (b) of the Act.

(e) Remit or mitigate any civil penalty imposed for violation of the Act as provided in section 360C(b) (2) of the Act. Subpart B- [Reserved] Subpart C-Performance Standards for Electronic Products

AUTHORITY: The provisions of this Subpart C issued under sec. 358, 82 Stat. 1177; 42 U.S.C. 2631.

SOURCE: The provisions of this Subpart C appear at 34 F.R. 20274, Dec. 25, 1969, unless otherwise noted.

standard is in effect under this subpart, shall furnish to the dealer or distributor at the time of delivery of such product, the certification that such product conforms to all applicable standards under this subpart.

(b) The certification shall be in the form of a label or tag permanently affixed to, or inscribed on such product. In the case of products to which it is not feasible to affix or inscribe the label or tag, upon application therefor, the Secretary may approve other means by which a manufacturer may provide the certification required by this section.

(c) Such certification shall be based upon a test, in accordance with the standard, of the individual article to which it is attached or upon a testing program which is in accordance with good manufacturing practices. The Secretary may disapprove such a testing program on the grounds that it does not assure the adequacy of safeguards against hazardous electronic product radiation or that it does not assure that electronic products comply with the standard prescribed under this subpart.

(d) The certification tag or label or inscription shall be located on the product so as to be legible when the product is fully assembled for use.

Every manufacturer of an electronic product to which is applicable a standard under this subpart shall, by a label or tag permanently affixed to or inscribed on such product, set forth:

(a) The full name and address of the manufacturer of the product: Abbreviations such as "Co.," "Inc.," or their foreign equivalents and the first and middle initials of individuals may be used. Where products are sold under a name other than that of the manufacturer of the product, the label may set forth the name of the individual or company under whose name the product was sold, provided such individual or company has previously supplied the Secretary with sufficient information to identify the manufacturer of the product.

(b) The month, year, and place of manufacture: This information may be expressed in code provided the manufacturer has previously supplied the Secretary with the key to such codes.

(c) The tag or label shall be located on the product so as to be legible when the product is fully assembled for use.

§ 78.203

Special test procedures.

The Secretary may, on the basis of a written application by a manufacturer, authorize test programs other than those set forth in the standard for an electronic product if he determines that such products are not susceptible to satisfactory testing by the procedures set forth in the standard and that the alternative test procedures assure compliance with the standard.

§ 78.204 Electronic products intended for export.

The performance standard prescribed in this subpart shall not apply to any electronic product which is intended solely for export if (a) such product and the outside of any shipping container used in the export of such product are labeled or tagged to show that such product is intended for export, and (b) such product meets all the applicable requirements of the country to which such product is intended for export.

§ 78.210

PERFORMANCE STANDARD

Performance standard for television receivers.

(a) Applicability. The provisions of this section are applicable to television receivers manufactured subsequent to January 15, 1970.

(b) Definitions. (1) "External surface" means the cabinet or enclosure provided by the manufacturer as part of the receiver. If a cabinet or enclosure is not provided as part of the receiver, the external surface shall be considered to be a hypothetical cabinet, the plane surfaces of which are located at those minimum distances from the chassis sufficient to enclose all components of the receiver except that portion of the neck and socket of the cathode-ray tube which normally extends beyond the plane surfaces of the enclosure.

(2) "Maximum test voltage" means 130 root mean square volts if the receiver is designed to operate from nominal 110 to 120 root mean square volt power sources. If the receiver is designed to operate from a power source having some voltage other than from nominal 110 to 120 root mean square volts, maximum test voltage means 110 percent of the nominal root mean square voltage specified by the manufacturer for the power source.

(3) "Service controls" means all of those controls on a television receiver

provided by the manufacturer for purposes of adjustment which, under normal usage, are not accessible to the user.

(4) "Television receiver" means an electronic product designed to receive and display a television picture through broadcast, cable, or closed circuit television.

(5) "Usable picture" means a picture in synchronization and transmitting viewable intelligence.

(6) "User controls" means all of those controls on a television receiver, provided by the manufacturer for purposes of adjustment, which on a fully assembled receiver under normal usage, are accessible to the user.

(c) Requirements-(1) Exposure rate limit. Radiation exposure rates produced by a television receiver shall not exceed 0.5 milliroentgens per hour at a distance of five (5) centimeters from any point on the external surface of the receiver, as measured in accordance with this section.

(2) Measurements. Compliance with the exposure rate limit defined in subparagraph (1) of this paragraph shall be determined by measurements made with an instrument, the radiation sensitive volume of which shall have a cross section parallel to the external surface of the receiver with an area of ten (10) square centimeters and no dimension larger than five (5) centimeters. Measurements made with instruments having other areas must be corrected for spatial nonuniformity of the radiation field to obtain the exposure rate average over a ten (10) square centimeter area.

(3) Test conditions. All measurements

shall be made with the receiver displaying a usable picture and with the power source operated at supply voltages up to the maximum text voltage of the receiver and, as applicable, under the following specific conditions:

(i) On television receivers manufactured subsequent to January 15, 1970,measurements shall be made with all user controls adjusted so as to produce maximum x-radiation emissions from the receiver.

(ii) On television receivers manufactured subsequent to June 1, 1970, measurements shall be made with all user controls and all service controls adjusted to combinations which result in the production of maximum x-radiation emissions.

(iii) On teleivsion receivers manufactured subsequent to June 1, 1971, measurements shall be made under the conditions described in subdivision (ii) of this subparagraph, together with conditions identical to those which result from that component or circuit failure which maximizes x-radiation emissions.

(4) Critical component warning. The manufacturer shall permanently affix or inscribe a warning label, clearly legible under conditions of service, on all television receivers which could produce radiation exposure rates in excess of the requirements of this § 78.210 as a result of failure or improper adjustment or improper replacement of a circuit or shield component. The warning label shall include the specification of operating high voltage and an instruction for adjusting the high voltage to the specified value.

Air Quality Control Region. 81.31 Metropolitan Providence Interstate Air Quality Control Region. 81.32 Puget Sound Intrastate Air Quality Control Region.

81.33 Steubenville-Weirton-Wheeling Interstate Air Quality Control Region. 81.34 Metropolitan Dayton Intrastate Air Quality Control Region.

81.35 Louisville Interstate Air Quality Control Region.

81.36 [Reserved] 81.37 Metropolitan Detroit-Port Huron In

trastate Air Quality Control Region. AUTHORITY: The provisions of this Part 81 issued under sections 107(a) and 301(a), 81 Stat. 490, 504; 42 U.S.C. 1857c-2(a), 1857g(a).

SOURCE: The provisions of this Part 81 appear at 33 F.R. 14645, Oct. 1, 1968, unless otherwise noted.

Subpart A-Meaning of Terms

§ 81.12 National Capital Interstate Air Quality Control Region (District of Columbia, Maryland, and Virginia). The National Capital Interstate Air Quality Control Region (District of Columbia, Maryland, and Virginia) consists of the territorial area encompassed by the boundaries of the following jurisdictions (including the territorial area of all municipalities (as defined in section 302(f) of the Clean Air Act, 42 U.S.C. 1857h (f)) geographically located within the outermost boundaries of the area so delimited);

DISTRICT OF COLUMBIA

In the State of Maryland: Montgomery County; Prince Georges County.

In the State of Virginia: Arlington County; Fairfax County; Loudoun County; Prince William County.

(As so delimited, the Virginia portion of the region will include the city of Alexandria, the city of Fairfax, and the city of Falls Church.)

§ 81.13 New Jersey-New York-Connecticut Interstate Air Quality Control Region.

The New Jersey-New York-Connecticut Interstate Air Quality Control Region consists of the territorial area encompassed by the boundaries of the following jurisdictions (including the territorial area of all municipalities (as defined in section 302(f) of the Clean Air Act, 42 U.S.C. 1857h (f)) geographically located within the outermost boundaries of the area so delimited);

In the State of Connecticut: Greenwich Town

Westport Township. Fairfield Township. Easton Township. Bridgeport Town

ship.

Stratford Township. Trumbull Township. Monroe Township. Ridgefield Township. Brookfield Township. New Fairfield Township.