[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 (Sec. Sec. 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