In accordance
with 5 CFR 1320, OMB is not approving the information collection at
this time. Prior to publication of the final rule, the agency must
submit to OMB a summary of all comments received on the information
collection and any changes made in response to these comments.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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The EPA promulgated the regulation at
40 CFR Part 211, Subpart B, in September 1979 for the labeling of
hearing protection devices (HPD). The said regulation requires all
manufacturers of HPDs, that are entered into commerce in the United
States, to provide the purchaser and ultimate user with information
regarding the products effectiveness in reducing the level of noise
(unwanted sound) entering a user's ears. The regulation requires
that such information be presented on a label(s) that is readily
visible at the point of purchase or distribution to users. The
regulation requires manufacturers to test each product according to
the American National Standards Institute (ANSI) test methodologies
and present the resultant numeric effectiveness rating (i.e., Noise
Reduction Rating (NRR)) on the EPA mandated label. Presently,
manufacturers are required to test their product for the resultant
NRR once prior to entry into commerce and never test the product
again, unless there are substantial changes in the product design
or material. EPA recognizes that "one-time" testing is not suitable
for an industry that is now comprised of HPDs that were not
envisioned at the time the rule was promulgated. Therefore, EPA is
proposing that manufacturers conduct recurrent testing of their
products once, every five (5) years, after the initial transition
test. The manufacturer will be required to submit their test data
report that is obtained from the testing laboratory for each
product or product category, within ten (10) business days of
completion of the required test, in electronic format or via
postage mail to the EPA.
The change in burden is due to
revisions to the said regulation, which is now reinstituting the
reporting requirements of test data reports in an effort to
maintain a level of quality assurance and to keep the industry
honest.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
2341ss01.doc
Product Noise Labeling of Hearing Protection Devices - Reporting of Test Data Reports