[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
