Proposed Rule: Safety Standard for Bicycle Helmets

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1203

Proposed Rule: Safety Standard for Bicycle Helmets

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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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\

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\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.

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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\

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\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.

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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\

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\1\Available from American National Standards Institute, 11 W.

42nd St., 13th Floor, New York, NY 10036.

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(b) Federal Motor Vehicle Safety Standard 218, Motorcycle

Helmets.\2\

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\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.

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(c) SAE Recommended Practice SAE J211 JUN80, Instrumentation for

Impact Tests.\3\

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\3\Available from Society of Automotive Engineers, 400

Commonwealth Dr., Warrendale, PA 15096.

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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.

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\4\Available from Research and Testing Company, 1415 Park Ave.,

Hoboken, NJ 07030.

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(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