[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19787]


[[Page Unknown]]

[Federal Register: August 15, 1994]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1203

 

Proposed Rule: Safety Standard for Bicycle Helmets

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Children's Bicycle Helmet Safety Act of 1994, 
the Commission is proposing a safety standard that would require 
bicycle helmets to meet impact-attenuation and other requirements. In 
addition to requirements derived from one or more of the voluntary 
standards applicable to this product, the proposed standard includes 
requirements specifically applicable to children's helmets and 
requirements to prevent helmets from coming off during an accident.
    The Commission is also proposing testing and recordkeeping 
requirements so it can ensure that helmets subject to the standard meet 
its requirements.

DATES: Comments on the proposal should be submitted no later than 
October 31, 1994.

ADDRESSES: Comments should be mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, D.C. 20207, or 
delivered to the Office of the Secretary, Consumer Product Safety 
Commission, room 502, 4330 East-West Highway, Bethesda, Maryland 20814-
4408, telephone (301) 504-0800.

FOR FURTHER INFORMATION CONTACT: Scott Heh, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, D.C. 20207; telephone (301) 504-0494 ext. 1308.

SUPPLEMENTARY INFORMATION:

A. Background

    The Commission estimates that, on average, one-half million 
bicycle-related injuries are treated annually in U.S. hospital 
emergency rooms. In addition, 1,000 fatalities occur each year, 
according to the National Safety Council. A 1993 Commission study of 
bicycle use and hazard patterns indicated that almost one-third of the 
injuries involved the head and that about 18 percent of bicyclists wear 
helmets.\1\ Published data indicate that, in recent years, almost two-
thirds of all bicycle-related deaths involved head injury.\2\
---------------------------------------------------------------------------

    \1\Gregory B. Rodgers, Deborah K. Tinsworth, Curtis Polen, 
Suzanne Cassidy, Celestine M. Trainor, Scott R. Heh, Mary F. 
Donaldson, ``Bicycle Use and Hazard Patterns in the United States,'' 
U.S. Consumer Product Safety Commission (June 1994).
    \2\Jeffrey J. Sachs, MPH; Patricia Holmgreen, M.S.; Suzanne M. 
Smith, M.D.; and Daniel M. Sosin, M.D., ``Bicycle-Associated Head 
Injuries and Deaths in the United States from 1984 through 1988,'' 
Journal of the American Medical Association 266 (December 1991): 
3016-3018.
---------------------------------------------------------------------------

    Younger children are at particular risk of head injury. The 
Commission's study showed that one-half of the injuries to children 
under the age of 10 involved the head, whereas the head was involved in 
only about one-fifth of the injuries to older children. Children were 
also less likely to have been wearing a helmet at the time of a 
bicycle-related incident than were adults. Research has shown that 
helmets may reduce the risk of head injury to bicyclists by about 85 
percent, and the risk of brain injury by about 88 percent.\3\
---------------------------------------------------------------------------

    \3\Robert S. Thompson, M.D.; Frederic P. Rivara, M.D.; and Diane 
C. Thompson, M.S., ``A Case Control Study of the Effectiveness of 
Bicycle Safety Helmets,'' The New England Journal of Medicine 320 
(May 1989): 1361-1367.
---------------------------------------------------------------------------

    On June 16, 1994, the Children's Bicycle Helmet Safety Act of 1994 
(the ``Act'') was enacted. This Act provides that bicycle helmets 
manufactured more than 9 months from that date shall conform to any of 
the following interim safety standards: (1) The American National 
Standards Institute (ANSI) standard designated as Z90.4-1984, (2) the 
Snell Memorial Foundation standard designated as B-90, (3) the ASTM, 
formerly the American Society for Testing and Materials, standard 
designated as F 1447, or (4) any other standard that the Commission 
determines is appropriate. To date, the Commission has not determined 
that any standard other than the ones specifically mentioned in the Act 
is appropriate as an interim standard. The Act provides that failure to 
conform to an interim standard shall be considered a violation of a 
consumer product safety standard issued under the Consumer Product 
Safety Act (CPSA), 15 U.S.C. 2051-2084.
    The Act also directs the Consumer Product Safety Commission to 
begin a proceeding under 5 U.S.C. 553 to:
    1. review the requirements of the interim standards described above 
and establish a final standard based on such requirements,
    2. include in the final standard a provision to protect against the 
risk of helmets coming off the heads of bicycle riders,
    3. include in the final standard provisions that address the risk 
of injury to children, and
    4. include additional provisions as appropriate.
    The Act provides that the final standard shall take effect 1 year 
from the date it is issued and that the standard shall be considered to 
be a consumer product safety standard issued under the CPSA. However, 
the Act also provides that the provisions of the CPSA regarding 
rulemaking procedure, statutory findings, and judicial review (15 
U.S.C. 2056, 2058, 2060, and 2079(d)) shall not apply to this 
proceeding or to the final standard. When the final standard becomes 
effective, it will replace the interim standards.

B. Proposed Regulation

    The Commission has reviewed the bicycle helmet standards identified 
in the Act (ANSI, ASTM, and Snell, collectively referred to as the 
``current U.S. voluntary bicycle helmet standards''), as well as 
international bicycle helmet standards and draft revisions of the ANSI, 
ASTM, and Snell standards that are currently under consideration. Based 
on this review, the Commission has developed a proposed mandatory 
safety standard for bicycle helmets. When the final safety standard is 
issued, it will be codified as 16 CFR Part 1203.
    The current U.S. voluntary bicycle helmet standards include 
requirements for general construction, labeling, peripheral vision, 
impact attenuation, and dynamic strength of the retention system. The 
requirements proposed for the mandatory standard in each of these 
categories, and additional provisions addressing the risk of helmets 
coming off the heads of bicycle riders and the risk of injury to 
children, are discussed below. The reasons for the major choices made 
by the Commission in creating the proposed rule are noted below. 
Additional reasons are stated in a Commission document, Proposed Safety 
Standard for Bicycle Helmets Authorized by the Children's Bicycle 
Helmet Safety Act of 1994, July 1994, Scott Heh, Project Manager (Tab B 
of Briefing Package).

General Construction

    Section 1203.5 of the proposed mandatory standard includes 
provisions that address general construction characteristics of a 
bicycle helmet. Helmets shall be designed to reduce the acceleration 
forces imparted to the wearer's head by an impact and to remain on the 
wearer's head during impact. Helmets shall be constructed not to be 
harmful or potentially injurious to the wearer. For example, the helmet 
surface shall not have projections that may increase the likelihood of 
injury to the rider during an accident.
    Construction materials shall be resistant to environmental 
conditions that may be reasonably expected during helmet use and 
storage and shall not be harmful to the wearer.

Labeling and Instructions

    Section 1203.6 of the proposed mandatory standard requires certain 
labels on the helmet, which are consistent with all three U.S. 
voluntary standards. These labels provide the model designation and 
warnings regarding the protective limitations of the helmet. The labels 
also provide instructions regarding how to care for the helmet.
    One labeling provision differs among the ANSI, ASTM, and Snell 
standards. ANSI requires the helmet to be labeled, ``This helmet is 
designed only for bicycle use.'' Snell similarly requires the helmet to 
be labeled for bicycle use only. ASTM requires the label, ``Not for 
Motor Vehicle Use.'' Many people seek head protection for recreational 
activities other than bicycling (e.g., roller skating). Helmets are not 
sold specifically for many non-bicycling activities, and a bicycle 
helmet often may be the best available means of head protection. In 
these cases, a person should not be discouraged from using a helmet by 
a label that states ``For Bicycle Use Only.'' Therefore, the ASTM 
label, ``Not for Motor Vehicle Use,'' is proposed for the mandatory 
standard. As discussed in Section H, below, the Commission will be 
considering the issue of multi-activity helmets during the comment 
period on this proposal.
    The proposed mandatory standard also requires that helmets be 
accompanied by fitting and positioning instructions, including graphic 
representation of proper positioning. The proposed mandatory standard 
has performance criteria for the effectiveness of the retention system 
in keeping a helmet on the wearer's head. However, these criteria may 
not be effective if the helmet is not well matched to the wearer's head 
and carefully adjusted to obtain the best fit. Thus, the proposed 
mandatory standard contains the labeling requirement described above to 
help ensure that users will purchase the proper helmet and adjust it 
correctly.
    To avoid damaging the helmet by contacting it with harmful common 
substances, the instructions must contain a list of any known common 
harmful substances and instructions to avoid contact between such 
substances and the helmet.

Peripheral Vision

    Section 1203.14 of the proposed mandatory standard requires that a 
helmet shall allow a field of vision of 105 degrees to both the left 
and right of straight ahead. This requirement is consistent with the 
ANSI, ASTM, and Snell standards.

Impact Attenuation

    The proposed standard measures the ability of the helmet to protect 
the head in a collision by securing the helmet on a headform and 
dropping the helmet/headform assembly from various heights onto a fixed 
steel anvil. ANSI and ASTM specify a 5-kg drop assembly mass for all 
headform sizes. The Snell drop assembly mass may vary from 5 to 6.5 kg. 
There have been discussions recently within the voluntary standards 
organizations about whether the drop assembly mass should change with 
headform size.
    A proposal to scale the drop assembly mass from 3.1 kg for the ISO 
A headform (the smallest headform) to 6.1 kg for the ISO O headform 
(the largest headform) is being considered by the ASTM Headgear 
Subcommittee. One issue that must be considered is that the reduced 
drop assembly mass for the smaller headform sizes precludes the use of 
impact test apparatus that is currently used in the U.S. This is 
because the test limits the mass of the support assembly to no more 
than 25 percent of the mass of the total drop assembly. Allowing the 
use of lighter headforms can reduce the total drop assembly weight to 
the point where the support assembly exceeds the 25 percent limit.
    To permit the use of current test equipment, and to limit the 
possibility that lab-to-lab variability may occur if the drop mass is 
not tightly specified, a constant mass of 5 kg is proposed for the 
mandatory standard. However, the Commission requests comment regarding 
helmet safety benefits that may be achieved by specifying a different 
drop mass for each headform size.
    Under the proposed standard, the helmet is tested with three types 
of anvils (flat, hemispherical, and ``curbstone,'' as shown in Figures 
10, 11 and 12 of the standard). These anvils represent types of 
surfaces that may be encountered in actual riding conditions. 
Instrumentation within the headform records the headform's impact in 
multiples of the acceleration due to gravity (g's). Impact tests are 
performed on different helmets, each of which has been conditioned in 
one of four environments that may be reasonably expected during helmet 
usage and storage. These environments are: ambient (room temperature), 
high temperature (a minimum of 117  deg.F), low temperature (a maximum 
of 9  deg.F), and immersion in water for 4-24 hours.
    The ASTM impact test procedures and criteria are proposed for the 
mandatory standard (Secs. 1203.12(d) and 1203.17). The ASTM test 
conditions are more severe than those specified by ANSI and are likely 
more representative of actual crash conditions than the Snell test 
procedures. Impacts are specified on a flat anvil from a height of 2 
meters and on hemispherical and curbstone anvils from a height of 1.2 
meters. Consistent with the requirements of the ANSI, Snell, and ASTM 
standards, the peak acceleration of any impact shall not exceed 300 g. 
In addition, maximum time limits of 6 ms and 3 ms are specified for the 
duration of the impact at the 200-g and 150-g levels. Thus, the 
proposed standard addresses both the risk of injury presented by an 
``instantaneous'' peak impact and the risk of injury presented if the 
head is subjected to lower level impacts for an excessive length of 
time.
    One deviation from the ANSI, ASTM, and Snell standards that is 
proposed for the mandatory standard is the designation for the area of 
the helmet that must provide impact protection. ANSI, ASTM, and Snell 
specify different extents of required head coverage and different 
procedures for designating the extent of protection. Comparison of the 
three standards shows that the greatest extent of protection can be 
achieved by combining the ANSI and ASTM procedures. ANSI requires more 
coverage than ASTM in some areas of the head, but less than ASTM in 
other areas. For example, while ASTM requires more coverage on the 
front of the head for all headform sizes, ANSI requires more coverage 
at the back of the head on the smaller headform sizes. The procedure 
for defining the extent of protection on a helmet is detailed at 
Sec. 1203.11.

Dynamic Strength of the Retention System

    The dynamic strength of the retention system test addresses the 
strength of the chin strap to ensure against breakage or excessive 
elongation of the strap that may contribute to a helmet coming off the 
head during an accident.
    The ANSI, ASTM, and Snell standards have somewhat different test 
procedures and criteria for the dynamic strength of the retention 
system. Each of the three standards likely provides a suitable test of 
retention system strength. The ASTM specification is proposed for the 
mandatory standard (Sec. 1203.16) and offers the advantage of using the 
same dynamic impact specification that is used for the positional 
stability test.
    The ASTM test requires that the chin strap remain intact and not 
elongate more than 30 mm (1.2 inches) when subjected to a ``shock 
load'' of a 4-kg (8.8-lb) weight falling a distance of 0.6 m (2 ft) 
onto a steel stop anvil (see Figure 8). This test is performed on three 
helmets after each is subjected to one of the different hot, cold, and 
wet environments.
    Additional provisions not addressed in current U.S. voluntary 
bicycle helmet standards.
    1. Positional stability test (roll-off test). Section 1203.15 of 
the proposed mandatory standard specifies a test procedure and 
requirement that are equivalent to those being considered by ASTM and 
Snell for future revisions to their standards. This procedure tests 
retention system effectiveness in preventing a helmet from ``rolling 
off'' a head. The procedure specifies a dynamic impact load of a 4-kg 
(8.8-lb) weight dropped from a height of 0.6 m (2 ft) to impact a steel 
stop anvil. This load is applied to the edge of a helmet that is placed 
on a headform on a support stand (See Figure 7). The helmet fails if it 
comes off the headform during the test.
    2. Extended area of protection for small children. The proposed 
mandatory standard specifies an increased area of head coverage for 
small children that is not currently required in the U.S. voluntary 
standards. A study by Biokinetics & Associates Ltd. found differences 
in anthropometric characteristics between young children's heads and 
older children's and adult heads. This study led to an ASTM proposal to 
change the position of the basic plane (an anthropometric reference 
plane that includes the external ear openings and the bottom edges of 
the eye sockets) on the smallest test headform to be more 
representative of children ages 4 years and under. Section 1203.11(b) 
proposes a revised extent-of-protection requirement for helmets 
intended for children 4 years and under based on the adjusted basic 
plane.

C. Certification and Recordkeeping

    Section 14(a) of the CPSA, 15 U.S.C. 2063(a), requires every 
manufacturer (including importers) and private labeler of a product 
that is subject to a consumer product safety standard to issue a 
certificate that the product conforms to the applicable standard, and 
to base that certificate either on a test of each product or on a 
``reasonable testing program.'' Subpart B of the proposed Safety 
Standard for Bicycle Helmets contains such certification requirements.
    The proposed certification rule requires manufacturers of bicycle 
helmets that are manufactured 1 year after the issue date of the final 
standard to affix permanent labels to the helmets. These labels would 
be the ``certificates'' of compliance, as that term is used in 
Sec. 14(a) of the CPSA and shall state ``Complies with CPSC Safety 
Standard for Bicycle Helmets (16 CFR 1203)''. Certification labels 
shall also provide the name and address of the manufacturer or 
importer, an identification of the production lot, and the month and 
year the product was manufactured. If the label on the bicycle helmet 
is not immediately visible to the ultimate purchaser of the helmet 
prior to purchase because of packaging or other marketing practices, a 
second label that states, ``Complies with CPSC Safety Standard for 
Bicycle Helmets'' must appear on the container or, if the container is 
not visible, on the promotional material used in connection with the 
sale of the bicycle helmet.
    The proposed certification rule requires manufacturers and 
importers to conduct a reasonable testing program to demonstrate that 
their bicycle helmets comply with the requirements of the standard. 
This reasonable testing program may be defined by the manufacturers, 
but must include either the tests prescribed in the standard or any 
other reasonable test procedures that assure compliance with the 
standard.
    The proposed certification rule provides that the required testing 
program test bicycle helmets sampled from each production lot in such a 
manner that there is a reasonable assurance that, if the bicycle 
helmets selected for testing meet the standard, all bicycle helmets in 
the lot will meet the standard.
    Bicycle helmet importers may rely in good faith on the foreign 
manufacturer's certificate of compliance, provided that a reasonable 
testing program has been performed by or for the foreign manufacturer; 
the importer is a U.S. resident, or has a resident agent in the U.S.; 
and the required test records are kept in the U.S.
    In addition, a rule is proposed requiring that every person issuing 
certificates of compliance for bicycle helmets subject to the standard 
shall maintain written records which show that the certificates are 
based on a reasonable testing program. These records shall be 
maintained for a period of at least 3 years from the date of 
certification of the last bicycle helmet in each production lot and 
shall be available to any designated officer or employee of the 
Commission upon request in accordance with Sec. 16(b) of the CPSA, 15 
U.S.C. 2065(b).

D. Regulatory Flexibility Act Certification

    When an agency undertakes a rulemaking proceeding, the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., generally requires the agency to 
prepare proposed and final regulatory flexibility analyses describing 
the impact of the rule on small businesses and other small entities. 
The purpose of the Regulatory Flexibility Act, as stated in Sec. 2(b) 
(5 U.S.C. 602 note), is to require agencies, consistent with their 
objectives, to fit the requirements of regulations to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
the regulations. Section 605 of the Act provides that an agency is not 
required to prepare a regulatory flexibility analysis if the head of an 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities.
    The Commission's Directorate for Economics has prepared a 
preliminary economic assessment of the safety standard for bicycle 
helmets. Based on this assessment, any costs associated with design 
changes to comply with the proposed performance standard would be 
amortized over the course of production, and would be negligible on a 
per-unit basis. Costs associated with testing and monitoring are not 
expected to increase, since the vast majority of manufacturers now use 
third-party certification and will likely continue to use it in the 
future. To the extent that the repeated testing required by the testing 
program required by the proposed certification rule exceeds the amount 
of testing now conducted by some bicycle helmet manufacturers, the 
manufacturers could reduce per-test costs by performing the tests 
themselves, rather than using the third-party testing that is now 
performed.
    The proposed labeling requirements are unlikely to have a 
significant impact on small firms, in that virtually all bicycle 
helmets now bear a permanent label on the inside surface. Industry 
sources report that, given sufficient lead time to modify these labels, 
any increased cost of labeling would be insignificant.
    Accordingly, for the reasons given above, the Commission 
preliminarily concludes that the safety standard for bicycle helmets 
would not have any significant economic effect on a substantial number 
of small entities.

E. Environmental Considerations

    Pursuant to the National Environmental Policy Act, and in 
accordance with the Council on Environmental Quality regulations and 
CPSC procedures for environmental review, the Commission has assessed 
the possible environmental effects associated with the proposed safety 
standard for bicycle helmets.
    The Commission's regulations at 16 CFR 1021.5(c) (1) and (2) state 
that safety standards and product labeling or certification rules for 
consumer products normally have little or no potential for affecting 
the human environment. Preliminary analysis of the potential impact of 
this proposed rule indicates that the requirements of the standard are 
not expected to have a significant effect on the materials used in 
production or packaging, or in the amount of materials discarded due to 
the regulation. Therefore, no significant environmental effects are 
expected to result from the proposed rule. Because the proposed rule 
would have no adverse effect on the environment, neither an 
environmental assessment nor an environmental impact statement is 
required.

F. Multi-Activity Helmets

    There is growing interest within the consumer safety community in 
promoting the development and use of helmets that will adequately 
protect the wearer not only while bicycling, but while participating in 
other nonmotorized recreational activities. The Commission solicits 
comments regarding the feasibility of developing a standard for multi-
activity helmets. If such a helmet standard is feasible, the Commission 
will consider what requirements might be appropriate for inclusion in a 
mandatory standard, so that bicycle helmets, particularly those for 
children, may also be used effectively for other activities. Among the 
issues to be resolved are the appropriate age groups for multi-activity 
protection, which sports might reasonably be within the scope of multi-
activity requirements, and the precise technical requirements that 
would be necessary. The CPSC will host a meeting, currently scheduled 
for 9:30 a.m., September 19, 1994, to discuss this topic. The meeting 
will be at the Commission's Bethesda, Maryland, offices at 4330 East-
West Highway in Room 410.

List of Subjects in 16 CFR Part 1700

    Consumer protection, Bicycles, Infants and children.

    For the reasons given above, the Commission proposes to add a new 
part 1203 of Title 16 of the Code of Federal Regulations, to read as 
follows:

PART 1700--SAFETY STANDARD FOR BICYCLE HELMETS

* * * * *

PART 1203--SAFETY STANDARD FOR BICYCLE HELMETS

Subpart A--The Standard

Sec.
1203.1  Scope and effective date.
1203.2  Purpose.
1203.3  Referenced documents.
1203.4  definitions.
1203.5  Construction requirements.
1203.6  Labeling and instructions.
1203.7  Samples for testing.
1203.8  Conditioning environments.
1203.9  Test headforms.
1203.10  Selecting the test headform.
1203.11  Extent of impact protection-- marking the test line.
1203.12  Test requirements.
1203.13  Test schedule.
1203.14  Peripheral vision test.
1203.15  Positional stability test (roll-off resistance).
1203.16  Dynamic strength of retention system test.
1203.17  Impact attenuation test.

Subpart B--Certification

1203.30  Purpose and scope.
1203.31  Effective date.
1203.32  Definitions.
1203.33  Certification testing.
1203.34  Product certification and labeling by manufacturers 
(including importers).

Subpart C--Recordkeeping

1203.40  Effective date.
1203.41  Recordkeeping requirements.

Appendix to Part 1203--Figures.

    Authority: Subpart A is issued under Secs. 201-207, Pub. L. 103-
267, 108 Stat. 726-729, 15 U.S.C. 6001-6006. Subpart B is issued 
under 15 U.S.C. 2063. Subpart C is issued under 15 U.S.C. 2065(b).

Subpart A--The Standard


Sec. 1203.1  Scope and effective date.

    This standard describes test methods and defines minimum 
performance criteria for protective headgear used by bicyclists. The 
values stated in SI units are the standard. The inch-pound values 
stated in parentheses are for information only. The standard shall 
become effective 1 year after publication of the final rule.


Sec. 1203.2  Purpose.

    The purpose of this standard is to reduce the likelihood of serious 
injury and death to bicyclists resulting from impacts to the head.


Sec. 1203.3  Referenced documents.

    The following documents are referenced in this standard.
    (a) ISO/DIS Standard 6220-1983--Headforms for Use in the Testing of 
Protective Helmets.\1\
---------------------------------------------------------------------------

    \1\Available from American National Standards Institute, 11 W. 
42nd St., 13th Floor, New York, NY 10036.
---------------------------------------------------------------------------

    (b) Federal Motor Vehicle Safety Standard 218, Motorcycle 
Helmets.\2\
---------------------------------------------------------------------------

    \2\Available from the Department of Transportation, National 
Highway Traffic Safety Administration, Office of Vehicle Safety 
Standards, 400 7th St. S.W., Washington D.C. 20590.
---------------------------------------------------------------------------

    (c) SAE Recommended Practice SAE J211 JUN80, Instrumentation for 
Impact Tests.\3\
---------------------------------------------------------------------------

    \3\Available from Society of Automotive Engineers, 400 
Commonwealth Dr., Warrendale, PA 15096.
---------------------------------------------------------------------------


Sec. 1203.4  Definitions.

    (a) Basic plane means an anatomical plane that includes the 
auditory meatuses (the external ear openings) and the inferior orbital 
rims (the bottom edges of the eye sockets). The ISO headforms are 
marked with a plane corresponding to this basic plane (see Figures 1 
and 2).
    (b) Bicycle helmet means any headgear marketed as suitable for 
providing protection from head injuries while riding a bicycle.
    (c) Comfort or fit padding means resilient lining material used to 
configure the helmet for different ranges of head size. This padding 
has no significant effect on impact attenuation.
    (d) Coronal plane is an anatomical plane perpendicular to both the 
basic and midsagittal planes and containing the midpoint of a line 
connecting the right and left auditory meatuses. The ISO headforms are 
marked with a transverse plane corresponding to this coronal plane (see 
Figures 1 and 2).
    (e) Field of vision is the angle of peripheral vision allowed by 
the helmet when positioned on the reference headform.
    (f) Helmet positioning index (HPI) is the vertical distance from 
the brow of the helmet to the basic plane, when placed on a reference 
headform. The size of the headform and the vertical distance shall be 
specified by the manufacturer.
    (g) Midsagittal plane is an anatomical plane perpendicular to the 
basic plane and containing the midpoint of the line connecting the 
notches of the right and left inferior orbital ridges and the midpoint 
of the line connecting the superior rims of the right and left auditory 
meatuses. The ISO headforms are marked with a longitudinal plane 
corresponding to the midsagittal plane (see Figures 1 and 2).
    (h) Modular elastomer programmer (MEP)\4\ is a cylindrical pad used 
as the impact surface for the spherical impactor. The MEP is 152 mm 
(6.0 in.) in diameter, and 25 mm (1.0 in.) thick. It is affixed to the 
top surface of a flat, 6.35 mm (0.25 in.) thick aluminum plate. The 
hardness of the MEP is 60  2 Shore A scale durometer.
---------------------------------------------------------------------------

    \4\Available from Research and Testing Company, 1415 Park Ave., 
Hoboken, NJ 07030.
---------------------------------------------------------------------------

    (i) Preload ballast is a ``bean bag'' filled with lead shot placed 
on the helmet to secure its position on the headform. The mass of the 
preload ballast is 5 kg (11 lb).
    (j) Projection is any part of the helmet, internal or external, 
that extends beyond the faired surface.
    (k) Reference headform is a headform used as a measuring device and 
contoured in the same configuration as one of the test headforms A, E, 
J, M, and O defined in ISO DIS 6220-1983. The reference headform shall 
include surface markings corresponding to the basic, coronal, 
midsagittal, and reference planes (see Figures 1 and 2).
    (l) Reference plane is a plane marked on the ISO headforms at a 
specified distance above and parallel to the basic plane (see Figure 
3).
    (m) Retention system is the complete assembly that secures the 
helmet in a stable position on the wearer's head.
    (n) Shield means optional equipment for helmets that is used in 
place of goggles to protect the eyes.
    (o) Spherical impactor is a 146 mm (5.75 in.) diameter aluminum 
sphere, with a mass of 4005  5 g (8.83  1.10 
lb), that is specifically machined for mounting onto the ball-arm 
connector of the drop-test assembly. The impactor is used to check the 
electronic equipment (see Sec. 1203.17).
    (p) Test headform is a test headform of sizes A, E, J, M, and O as 
defined in ISO/DIS 6220-1983 and constructed of K-1A magnesium alloy. 
The test headforms shall include surface markings corresponding to the 
basic, coronal, midsagittal, and reference planes (see Figure 2).
    (q) Test region is the area of the helmet, above a specified test 
line, that is subject to impact testing.
    (r) Visor (peak) is optional helmet equipment for protection 
against sun or glare, and is sometimes used as a rock or dirt 
deflector.


Sec. 1203.5  Construction requirements.

    (a) General. The helmet shall be constructed to reduce the 
acceleration of the wearer's head and to remain on the wearer's head 
during impact. Optional devices (such as visors and shields) fitted to 
the helmet shall be designed so that they are unlikely to cause injury 
in an accident. If the absence of any detachable component of the 
helmet does not prevent its being worn, then this absence must not 
compromise either the retention system or the helmet's impact 
protection. If any part of the helmet detaches during testing, it must 
not present a laceration or puncture hazard or reduce the coverage of 
the head.
    (b) Projections. Any feature projecting more than 7 mm (0.28 in.) 
beyond the outer surface must readily break away; all other projections 
on the outer surface shall be smoothly faired and offer minimal 
frictional resistance to tangential impact forces. There shall be no 
feature on the inner surface projecting more than 2 mm (0.08 in.) into 
the helmet interior. Any internal rigid projections that can contact 
the wearer's head during impact shall be protected by some means of 
cushioning.
    (c) Retention System. The retention system shall be designed and 
constructed to meet the requirements of Sec. 1203.12(b)-(c) of this 
standard.
    (d) Materials. Materials used in the helmet shall be durable and 
resistant to exposure to sun, rain, cold, dust, vibration, 
perspiration, and products likely to be applied to the skin or hair. 
Similarly, the materials should not degrade due to temperature extremes 
likely to be encountered in routine storage or transportation. 
Materials known to cause skin irritation or disease shall not be used. 
Lining materials, if used, may be detachable for washing. If 
hydrocarbons, cleaning fluids, paints, transfers or other additions 
will affect the helmet adversely, a warning shall be provided.


Sec. 1203.6  Labeling and instructions.

    (a) Labeling. Each helmet shall be marked so that the following 
information is easily visible and legible to the user and is likely to 
remain legible throughout the life of the helmet:
    (1) Model designation.
    (2) A warning to the user that no helmet can protect against all 
possible impacts, and that for maximum protection the helmet must be 
fitted and attached properly to the wearer's head in accordance with 
the manufacturer's fitting instructions.
    (3) A warning to the user that the helmet may, after receiving an 
impact, be damaged to the point that it is no longer adequate to 
protect the head against further impacts, and that this damage may not 
be visible to the user. This label shall also state that a helmet that 
has sustained an impact should be returned to the manufacturer for 
competent inspection or be destroyed and replaced.
    (4) A warning to the user that the helmet can be damaged by contact 
with common substances (for example, certain solvents, cleaners, hair 
tonic, etc.), and that this damage may not be visible to the user. This 
label should also contain any recommended cleaning agents and 
procedures and list any known common substances that will cause damage.
    (5) The statement ``Not for Motor Vehicle Use'' shall be on the 
interior of the helmet.
    (b) Instructions. Each helmet shall have the following accompanying 
instructions:
    (1) Fitting and positioning instructions, including graphic 
representation of proper positioning.
    (2) A list of any known common substances that are known to be 
capable of causing damage to the helmet, and a warning against 
contacting the helmet with these substances.


Sec. 1203.7  Samples for testing.

    (a) General. Helmets shall be tested in the condition in which they 
are offered for sale. They must pass all tests, both with and without 
any attachments that may be included.
    (b) Number of samples. Five samples of each size for each model 
offered for sale are required to test conformance to this standard.


Sec. 1203.8  Conditioning environments.

    Helmets shall be conditioned to one of the following environments 
prior to testing in accordance with the test schedule at Sec. 1203.13.
    (a) Ambient condition. This is the ambient condition of the test 
laboratory, which shall be within the ranges of temperature of 17 deg. 
C to 27 deg. C (63 deg. F to 81 deg. F) and of relative humidity of 20 
to 80 percent. The barometric pressure in all conditioning environments 
shall be 75 to 110 kPa (22.2 to 32.6 inches of Hg). All test helmets 
shall be stabilized within this ambient range for at least 4 hours 
prior to further conditioning and testing. Storage or shipment within 
this ambient range satisfies this requirement. The ambient test helmet 
does not need further conditioning.
    (b) Low temperature. This is a temperature of -16 deg. C to 
-13 deg. C (3 deg. F to 9 deg. F). The helmet shall be kept in this 
environment for 4 to 24 hours prior to testing.
    (c) High temperature. This is a temperature of 47 deg. C to 53 deg. 
C (117 deg. F to 127 deg. F). The helmet shall be kept in this 
environment for 4 to 24 hours prior to testing.
    (d) Water immersion. The fourth conditioning is full immersion in 
potable water at a temperature of 15 deg. C to 27 deg. C (59 deg. F to 
81 deg. F). The helmet shall be kept in this environment for 4 to 24 
hours prior to testing.


Sec. 1203.9  Test headforms.

    Helmets shall be tested on the appropriate size headform. The 
headforms used for testing shall be sizes A, E, J, M, and O as defined 
by ISO/DIS 6220-1983. Headforms used for impact testing shall be 
constructed of K-1A magnesium alloy or other functionally equivalent 
metal and must have no resonant frequencies below 3000 hz.


Sec. 1203.10  Selecting the test headform.

    (a) Helmets shall be tested on the appropriate size test headform, 
or two sizes of test headforms. Helmets shall be tested on the largest 
and smallest size test headforms on which they fit. If a smaller size 
helmet of the same model fits the smaller headform, the larger helmet 
will be tested on the larger headform only. When two headform sizes are 
required, each test set of five helmets will include at least one 
peripheral vision test, dynamic retention test, positional stability 
test, and impact attenuation test on each headform.


Sec. 1203.11  Extent of impact protection--marking the test line.

    (a) For helmets intended for persons over 4 years of age. Prior to 
testing, the extent of required protection for helmets intended for 
persons over 4 years of age shall be determined for each helmet in the 
following manner.
    (1) Position the helmet on the appropriate headform as specified by 
the manufacturer's head positioning index (HPI) with the brow parallel 
to the basic plane. Place a 5-kg (11-lb) preload ballast weight on top 
of the helmet to set the fit padding.
    (2) A line shall be drawn on the outer surface of the helmet 
coinciding with portions of the intersection of that surface of the 
helmet with the following planes (see Figure 4):
    (i) A plane h mm above and parallel to the basic plane in the 
anterior portion of the reference headform;
    (ii) A vertical transverse plane a mm in front of the external ear 
opening in a side view:
    (iii) A plane i mm above and parallel to the basic plane of the 
reference headform;
    (iv) A vertical transverse plane b mm behind the center of the 
external ear opening in a side view; and
    (v) A plane j mm above and parallel to the basic plane in the 
posterior portion of the reference headform.
    (3) Each of the dimensions h, a, i, b, and j are shown in the table 
below for reference headforms A through O. 

                                    Table 1.--Reference Headform Dimensions                                     
----------------------------------------------------------------------------------------------------------------
                ISO Headform Size                h mm (in.)   a mm (in.)   i mm (in.)   b mm (in.)   j mm (in.) 
----------------------------------------------------------------------------------------------------------------
A..............................................           60           29           54           29           29
                                                      (2.36)       (1.14)       (2.13)       (1.14)       (1.14)
E..............................................           60           32           56           32           31
                                                      (2.36)       (1.26)       (2.20)       (1.26)       (1.22)
J..............................................           60           34           60           34           35
                                                      (2.36)       (1.34)       (2.36)       (1.34)       (1.38)
M..............................................           60           35           60           35           35
                                                      (2.36)       (1.38)       (2.36)       (1.38)       (1.38)
O..............................................           60           36           60           36           35
                                                      (2.36)       (1.42)       (2.36)       (1.42)      (1.38) 
----------------------------------------------------------------------------------------------------------------

    (4) These lines enclose the top of the helmet and are the boundary 
of the extent of protection. The helmet fails to meet the standard if 
any point of this line falls below the edge of the helmet. A test line 
shall be drawn within this extent of protection that is 15 mm (0.59 
in.) from the closest point on the boundary. The center of the impact 
sites shall be selected at any point on the helmet on or above the test 
line.
    (b) For helmets intended for children 4 years of age and under. 
Prior to testing, the extent of required protection for helmets 
intended for children 4 years of age and under and tested on the ISO A 
headform shall be determined for each helmet in the following manner.
    (1) Define an adjusted basic plane on the ISO A reference headform, 
located 128 mm (5.04 in.) below a plane tangent to the apex of the 
headform and inclined 15 degrees to the horizontal (see Figure 5).
    (2) Define fore and rear planes, located 58 mm (2.28 in.) and 116 
mm (4.57 in.) from the front surface of the headform and parallel to 
the coronal plane.
    (3) Define a point B, located on the fore plane and 54 mm (2.13 
in.) above the adjusted basic plane. (Dimensions defining the locations 
of points B, C, D, E, and F are measured perpendicular to the 15 degree 
incline of the adjusted basic plane).
    (4) Define a point C, located on the fore plane and 31 mm (1.22 
in.) above the adjusted basic plane.
    (5) Define a point D, located on the rear plane and 31 mm (1.22 
in.) above the adjusted basic plane.
    (6) Define a point E, located on the rear plane and 8 mm (0.31 in.) 
above the adjusted basic plane.
    (7) Define a point F, located on the rear surface of the headform 
and 8 mm (0.31 in.) above the adjusted basic plane.
    (8) Define a horizontal line AB from the front surface of the 
headform to the fore plane.
    (9) Define the extent of protection by connecting points B, C, D, 
E, and F.
    (10) Position the helmet on the headform in accordance with the HPI 
and place a 5-kg (11-lb) preload ballast weight on top of the helmet to 
set the fit padding.
    (11) Line ABCDEF shall be traced onto the outer surface of the 
helmet to mark the boundary for the extent of protection. The helmet 
fails to meet the standard if any point of this line falls below the 
edge of the helmet. A test line shall be drawn within this extent of 
protection that is 15 mm (0.59 in.) from the closest point on the 
boundary. The center of impact sites shall be selected at any point on 
or above the test line.


Sec. 1203.12  Test requirements.

    (a) Peripheral vision. The helmet shall allow unobstructed vision 
through a minimum of 105 deg. to the left and right sides of the 
midsagittal plane when measured in accordance with Sec. 1203.14 of this 
standard.
    (b) Positional stability. The helmet shall not release from the 
test headform when tested in accordance with Sec. 1203.15 of this 
standard.
    (c) Dynamic strength of retention system. The retention system 
shall remain intact without elongating more than 30 mm (1.2 in.) when 
tested in accordance with Sec. 1203.16 of this standard.
    (d) Impact attenuation. (1) The peak acceleration of any impact 
shall not exceed 300-g when tested in accordance with Sec. 1203.17 of 
this standard.
    (2) The time duration of the acceleration waveform during any 
impact shall not exceed 3 ms at or above 200-g and shall not exceed 6 
ms at or above 150-g, when tested in accordance with Sec. 1203.17.


Sec. 1203.13  Test schedule.

    (a) One of the five helmets (or two helmets if two headform sizes 
are appropriate) shall be tested for peripheral vision in accordance 
with Sec. 1203.14 of this standard.
    (b) Helmet samples 1 through 4 shall be assigned to the ambient, 
high temperature, low temperature, and water immersion environments, 
respectively. Helmet 5 shall be assigned to the ambient condition.
    (c) Testing must begin within 2 minutes after removal from the 
conditioning environment. The helmet shall be returned to the 
conditioning environment within 3 minutes for a minimum of 2 minutes 
before testing is resumed. If the helmet is out of the conditioning 
environment for longer than 3 minutes, it shall be reconditioned for 5 
minutes for each minute it is out of the conditioning environment 
beyond the allotted 3 minutes before testing is resumed.
    (d) Helmets shall be tested for dynamic strength of the retention 
system or for positional stability prior to being tested for impact 
attenuation. Helmet 1 (conditioned in an ambient environment) shall be 
tested in accordance with the positional stability tests at 
Sec. 1203.15. Helmets 2 through 4 (conditioned in the high temperature, 
low temperature, and water immersion environments) shall be tested in 
accordance with the dynamic retention system strength test at 
Sec. 1203.16. Helmets 1 through 4 shall then be tested in accordance 
with the impact attenuation tests on the flat and hemispherical anvils 
in accordance with the procedure at Sec. 1203.17. Helmet 5 shall only 
be used to test for impact attenuation on a curbstone anvil in 
accordance with Sec. 1203.17 of this standard.


Sec. 1203.14  Peripheral vision test.

    Position the helmet on the headform in accordance with the HPI and 
place a 5-kg (11-lb) ballast weight on top of the helmet to set the fit 
padding.

(Note: Peripheral vision clearance may be determined when the helmet 
is positioned for marking the extent of protection and test lines.)

    Peripheral vision is measured horizontally from each side of the 
midsagittal plane around the point K (see Figure 6). The vision shall 
be unobstructed through a minimum of 105 degrees on both sides of the 
midsagittal plane from point K.


Sec. 1203.15  Positional stability test (roll-off resistance).

    (a) Test equipment--(1) Headforms. The geometry of the test 
headforms shall comply with the dimensions of the full chin ISO 
reference headforms sizes A, E, J, M, and O.
    (2) Test fixture. The headform shall be secured in a test fixture 
with its vertical axis pointing downward on an axis of 45 degrees to 
the direction of gravity. The test fixture shall permit rotation of the 
headform about its vertical axis.
    (3) Dynamic impact apparatus. A dynamic impact apparatus shall be 
used to apply a ``shock load'' to a helmet secured to a test headform. 
The dynamic impact apparatus shall allow a 4-kg (8.8-lb) drop weight to 
slide in a guided free fall to impact a rigid stop anvil. The entire 
mass of the dynamic impact assembly, including the drop weight, shall 
be no more than 5 kg (11 lb).
    (4) Strap or cable. A hook and flexible strap or cable shall be 
used to connect the dynamic impact apparatus to the helmet. The strap 
or cable shall be of a material having an elongation of no more than 5 
mm (0.20 in.) per 300 mm (11.8 in.) when loaded with a 22-kg (48.5 lb) 
weight in a free hanging position. A typical test apparatus is 
illustrated at Figure 7.
    (b) Test procedure. (1) Orient the headform so that its face is 
down.
    (2) Place the helmet on the appropriate size full chin headform in 
accordance with the HPI and fasten the retention system in accordance 
with the manufacturer's instructions.
    (3) Suspend the dynamic impact system from the helmet by 
positioning the flexible strap over the helmet along the midsagittal 
plane and attaching the hook over the edge of the helmet as shown in 
Figure 7.
    (4) Raise the drop weight to a height of 0.6 m (2 ft) and release, 
allowing it to impact the stop anvil.
    (5) The test shall be repeated with the headform face pointing 
upwards, so that the helmet is pulled from front to rear.


Sec. 1203.16  Dynamic strength of retention system test.

    (a) Test equipment. (1) ISO headforms without the lower chin 
portion shall be used.
    (2) The retention system strength test equipment shall consist of a 
dynamic impact apparatus that allows a 4-kg (8.8-lb) drop weight to 
slide in a guided free fall to impact a rigid stop anvil. Two 
cylindrical rods with a diameter of 12.5  0.5 mm (0.49 in. 
 0.02 in.) that have a center-to-center distance of 76.0 
 1 mm (3.0  0.04 in.) shall make up a stirrup 
that represents the bone structure of the lower jaw. The entire dynamic 
test apparatus hangs freely on the retention system. The entire mass of 
the support assembly, including drop weight, shall be 6 kg  
0.5 kg (13.2  1.1 lb). A typical test apparatus is shown in 
Figure 8.
    (b) Test procedure. (1) Place the helmet on the appropriate size 
headform on the test device and fasten the strap of the retention 
system under the stirrup.
    (2) Place a preload ballast of 5 kg (11 lb) on top of the helmet to 
set the comfort or fit padding.
    (3) Mark the pre-test position with the entire dynamic test 
apparatus hanging freely on the retention system.
    (4) Raise the 4-kg (8.8-lb) drop weight to a height of 0.6 m (2 ft) 
and release, allowing it to impact the stop anvil.
    (5) Record the maximum elongation of the retention system during 
the impact. A marker system or a displacement transducer, as shown in 
Figure 8, are two methods of measuring the elongation.


Sec. 1203.17  Impact attenuation test.

    (a) Test instruments and equipment. (1) Measurement of impact 
attenuation. Impact attenuation is determined by measuring the 
acceleration of the test headform during impact. Acceleration is 
measured with a uniaxial accelerometer that is capable of withstanding 
a shock of a least 1000 g. The helmet is secured onto the headform and 
dropped in a guided free fall, using a wire- or rail-guided apparatus 
(see Figure 9), onto an anvil fixed to a rigid base. The base shall 
consist of a solid mass of at least 135 kg (298 lb), the upper surface 
of which shall consist of a steel plate at least 25 mm (0.98 in.) thick 
and having a surface area of at least 0.3 m2 (3.23 ft2).
    (2) Accelerometer. A uniaxial accelerometer is mounted at the 
center of gravity of the test headform with the sensitive axis aligned 
within 5 degrees of vertical when the test headform is in the impact 
position. The acceleration data channel and filtering shall comply with 
SAE Recommended Practice J211 JUN 80, Instrumentation for Impact Tests, 
Requirements for Channel Class 1000.
    (3) Headform and drop assembly--centers of gravity. The center of 
gravity of the test headform is located at the center of the mounting 
ball on the supporting assembly and lies within a cone with its axis 
vertical, and forming a 10 degree included angle with the vertex at the 
point of impact. The center of gravity of the drop assembly lies within 
the rectangular volume bounded by x = -6.4 mm (-0.25 in.), x = 21.6 mm 
(0.85 in), y = 6.4 mm (0.25 in.), and y = -6.4 mm (-0.25 in), with the 
origin located at the center of gravity of the test headform. The 
rectangular volume has no boundary along the z-axis. The x-y-z axes are 
mutually perpendicular and have positive or negative designations in 
accordance with the right-hand rule (see Figure 5 of FMVSS 218). The 
origin of the coordinate axes also is located at the center of the 
mounting ball on the supporting assembly (see Figures 6, 7, and 8 of 
FMVSS 218). The x-y-z axes of the test headform assembly on a monorail 
drop test equipment are oriented as follows: From the origin, the x-
axis is horizontal with its positive direction going toward and passing 
through the vertical centerline of the monorail. The positive z-axis is 
downward. The y-axis also is horizontal, and its direction can be 
decided by the z- and x-axes, using the right-hand rule.
    (4) Drop assembly. The mass of the drop assembly (which is the 
combined mass of the instrumented test headform and support assembly, 
exclusive of the test helmet) for the drop test shall be 5  
0.1 kg (11.0  0.22 lb). The mass of the support assembly 
cannot exceed 25 percent of the mass of the total drop assembly. The 
mass of the support assembly is the weight of the drop assembly minus 
the weight of the headform, ball clamp, ball clamp bolts, and 
accelerometer. The center of gravity of the headform shall be at the 
center of the mounting ball. The center of gravity of the combined test 
headform and supporting assembly must meet FMVSS 218 S7.1.8 with any 
type of guide system.
    (5) Impact anvils. Impact tests shall be performed against three 
different anvils as described below. All of the anvils shall be 
constructed of steel and shall be solid (i.e., without internal 
cavities).
    (i) Flat Anvil. The flat anvil shall have a flat surface area with 
an impact face having a minimum diameter of 125 mm (4.92 in.) and shall 
be at least 24 mm (0.94 in.) thick (See Figure 10).
    (ii) Hemispherical anvil. The hemispherical anvil shall have an 
impact surface with a radius of 48  1 mm (1.89  
0.04 in.). The profile of the impact surface shall be one half the 
surface of a sphere (see Figure 11).
    (iii) Curbstone anvil. The curbstone anvil shall have two faces 
making an angle of 105 degrees and meeting along a striking edge with a 
radius of 15 mm  0.5 mm (0.59  0.02 in.). The 
height of the curbstone anvil shall not be less than 50 mm (1.97 in.), 
and the length shall not be less than 200 mm (7.87 in.) (see Figure 
12).
    (b) Test Procedure--(1) Instrument system check. The system 
instrumentation shall be checked before and after each series of tests 
(at least at the beginning and end of each test day) by dropping the 
spherical impactor (see Sec. 1203.4(o)) onto the MEP (see 
Sec. 1203.4(h)) at an impact velocity of 5.44 m/s  2% 
(17.85 ft/s  2%). Three such impacts, at intervals of 75 
 15 seconds, shall be performed before and after each 
series of tests. The peak acceleration obtained during these impacts 
shall be 389  8 g.
    (2) Impact sites. Each of helmets 1 through 4 (one helmet for each 
conditioning environment) shall be impacted at four different sites, 
two impacts on the flat anvil and two impacts on the hemispherical 
anvil. The fifth helmet shall be impacted once on the curbstone anvil 
at ambient condition. The center of impact may be on or anywhere above 
the test line and at least one fifth of the maximum circumference of 
the helmet from any prior impact center. Rivets and other mechanical 
fasteners, vents, and any other helmet feature within the test region 
shall be valid test sites.
    (3) Impact velocity. The helmet shall be dropped onto the flat 
anvil from a theoretical drop height of 2 meters (6.56 ft) to achieve 
an impact velocity of 6.2 m/s  2% (20.34 ft/s  
2%). The helmet shall be dropped onto the hemispherical and curbstone 
anvils from a theoretical drop height of 1.2 meters (3.94 ft) to 
achieve an impact velocity of 4.8 m/s  2% (15.75 ft/s 
 2%). The impact velocity shall be measured during the last 
40 mm (1.57 in) of free-fall for each test.
    (4) Helmet position. Prior to each test, position the helmet on the 
test headform in accordance with the HPI. The helmet shall be secured 
so that it does not shift position prior to impact. The helmet 
retention system shall be secured in a manner that does not interfere 
with free-fall or impact.
    (5) Data. Record the maximum acceleration in g's during impact and 
the time duration that the acceleration is at or above the 200-g and 
150-g levels on the acceleration waveform.

Subpart B--Certification


Sec. 1203.30  Purpose and scope.

    (a) Purpose. Section 14(a) of the Consumer Product Safety Act 
(CPSA), 15 U.S.C. 2063(a), requires every manufacturer (including 
importers) and private labeler of a product which is subject to a 
consumer product safety standard to issue a certificate that the 
product conforms to the applicable standard, and to base that 
certificate either on a test of each product or on a ``reasonable 
testing program.'' The purpose of this subpart is to establish 
requirements that manufacturers and importers of bicycle helmets 
subject to the Safety Standard for Bicycle Helmets (Subpart A of this 
Part 1203), shall issue certificates of compliance in the form 
specified.
    (b) Scope. The provisions of this subpart apply to all bicycle 
helmets that are subject to the requirements of the Safety Standard for 
Bicycle Helmets.


Sec. 1203.31  Effective date.

    Any bicycle helmet manufactured more than 1 year after publication 
of a final rule must meet the standard and must be certified as 
complying with the standard in accordance with this rule.


Sec. 1203.32  Definitions.

    The following definitions shall apply to this subpart:
    (a) Manufacturer means the manufacturer of a helmet manufactured in 
the United States and the importer of helmets manufactured outside the 
United States.
    (b) Private labeler means an owner of a brand or trademark which is 
used on a bicycle helmet subject to the standard and which is not the 
brand or trademark of the manufacturer of the bicycle helmet, provided 
the owner of the brand or trademark caused or authorized the bicycle 
helmet to be so labeled and the brand or trademark of the manufacturer 
of such bicycle helmet does not appear on the label.
    (c) Production lot means a quantity of bicycle helmets from which 
certain bicycle helmets are selected for testing prior to certifying 
the lot. All bicycle helmets in a lot must be essentially identical in 
those design, construction, and material features which relate to the 
ability of a bicycle helmet to comply with the standard.
    (d) Reasonable testing program means any tests which are identical 
or equivalent to, or more stringent than, the tests defined in the 
standard and which are performed on one or more bicycle helmets within 
the production lot for the purpose of determining whether there is 
reasonable assurance that all of the bicycle helmets in that lot comply 
with the requirements of the standard.


Sec. 1203.33  Certification testing.

    (a) General. U.S. manufacturers and importers shall conduct a 
reasonable testing program to demonstrate that their bicycle helmets 
comply with the requirements of the standard.
    (b) Reasonable testing program. This paragraph provides guidance 
for establishing a reasonable testing program.
    (1) A reasonable testing program for bicycle helmets is one that 
provides reasonable assurance that all bicycle helmets manufactured or 
imported comply with the standard. Manufacturers and importers may 
define their own testing programs. Such reasonable testing programs 
may, at the option of manufacturers and importers, be conducted by an 
independent third party qualified to perform such testing programs. 
However, all testing programs must be reasonable, and the manufacturers 
and importers are responsible for insuring compliance with all 
requirements of this standard.
    (2) To conduct a reasonable testing program, the bicycle helmets 
shall be divided into production lots. Sample bicycle helmets from each 
production lot shall be tested in accordance with the reasonable 
testing program to provide a reasonable assurance that if the bicycle 
helmets selected for testing meet the standard, all bicycle helmets in 
the lot will meet the standard. Whenever there is a change in parts, 
suppliers of parts, or production methods that could affect the ability 
of the bicycle helmet to comply with the requirements of the standard, 
the manufacturer shall establish a new production lot for testing.
    (3) The Commission will test for compliance with the standard by 
using the standard's test procedures. However, a reasonable testing 
program may include either the tests prescribed in the standard or any 
other reasonable test procedures that assure compliance with the 
standard.
    (4) If the reasonable testing program shows that a bicycle helmet 
may not comply with one or more requirements of the standard, no 
bicycle helmet in the production lot can be certified as complying 
until all noncomplying bicycle helmets in the lot have been identified 
and destroyed or altered by repair, redesign, or use of a different 
material or components to the extent necessary to make them conform to 
the standard. The sale or offering for sale of bicycle helmets that do 
not comply with the standard is a prohibited act and a violation of 
section 19(a) of the CPSA (15 U.S.C. 2068(a)), regardless of whether 
the bicycle helmet has been validly certified.


Sec. 1203.34  Product certification and labeling by manufacturers 
(including importers).

    (a) Form of permanent label of certification. Manufacturers, as 
defined in Sec. 1203.32(a), which includes importers, shall issue 
certificates of compliance for bicycle helmets manufactured after the 
effective date of the standard in the form of a permanent label which 
can reasonably be expected to remain on the bicycle helmet during the 
entire period the bicycle helmet is capable of being used. Such 
labeling shall be deemed to be a ``certificate'' of compliance as that 
term is used in section 14 of the CPSA, 15 U.S.C. 2063.
    (b) Contents of certification label. The certification labels 
required by this section shall clearly and legibly contain the 
following information:
    (1) The statement ``Complies with CPSC Safety Standard for Bicycle 
Helmets (16 CFR part 1203)'',
    (2) The name of the U.S. manufacturer or importer responsible for 
issuing the certificate,
    (3) The address of the U.S. manufacturer or importer responsible 
for issuing the certificate or, if the name of a private labeler is on 
the label, the address of the private labeler,
    (4) The name and address of the foreign manufacturer, if the helmet 
was manufactured outside the United States,
    (5) An identification of the production lot, and
    (6) The month and year the product was manufactured.
    (c) Coding. The information required by paragraphs (b)(4) through 
(6) of this section may be in code, provided the person or firm issuing 
the certificate maintains a written record of the meaning of each 
symbol used in the code, which record shall be made available to the 
distributor, retailer, consumer, and Commission upon request. If a 
bicycle helmet is manufactured for sale by a private labeler, and if 
the name of the private labeler is on the certification label, the name 
of the manufacturer or importer issuing the certificate, and the name 
and address of any foreign manufacturer, may also be in such a code.
    (d) Placement of the label. The label required by this section must 
be affixed to the bicycle helmet. If the label is not immediately 
visible to the ultimate purchaser of the bicycle helmet prior to 
purchase because of packaging or other marketing practices, a second 
label that states: ``Complies with CPSC Safety Standard for Bicycle 
Helmets'' must appear on the container or, if the container is not 
visible before purchase, on the promotional material used with the sale 
of the bicycle helmet.
    (e) Additional provisions for importers--(1) General. The importer 
of any bicycle helmet subject to the standard in subpart A of this Part 
1203 must issue the certificate of compliance required by section 14(a) 
of the CPSA and Sec. 1203.34 of this subpart. If a reasonable testing 
program meeting the requirements of this subpart has been performed by 
or for the foreign manufacturer of the product, the importer may rely 
in good faith on such tests to support the certificate of compliance 
provided:
    (i) The importer is a resident of the United States or has a 
resident agent in the United States,
    (ii) The records of such tests required by Sec. 1203.41 of subpart 
C of this part are maintained in the United States, and
    (iii) Such records are available to the Commission upon a request 
to the importer.
    (2) Responsibility of importer. If the importer relies on tests by 
the foreign manufacturer to support the certificate of compliance, the 
importer shall examine the records supplied by the manufacturer to 
determine that the records of such tests appear to comply with 
Sec. 1203.41 of subpart C of this part.

Subpart C--Recordkeeping


Sec. 1203.40  Effective date.

    The recordkeeping requirements in this subpart are effective 
[insert date that is 1 year after publication of the final rule] and 
apply to bicycle helmets manufactured on or after that date.


Sec. 1203.41  Recordkeeping requirements.

    (a) General. Every person issuing certificates of compliance for 
bicycle helmets subject to the standard in subpart A of this part shall 
maintain written records which show that the certificates are based on 
a reasonable testing program. The records shall be maintained for a 
period of at least 3 years from the date of certification of the last 
bicycle helmet in each production lot. These records shall be available 
to any designated officer or employee of the Commission upon request in 
accordance with section 16(b) of the CPSA, 15 U.S.C. 2065(b).
    (b) Contents of records. Complete test records shall be maintained. 
Records shall identify the bicycle helmets tested, the production lot, 
and the results of the tests, including the precise nature of any 
failures, and specific actions taken to address any failures. An 
original paper copy of the test records must be kept by the test 
laboratory, on paper, with the signature of the technician who 
performed the test. The test records shall describe in detail the tests 
that the bicycle helmets have been subjected to, and shall include:
    1. Manufacturer's name and address.
    2. Model and size of each helmet tested.
    3. Identifying information for each helmet tested, including the 
production lot for each helmet, and the environmental condition under 
which each helmet was tested.
    4. Temperatures in each conditioning environment, and the relative 
humidity and temperature of the laboratory.
    5. Parameters and results of the test for peripheral vision 
clearance.
    6. Failures to conform to any of the labeling and instruction 
requirements.
    7. Performance impact results in sequence stating the location of 
impact, type of anvil used, velocity prior to impact, maximum 
acceleration, and time durations that the acceleration is at or above 
the 200-g and 150-g levels.
    8. Parameters and results of the positional stability test.
    9. Parameters and results of the dynamic strength of retention 
system test.
    10. Name and location of the test laboratory.
    11. Signature of the technician who performed the test.
    12. Date of the test.
    13. Calibration test results.
    (c) Format for records. The records required to be maintained by 
this section may be in any appropriate form or format that clearly 
provides the required information.

Appendix to Part 1203--Figures

BILLING CODE 6355-01-M

TP15AU94.001


TP15AU94.002


TP15AU94.003


TP15AU94.004


TP15AU94.005


TP15AU94.006


TP15AU94.007


TP15AU94.008


TP15AU94.009


TP15AU94.010

BILLING CODE 6355-01-C
    Dated: August 9, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission
[FR Doc. 94-19787 Filed 8-12-94; 8:45 am]
BILLING CODE 6355-01-P