[Federal Register Volume 68, Number 70 (Friday, April 11, 2003)]
[Notices]
[Pages 17857-17858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8941]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2003-14880]


Initial Decision That Certain NexL Sports Products Motorcycle 
Helmets Fail To Comply With Federal Motor Vehicle Safety Standard 218; 
Public Proceeding Scheduled To Hear Arguments and To Determine Adequacy 
of Remedy by NexL Sports Products

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of public meeting.

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

SUMMARY: NHTSA will hold a public meeting, beginning at 10 a.m. on May 
14, 2003 regarding its Initial Decision that NexL Sports Products 
(NexL) ``Beanie DOT Motorcycle Helmets'' (model 02) fail to comply with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle 
Helmets. At the same time, NHTSA will conduct a hearing to determine if 
NexL's remedy for the noncompliance of its model 01 helmets with FMVSS 
No. 218 was adequate.

FOR FURTHER INFORMATION CONTACT: Andrew J. DiMarsico, Office of Chief 
Counsel, National Highway Traffic Safety Administration, 400 Seventh 
Street, SW., Washington, DC 20590; (202) 366-5263. NHTSA's Initial 
Decision, and the information on which it is based, is available at 
NHTSA's Technical Information Services, Room 5111, 400 Seventh Street, 
SW., Washington, DC 20590;Telephone: 202-366-2588. When visiting 
Technical Information Services or contacting it via the telephone, 
refer to Investigation File CI-218-020612.

SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 30118(a), NHTSA's 
Associate Administrator for Enforcement made an Initial Decision that 
NexL model 02 motorcycle helmets do not comply with the requirements of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle 
Helmets, 49 CFR 571.218. These requirements include: Impact attenuation 
tests, penetration tests, retention system tests and labeling.
    In an impact attenuation test pursuant to S7.1 of 49 CFR 571.218, a 
guided free fall anvil impacts the helmet at specified locations. The 
height and speed of the guided free fall anvil are set forth in the 
Standard. To pass, all of the following requirements must be met: (a) 
Peak accelerations must not exceed 400g; (b) accelerations in excess of 
200g must not exceed a cumulative duration of 2.0 milliseconds; and (c) 
accelerations in excess of 150g must not exceed a cumulative duration 
of 4.0 milliseconds.
    In a penetration test pursuant to S7.2, a guided free fall test 
striker impacts the outer surface of the complete helmet. To pass, the 
metal striker must not come into contact with the surface of the 
specified test headform inside the helmet.
    A retention system test, in accordance with S7.3, addresses the 
retention system of a helmet on a DOT headform by adding specified 
force to the retention system. The retention system or its components 
cannot separate or the test device move more than 1 inch (2.5 cm) when 
measured between preliminary and test load positions.
    For labeling purposes, S5.6.1 requires that each helmet be 
permanently and legibly labeled with the manufacturer's identification 
and a label that the helmet meets all applicable FMVSS. The label must 
also include specific language that is set forth in S5.6.
    In 2000, NexL began manufacturing and selling model 01 motorcycle 
helmets. NHTSA's Office of Vehicle Safety Compliance (OVSC) tested 
several model 01 helmets on May 18, 2001. Those tests indicated 
numerous apparent failures to comply with several requirements of FMVSS 
No. 218. NexL subsequently advised NHTSA in a Noncompliance Information 
Report, dated March 8, 2002, of its decision that the model 01 helmets 
did not comply with FMVSS No. 218. NexL therefore conducted a recall 
campaign (NHTSA No. 02E-008) in which its designated remedy for the 
noncompliance was to replace each model 01 helmet with a NexL model 02 
helmet.
    The model 02 motorcycle helmet is a redesigned version of the 
recalled model 01 helmet. In addition to being NexL's designated remedy 
for the earlier noncompliance, model 02 helmets have been sold to the 
public.
    As part of its annual compliance testing program, OVSC conducted 
compliance tests of NexL model 02 helmets at two independent test 
laboratories. On June 12, 2002, Head Protection Research Laboratory 
(HPR) located in Paramount, California tested four NexL model 02 
helmets to the performance requirements of FMVSS No. 218. Subsequently, 
on July 29, 2002, SGS U.S. Testing Company, Inc. (UST), located in 
Fairfield, New Jersey, tested four other NexL model 02 helmets. Again, 
on February 28, 2003, HPR conducted more tests on NexL model 02 
helmets. Each series of test results indicated failures of NexL's model 
02 helmets to comply with many of the requirements set forth in FMVSS 
No. 218.
    Following initial test failures, OVSC opened an investigation into 
the compliance of the model 02 helmets with FMVSS No. 218 (CI-218-
020612). As part of that investigation, OVSC sent an Information 
Request (IR) letter to NexL in which it requested information 
concerning the number of model 02 helmets manufactured by NexL, all 
tests performed by NexL to support its certification that the model 02 
helmets met all applicable FMVSS, consumer complaints, and any 
engineering analysis regarding the test failures identified by OVSC. 
NexL responded to that IR on September 4, 2002. Among other things, 
NexL asserted that the results of tests conducted by Sacramento Test 
Laboratory (STL), dated August 23, 2002, demonstrated that the model 02 
helmets comply with FMVSS No. 218. However, contrary to NexL's 
assertion, the STL tests also indicate numerous failures to meet the 
performance requirements of the standard.
    OVSC's Report of Investigation, which contains a full description 
of the compliance investigation, is attached as an Appendix to this 
notice. The complete public file for the investigation is available at 
Technical Information Services, Room 5111, 400 Seventh Street, SW., 
Washington, DC 20590; Telephone: 202-366-2588.
    Based upon all of the available information, NHTSA's Associate 
Administrator for Enforcement has made an Initial Decision, pursuant to 
49 U.S.C. 30118(a) and 49 CFR 554.10, that NexL model 02 motorcycle 
helmets fail to comply with FMVSS No. 218. Pursuant to 49 U.S.C. 
30118(b)(1) and 49 CFR 554.10(b), NHTSA will conduct a public meeting, 
beginning at 10 a.m. on May 14, 2003 in Room 6332, Department of 
Transportation Building, 400 Seventh Street, SW., Washington, DC, at 
which time the manufacturer and all other interested persons will be 
afforded an opportunity to present information, views, and arguments on 
the issues of whether NexL's model 02 helmets covered by NHTSA's 
Initial

[[Page 17858]]

Decision fail to comply with FMVSS No. 218.
    In addition, in view of the fact that the model 02 helmet was the 
remedy designated by NexL to address the noncompliance of its model 01 
helmet in Recall 02E-008, there is reason to believe that this remedy 
is inadequate to assure compliance with FMVSS No. 218, as required by 
49 U.S.C. 30120(c). Therefore, in accordance with 49 U.S.C. 30120(e) 
and 49 CFR 557.6 and 557.7, NHTSA will conduct a public hearing to 
decide whether that remedy was adequate and whether to order NexL to 
provide a different remedy. Because of the similarity of the subject 
matter, this hearing will be combined with the public meeting on the 
Initial Decision.
    Interested persons are invited to participate in this proceeding 
through written and/or oral presentations. Persons wishing to make oral 
presentations must notify Tilda Proctor, National Highway Safety 
Administration, Room 5321, 400 Seventh Street, SW., Washington, DC 
20590, (202) 366-4759, or by fax at (202) 366-8065, before the close of 
business on May 7, 2003. The notifications should specify the amount of 
time that the presentation is expected to last. The agency will prepare 
a schedule of presentations. Depending upon the number of persons who 
wish to make oral presentations, and the anticipated length of those 
presentations, the agency may add an additional day or days to the 
meeting/hearing and may limit the length of oral presentations.
    Persons who wish to file written comments should submit them to the 
same address, preferably no later than the beginning of the meeting/
hearing on May 14, 2003. However, the agency will accept written 
submissions until May 28, 2003.

    Authority: 49 U.S.C. 30118(a), (b), and 49 U.S.C. 30120(c), (e); 
delegations of authority at 49 CFR 1.50(a) and 49 CFR 501.8.

    Issued on: April 7, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-8941 Filed 4-10-03; 8:45 am]
BILLING CODE 4910-59-P