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42 CFR 84.304

§ 84.304 Capacity test requirements.

United States · 42 CFR — Public Health · Status: effective

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42 CFR 84.304, § 84.304 Capacity test requirements, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/201826
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(a) NIOSH will conduct the capacity test on a total of 8 to 10 of the units submitted for approval, as follows: (1) Three units will be tested on a breathing and metabolic simulator in the condition in which they are received from the applicant; (2) Two units will be tested on a breathing and metabolic simulator after being subjected to the environmental treatments specified in § 84.307 of this subpart; (3) Two units will be tested on a breathing and metabolic simulator at the cold-temperature limit recommended by the manufacturer under § 84.302(h)(1), after the unit has been stored for a minimum of 24 hours at this limit; and (4) One unit, in the condition in which it is received from the applicant, will be tested by a human subject on a treadmill. (5) To approve a CCER for use in coal mines, two units will also be tested by a human subject under the specifications of §§ 84.99 and 84.100 that are applicable to man test 4. (b) The capacity test will begin upon the first inhalation from or exhalation into the unit. (c) Each unit will be tested at a constant work rate, depending on the capacity value specified by the manufacturer, according to the requirements specified in Table 2. All volumes are given at standard temperature (0 C) and pressure (760 mm Hg), dry, unless otherwise noted. (d) NIOSH will rate an approved CCER using the appropriate capacity rating, as specified in Table 2. Table 2—Capacity Test Requirements (e) NIOSH will document the least value achieved by the seven units tested using the breathing and metabolic simulator. NIOSH will quantify this value of achieved capacity within an increment of 5 liters, rounding intermediate values to the nearest lower 5-liter increment.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.