Product Noise Labeling of Hearing Protection Devices (Proposed Rule for Reporting of Test Data Reports)

Forms and Documents

Document Name	Status
2341ss01.doc Supporting Statement A	2009-08-05

IC Document Collections

IC ID	Document Title	Status
190197	Product Noise Labeling of Hearing Protection Devices - Reporting of Test Data Reports	New

ICR Details

OMB Control No: 2060-0712	ICR Reference No: 200908-2060-004
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2341.01
Title: Product Noise Labeling of Hearing Protection Devices (Proposed Rule for Reporting of Test Data Reports)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 10/18/2009
	Date Received in OIRA: 08/05/2009
Terms of Clearance: 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
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 42 USC 4901 et seq Name of Law: Noise Control Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AO25	Proposed rulemaking	74 FR 39150	08/05/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Product Noise Labeling of Hearing Protection Devices - Reporting of Test Data Reports

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $8,866

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/05/2009

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