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.
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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