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Summary: This was CPSC's Second Draft of its bicycle helmet standard. It was published in the Federal Register on December 6, 1995. That date began a 75 day comment period, but comments were due by February 20, 1996. The final standard was published in March of 1999
UCSD, SS&H Library, GPO Gate [Federal Register: December 6, 1995 (Volume 60, Number 234)] [Proposed Rules ] [Page 62661-62692] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [[Page 62661]]
Part III Consumer Product Safety Commission
16 CFR Part 1203 Safety Standard for Bicycle Helmets; Proposed Rule [[Page 62662]] 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. This proposal modifies the bicycle helmet standard proposed by the Commission in the Federal Register of August 15, 1994. The proposed standard establishes requirements derived from one or more of the voluntary standards applicable to bicycle helmets. In addition, the proposed standard includes requirements specifically applicable to children's helmets and requirements to prevent helmets from coming off during an accident. The proposed standard also contains testing and recordkeeping requirements to ensure that bicycle helmets meet the standard's requirements. DATES: Comments on the proposal should be submitted no later than February 20, 1996. Comments on elements of the proposal that, if issued, would constitute collection of information requirements under the Paperwork Reduction Act may be filed with the Office of Management and Budget (``OMB''). OMB is required to make a decision concerning the collections of information contained in the proposed rule between 30 and 60 days after publication. Thus, although comments will be received by OMB until February 5, 1996, a comment to OMB is best assured of having its full effect if OMB receives it by January 4, 1996. ADDRESSES: Comments to the Commission 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. Comments also may be filed with the Commission by facsimile to (301)504-0127, or by electronic mail via info@cpsc.gov. Comments should include a caption or cover indicating that they are directed to the Office of the Secretary and are comments on the revised proposed Safety Standard for Bicycle Helmets. Comments to OMB should be directed to the Desk Officer for the Consumer Product Safety Commission, Office of Information and Regulatory Affairs, OMB, Washington, D.C. 20503. The Commission encourages commenters to provide copies of such comments to the Commission's Office of the Secretary, with a caption or cover letter identifying the materials as comments submitted to OMB on the proposed collection of information requirements for bicycle helmets. 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. For the reasons given above, the Commission proposes to revise Part 1203 of Title 16 of the Code of Federal Regulations, to read as follows: 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 - projections. 1203.6 Labeling and instructions. [[Page 62674]] 1203.7 Samples for testing. 1203.8 Conditioning environments. 1203.9 Test headforms. 1203.10 Selecting the test headform. 1203.11 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. 1203.18 Reflectivity. [Reserved] 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. Subpart D--Bicycle Helmets Manufactured From March 16, 1995, Through Date That Is 1 Year After The Final Rule Is Issued 1203.51 Purpose. 1203.52 Scope and effective date. 1203.53 Interim safety standards. Figures to Part 1203 Authority: Secs. 201-207, Pub. L. 103-267, 108 Stat. 726-729, 15 U.S.C. 6001-6006. 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 International System of Units (``SI'') measurements 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 and shall apply to all bicycle helmets manufactured after that date. Bicycle helmets manufactured between March 16, 1995, and the date that is 1 year after publication of the final rule, inclusive, are subject to the requirements of Subpart D, rather than this Subpart A. Sec. 1203.2 Purpose. The purpose and basis of this standard is to reduce the likelihood of serious injury and death to bicyclists resulting from impacts to the head, as provided in 15 U.S.C. 6001-6006. Sec. 1203.3 Referenced documents. The following documents are referenced in this standard. (a) Draft ISO/DIS Standard 6220-1983--Headforms for Use in the Testing of Protective Helmets.[1]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 Helmet [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 OCT88, 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 to this part). (b) Bicycle helmet means any headgear that either is marketed as, or has a reasonably foreseeable use as, a device intended to provide protection from head injuries while riding a bicycle. (c) Comfort or fit padding means resilient lining material used to configure the helmet for a range of different head sizes. 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 reference plane, when placed on a reference headform. The vertical distance shall be specified by the manufacturer for each size of headform the helmet fits. (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 to this part). (h) Modular elastomer programmer (MEP) is a cylindrical pad, typically consisting of a polyurethane rubber, used as a consistent impact medium for the systems check procedure. (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 DRAFT 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 to this part). (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 to this part). (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 solid model in the shape of a human head of sizes A, E, J, M, and O as defined in DRAFT ISO/DIS 6220-1983. Headforms used for the impact attenuation test shall be constructed of K-1A magnesium alloy or functionally equivalent metal. The test headforms shall include surface markings corresponding to the basic, coronal, midsagittal, and reference planes (see Figure 2 to this part). (q) Test region is the area of the helmet, on and 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--projections. Any unfaired projection extending more than 7 mm (0.28 in.) from the helmet's outer surface shall break away or collapse when impacted with forces equivalent to those produced by the applicable impact- attenuation tests in Sec. 1203.17 of this standard. Rigid [[Page 62675]] projections on the inner surface shall not exceed 2 mm (0.08 in.) and shall not make contact with the test headform after testing in accordance with Sec. 1203.17. Sec. 1203.6 Labeling and instructions. (a) Labeling. Each helmet shall be marked so that the following information is legible and easily visible to the user and is likely to remain on the helmet and legible throughout the intended design life of the helmet: (1) Model designation. (2) A warning to the user that no helmet can protect against all possible impacts. (3) A warning 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. (4) 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. (5) A warning to the user that the helmet can be damaged by contact with common substances (for example, certain solvents, cleaners, etc.), and that this damage may not be visible to the user. This label shall also state any recommended cleaning agents and procedures, list any known common substances that damage the helmet, and warn against contacting the helmet with these substances. (6) The statement ``Not For Motor Vehicle Use''. (b) Instructions. Each helmet shall have fitting and positioning instructions, including graphic representation of proper positioning. 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 offered by the helmet's manufacturer, and with all possible combinations of such attachments. (b) Number of samples. Five samples of each size for each model and combination of attachments offered for sale are required to test conformance to this standard. If a helmet fits more than one size of test headform, two additional samples are needed for each additional headform size for the testing described in Sec. 1203.10--Selecting the test headform. 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. 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. (a) Ambient condition. The ambient condition of the test laboratory shall be within 17 deg.C to 27 deg.C (63 deg.F to 81 deg.F), and 20 to 80 percent relative humidity. The ambient test helmet does not need further conditioning. (b) Low temperature. The helmet shall be kept at a temperature of -16 deg.C to -13 deg.C (3 deg.F to 9 deg.F) for 4 to 24 hours prior to testing. (c) High temperature. The helmet shall be kept at a temperature of 47 deg.C to 53 deg.C (117 deg.F to 127 deg.F) for 4 to 24 hours prior to testing. (d) Water immersion. The helmet shall be fully immersed ``crown'' down in potable water at a temperature of 17 deg.C to 27 deg.C (63 deg.F to 81 deg.F) to a crown depth of 305 mm+/-25 mm (12 in.+/-1 in.) for 4 to 24 hours prior to testing. Sec. 1203.9 Test headforms. The headforms used for testing shall be sizes A, E, J, M, and O, as defined by DRAFT 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 helmet shall be tested on the appropriate size(s) of headform(s) on which it fits. Fit means that it is not physically difficult to put the helmet on the headform, and that the helmet's comfort or fit padding is partially compressed. A complete set of five helmets of each size and model shall be tested on the smallest size test headform on which they fit. Two additional helmets shall be tested on each of the larger headforms the helmets fit. Testing on the larger headform(s) will include at least one peripheral vision test, dynamic retention test, positional stability test, and impact attenuation test (complete set of four impacts) using the conditioning environment that produced the highest g value in the impact attenuation tests on the smallest headform the helmet fit. Sec. 1203.11 Marking the test line. Prior to testing, the test line shall be determined for each helmet in the following manner. (a) 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 on top of the helmet to set the comfort or fit padding. (b) Draw a test line on the outer surface of the helmet coinciding with the intersection of the surface of the helmet with the impact line planes defined from the reference headform as shown in: (1) Figure 4 to this part for helmets intended for adults and for children 5 years of age and older. (2) Figure 5 for helmets intended for children under 5 years of age. (c) The center of the impact sites shall be selected at any point on the helmet 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 criteria. (1) For bicycle helmets intended for adults and children 5 years and older. The peak acceleration of any impact shall not exceed 300 g when the helmet is tested in accordance with Sec. 1203.17 of this standard. (2) For bicycle helmets intended for children under 5 years. The peak acceleration of any impact shall not exceed 250 g when the helmet is tested in accordance with Sec. 1203.17 of this standard. Sec. 1203.13 Test schedule. (a) One of the set of five helmets shall be tested for peripheral vision in accordance with Sec. 1203.14 of this standard. (b) Helmet samples 1 through 4 shall be conditioned in the ambient, high temperature, low temperature, and water immersion environments, respectively. Helmet 5 shall be conditioned in the ambient condition. (c) Testing must begin within 2 minutes after the helmet is removed [[Page 62676]] from the conditioning environment. The helmet shall be returned to the conditioning environment within 3 minutes after it was removed 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 prior to being tested for impact attenuation. Helmets 1 through 4 (conditioned in ambient, 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, hemispherical, and curbstone anvils in accordance with the procedure at Sec. 1203.17. Helmet 5 (conditioned in an ambient environment) shall be tested in accordance with the positional stability tests at Sec. 1203.15. Table 1203.13 summarizes the test schedule. Table 1203.13.--Test Schedule
Sec. 1203.17 Sec. 1203.14 Sec. 1203.15 Sec. 1203.16 Impact tests-4 Peripheral Positional Retention impacts per vision stability system strength helmet
Helmet 1-Ambient..........X............. .............X 1 Flat X 1 Hemi. X 1 Curb. X 1 TBD* X Helmet 2-High Temperature. ............ .............X 1 Flat X 1 Hemi. X 1 Curb. X 1 TBD* X Helmet 3-Low Temperature.. ............ .............X 1 Flat X 1 Hemi. X 1 Curb. X 1 TBD* X Helmet 4-Water Immersion.. ............ .............X 1 Flat X 1 Hemi. X 1 Curb. X 1 TBD* X Helmet 5-Ambient.......... ............X..............
* To Be Determined. The fourth impact can be on any of the anvils, at the discretion of the test personnel. Sec. 1203.14. Peripheral vision test. Position the helmet on a reference headform in accordance with the HPI and place a 5-kg (11-lb) preload ballast on top of the helmet to set the comfort or fit padding. (Note: Peripheral vision clearance may be determined when the helmet is positioned for marking the test lines.) Peripheral vision is measured horizontally from each side of the midsagittal plane around the point K (see Figure 6 to this part). Point K is located on the front surface of the reference headform at the intersection of the basic and midsagittal planes. The vision shall not be obstructed within 105 degrees on each side 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 and 45 degrees to the direction of gravity (see Figure 7 to this part). The test fixture shall permit rotation of the headform about its vertical axis and include means to lock the headform in the face up and face down positions. (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 (see Figure 7). 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. (b) Test procedure. (1) Orient the headform so that its face is down, and lock it in that orientation. (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. Adjust the straps to remove any slack. (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) from the stop anvil and release it, so that it impacts 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 (see Figure 8). Two cylindrical rollers that spin freely, 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 [[Page 62677]] lower jaw. The entire dynamic test apparatus hangs freely on the retention system. The entire mass of the support assembly, including the 4-kg (8.8-lb) drop weight, shall be 11 kg+/-0.5 kg (24.2 lb+/-1.1 lb). (b) Test procedure. (1) Place the helmet on the appropriate size headform on the test device according to the HPI. Fasten the strap of the retention system under the stirrup. (2) Mark the pre-test position of the retention system, with the entire dynamic test apparatus hanging freely on the retention system. (3) Raise the 4-kg (8.8-lb) drop weight to a height of 0.6 m (2 ft) from the stop anvil and release it, so that it impacts the stop anvil. (4) 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 at least 1000 g. The helmet is secured onto the headform and dropped in a guided free fall, using a monorail test 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 12 mm (0.47 in.) thick and having a surface area of at least 0.10 m\2\ (1.08 ft\2\). (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 OCT88, 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 support assembly and lies within an inverted cone with its axis vertical, and forming a 10 degree included angle with the vertex at the point of impact. The location of the center of gravity of the drop assembly (combined test headform and support assembly) must meet FMVSS 218 S7.1.8. 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. The origin of the coordinate axes is located at the center of the mounting ball on the support assembly. The x-y-z axes of the test headform assembly on monorail impact-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 is decided by the z- and x-axes, using the right-hand rule. See Figure 10 for an overhead view of the x-y boundary of the location of the center of gravity. (4) Drop assembly. The center of gravity of the headform shall be at the center of the mounting ball. (i) Mass of the drop assembly for testing helmets for adults and children 5 years of age and older. The combined mass of the instrumented test headform and support assembly (excluding the test helmet) for the impact test shall be 5.0 +/-0.1 kg (11.00 +/-0.22 lb). (ii) Mass of the drop assembly for testing helmets for children under 5 years. The combined mass of the instrumented test headform (ISO A or ISO E) and support assembly (excluding the test helmet) for the impact test shall be 3.9 +/-0.1 kg (8.60 +/-0.22 lb). (5) Impact anvils. Impact tests shall be performed against the three different anvils 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 11). (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 12). (iii) Curbstone anvil. The curbstone anvil shall have two flat 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 13). (b) Test Procedure. (1) Instrument system check. The impact- attenuation test instrumentation shall be checked before and after each series of tests (at least at the beginning and end of each test day) by dropping an impactor with a spherical impact surface onto an elastomeric test medium (MEP). The impactor shall be dropped onto the MEP at a specified impact velocity (+/-2% of a central value) that is representative of helmet testing drop heights. Before conducting a series of drops, the center vertical axis of the accelerometer (see Sec. 1203.17(a)(2)) shall be aligned with the geometric center of the MEP pad. Six impacts, at intervals of 75 +/-15 seconds, shall be performed at the beginning and end of the day. The first three impacts at the beginning and end of the day shall be considered warm-up drops and shall be discarded from the series. The test parameters selected at each laboratory shall produce impact accelerations shown to be repeatable within +/-2% of a central value. (2) Impact sites. Each of helmets 1 through 4 (one helmet for each conditioning environment) shall impact at four different sites, one impact on the flat anvil, one impact on the hemispherical anvil, one impact on the curbstone anvil, and one impact on an anvil chosen at the discretion of the test personnel.[4] The center of any impact may be on or anywhere above the test line, provided it is at least 120 mm (4.72 in), measured on the surface of the helmet, from any prior impact center. Rivets and other mechanical fasteners, vents, and any other helmet feature within the test region are valid test sites. \4\The intent of this requirement is that the fourth impact will be on the anvil likely to result in the highest g-value. In the absence of an indication why another anvil would be more stringent, this fourth impact should be made with the anvil that produced the highest g-value in the previous three impacts.
(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 +/-3% (20.34 ft/s +/-3%). 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 +/-3% (15.75 ft/s +/-3%). 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, the helmet shall be positioned 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. [[Page 62678]] (5) Data. Record the maximum acceleration in g's during impact. Sec. 1203.18 Reflectivity. [Reserved] 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. Section 14(a) further requires that the certificate be based 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 Subpart B. Sec. 1203.32 Definitions. The following definitions shall apply to this subpart: (a) Foreign manufacturer means an entity that manufactured a bicycle helmet outside the United States. (b) Manufacturer means the entity that either manufactured a helmet in the United States or imported a helmet manufactured outside the United States. (c) Private labeler means an owner of a brand or trademark that 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, authorized, or approved its use. (d) 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 that relate to the ability of a bicycle helmet to comply with the standard. (e) 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 selected from the production lot to determine 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. Manufacturers, as defined in Sec. 1203.32(a), 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) Manufacturers and importers may define their own reasonable testing programs. 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, manufacturers, as defined in Sec. 1203.32(a), 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. 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 need not be identical to the tests prescribed in 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. (5) The sale or offering for sale of a bicycle helmet that does not comply with the standard is a prohibited act and a violation of Sec. 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), shall issue certificates of compliance for bicycle helmets manufactured after the effective date of the standard in the form of a legible and readily visible label which can reasonably be expected to remain on the bicycle helmet and legible for the intended design life of the helmet. Such labeling shall be deemed to be a certificate of compliance, as that term is used in Sec. 14 of the CPSA, 15 U.S.C. 2063. (b) Contents of certification label. The certification labels required by this section shall contain the following: (1) The statement ``Complies with CPSC Safety Standard for Bicycle Helmets for Adults and Children Age 5 and Older (16 CFR 1203)'' or ``Complies with CPSC Safety Standard for Bicycle Helmets for Children Under 5 Years (16 CFR 1203)'', as appropriate (for a helmet that meets the criteria for both an adult helmet and a helmet for children under age 5, the label may state ``Complies with the CPSC Safety Standard for Bicycle Helmets for Persons of All Ages'', or equivalent language); (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. (1) The information required by paragraphs (b) (4) through (6) of this section may be in code, provided: (i) the person or firm issuing the certificate maintains a written record of the meaning of each symbol used in the code, and (ii) the record shall be made available to the distributor, retailer, consumer, and Commission upon request. (2) A serial number may be used in place of a production lot identification on the helmet if it can serve as a code to identify the production lot. 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 [[Page 62679]] manufacturer, may also be in such a code. (d) Placement of the label(s). The information required by paragraphs (b) (2) through (3) must be on one label, unless allowed to be in code. The other required information may be on separate labels. The label(s) required by this section must be affixed to the bicycle helmet. If the label(s) are not immediately visible to the ultimate purchaser of the bicycle helmet prior to purchase because of packaging or other marketing practices, a second label is required. That label shall state, as appropriate, ``Complies with CPSC Safety Standard for Bicycle Helmets for Adults and Children Age 5 and Older'', or ``Complies with CPSC Safety Standard for Bicycle Helmets for Children Under 5 Years''. The additional label 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. (For a helmet that meets the criteria for both an adult helmet and a helmet for children under age 5, the label may state ``Complies with the CPSC Safety Standard for Bicycle Helmets for Persons of All Ages'', or equivalent language.) (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 Sec. 14(a) of the CPSA and this section. (i) 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: (A) the importer is a resident of the United States or has a resident agent in the United States, (B) the records of such tests required by Sec. 1203.41 of Subpart C of this part are maintained in the United States, and (C) such records are available to the Commission upon request to the importer. (ii) Test records may be maintained outside of the United States if they will be provided to the Commission within 48 hours of a request for the records. (2) Responsibility of importer. If the importer relies on tests by the foreign manufacturer to support the certificate of compliance, the importer shall--in addition to complying with paragraph (e(1)of this section--examine the records supplied by the manufacturer to determine that they 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 [1 year after publication of the final rule] and apply to bicycle helmets manufactured 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 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, upon request, to any designated officer or employee of the Commission, in accordance with Sec. 16(b) of the CPSA, 15 U.S.C. 2065(b). (b) Contents of records. Complete test records shall be maintained. Records shall contain the following information. (1) An identification of the bicycle helmets tested; (2) An identification of the production lot; (3) The results of the tests, including the precise nature of any failures; (4) A description of the specific actions taken to address any failures; (5) A detailed description of the tests; (6) The manufacturer's name and address; (7) The model and size of each helmet tested; (8) Identifying information for each helmet tested, including the production lot for each helmet, and the environmental condition under which each helmet was tested; (9) The temperatures in each conditioning environment, and the relative humidity and temperature of the laboratory; (10) The peripheral vision clearance; (11) A description of any failures to conform to any of the labeling and instruction requirements; (12) Performance impact results, stating the location of impact, type of anvil used, velocity prior to impact, and maximum acceleration measured in g's; (13) The results of the positional stability test; (14) The results of the dynamic strength of retention system test; (15) The name and location of the test laboratory; (16) The name of the person(s) who performed the test; (17) The date of the test; and (18) The system check 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. Certification test results may be kept on paper, microfiche, computer disk, or other retrievable media. Where records are kept on computer disk or other retrievable media, the records shall be made available to the Commission on paper copies, or via electronic mail in the same format as paper copies, upon request. Subpart D--Bicycle Helmets Manufactured From March 16, 1995, Through Date That Is 1 Year After the Final Rule Is Issued Sec. 1203.51 Purpose and basis. The purpose and basis of this rule is to protect bicyclists from head injuries by ensuring that bicycle helmets comply with the requirements of appropriate existing voluntary standards, as provided in 15 U.S.C. 6004(a). Sec. 1203.52 Scope and effective date. (a) Bicycle helmets manufactured after March 16, 1995, through the date that is 1 year after issuance of the final standard (Subparts A, B, and C) shall comply with the requirements of one of the standards specified in Sec. 1203.53. This requirement shall be considered a consumer product safety standard issued under the Consumer Product Safety Act. (b) The term ``bicycle helmet'' is defined at Sec. 1203.4(b). (c) These interim mandatory safety standards will not apply to bicycle helmets manufactured after the effective date of the final bicycle helmet standard. Sec. 1203.53 Interim safety standards. (a) Bicycle helmets must comply with one or more of the following standards, which are incorporated herein by reference: (1) American National Standards Institute (ANSI) standard Z90.4- 1984, Protective Headgear for Bicyclists, (2) ASTM standards F 1447-93 or F 1447-94, Standard Specification for Protective Headgear Used in Bicycling, incorporating the relevant provisions of ASTM F 1446-93 or ASTM F 1446-94, Standard Test Methods for Equipment and Procedures Used in Evaluating the Performance Characteristics of Protective Headgear, respectively, (3) Canadian Standard Association standard, Cycling Helmets--CAN/ CSA-D113.2-M89, (4) Snell Memorial Foundation (Snell) 1990 Standard for Protective Headgear for Use in Bicycling (designation B-90), (5) Snell 1990 Standard for Protective Headgear for Use in Bicycling, including [[Page 62680]] March 9, 1994 Supplement (designation B-90S), (6) Snell 1994 Standard for Protective Headgear for Use in Non- Motorized Sports (designation N-94), or (7) Snell 1995 standard for Protective Headgear for Use with Bicycles B-95. (b) This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of the standards may be obtained as follows. Copies of the ANSI Z90.4 standard are available from: American National Standards Institute, 11 W. 42nd Street, 13th Floor, New York, NY 10036. Copies of the ASTM standards are available from: ASTM, 1916 Race Street, Philadelphia, PA 19103. Copies of the Canadian Standards Association CAN/CSA-D113.2-M89 standard are available from: CSA, 178 Rexdale Boulevard, Rexdale (Toronto), Ontario, Canada, M9W 1R3. Copies of the Snell standards are available from: Snell Memorial Foundation, Inc., P.O. Box 493, 7 Flowerfield, Suite 28, St. James, New York 11780. Copies may be inspected at the Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814, or at the Office of the Federal Register, 800 N. Capitol Street NW, Room 700, Washington, DC. 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Dated: November 13, 1995. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. [FR Doc. 95-28761 Filed 12-5-95; 8:45am] BILLING CODE 6355-01-C