[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Notices]
[Pages 39149-39150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18690]
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CONSUMER PRODUCT SAFETY COMMISSION
Notification of Request for Reinstatement of Approval of
Information Collection Requirements--Safety Standard for Bicycle
Helmets
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: In the Federal Register of March 21, 2001 (66 FR 15847), the
Consumer Product Safety Commission published a notice in accordance
with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35) to announce the agency's intention to seek an extension of
approval of the collection of information in the safety standard for
bicycle helmets (16 CFR part 1203). These regulations establish testing
and recordkeeping requirements for manufacturers and importers of
bicycle helmets subject to the standard. One comment, discussed below,
was received from Troxel Cycling and Fitness, LLC (``Troxel''). The
Commission now announces that it has submitted to the Office of
Management and Budget a request for reinstatement of approval of that
collection of information without change for a period of three years
from the date of approval.
SUPPLEMENTARY INFORMATION: In 1994, Congress passed the ``Child Safety
Protection Act,'' which, among other things, included the ``Children's
Bicycle Helmet Safety Act of 1994'' (Pub. L. 103-267, 108 Stat. 726).
This law directed the Commission to issue a final standard applicable
to bicycle helmets that would replace several existing voluntary
standards with a single uniform standard that would include provisions
to protect against the risk of helmets coming off the heads of bicycle
riders, address the risk of injury to children, and cover other issues
as appropriate. The Commission issued the final bicycle helmet standard
in 1998. It is codified at 16 CFR part 1203.
The standard requires all bicycle helmets manufactured after March
10, 1999, to meet impact-attenuation and other requirements. The
standard also contains testing and recordkeeping requirements to ensure
that bicycle helmets meet the standard's requirements. Certification
regulations implementing the standard require manufacturers, importers,
and private labelers of bicycle helmets subject to the standard to (1)
perform tests to demonstrate that those products meet the requirements
of the standard, (2) maintain records of those tests, and (3) affix
permanent labels to the helmets stating that the helmet complies with
the applicable standard. The certification regulations are codified at
16 CFR part 1203, Subpart B.
The Commission uses the information compiled and maintained by
manufacturers, importers, and private labelers of bicycle helmets
subject to the standard to help protect the public from risks of injury
or death due to head injury associated with bicycle riding. More
specifically, this information helps the Commission determine whether
bicycle helmets subject to the standard comply with all applicable
requirements. The Commission also uses this information to obtain
corrective actions if bicycle helmets fail to comply with the standard
in a manner that creates a substantial risk of injury to the public.
Troxel comments that it generally supports the standard and the
need for the Commission to enforce the standard. Troxel's specific
comments and CPSC's responses are discussed below.
(1) First, Troxel comments that the Commission's estimate in the
first Federal Register notice of an average annual burden of 1000 hours
per manufacturer or importer may be too high. This would be because
firms with only one or two models would need to test less, and firms
that have been doing some level of testing to a voluntary standard
would not have a large amount of additional work to test to the CPSC
standard.
In response to this comment CPSC points out that the estimate of
burden hours is based on an estimate of the total burden to the
industry. The Commission recognizes that some firms may have a larger
burden and some would have a smaller burden.
(2) Troxel comments that a full annual series of tests should not
be required unless there is a significant change in the design or
manufacture of the product.
In response, CPSC notes that testing for certification under the
regulation is done by production lot; there is no requirement for
annual testing. Manufacturers and importers may define their own
reasonable testing programs by production lots. It is their
responsibility to determine how the production lot is defined. Sample
bicycle helmets from each production lot are tested to all the
requirements of the standard prior to the production lot being
certified as complying. Whenever there is a change in parts, suppliers
of parts, or production methods, and the change could affect the
ability of the helmet to comply with the standard, the manufacturer
must establish a new production lot for testing.
[[Page 39150]]
(3) Troxel comments that only electronic records of the test should
be required, and not paper copies.
The records required by the certification requirements of the
regulation 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.
The records can be made available to the Commission upon request on
paper, or via electronic mail, in the same format as paper copies.
4. Troxel contends that ``bicycle helmets are manufactured and
advertised as single-impact products. Once a helmet receives a
significant blow, it should be replaced. Despite this, the standard
calls for four impacts to each of four test helmets. No matter how
carefully the later impact locations are selected, the early impacts do
limit the capabilities of the helmet during later impacts.'' Troxel
asserts that most helmets that are involved in accidents receive either
a single impact or two impacts. Almost never are there three or more
impacts to the helmet in any accident. Troxel suggests that the number
of impacts per helmet be reduced to two, and that the number of test
helmets be doubled so that a set of test helmets receives the same
number of total impacts.
The CPSC bicycle helmet standard was initiated by the Children's
bicycle Helmet Safety Act of 1994. (Pub. L. 103-267, 108 Stat. 726.)
This Act directed the Commission to review existing voluntary standards
for bicycle helmets and, based on that review, establish a CPSC
mandatory standard. The voluntary standards at the time, and every
previous and subsequent edition of these standards, specify four
impacts per helmet. The requirement for four impacts during testing
assures a level of performance for the helmet design and is not
intended to mirror actual use conditions. During development of this
regulation, the details of the testing procedures were examined
thoroughly and the interested parties, including Troxel, had the
opportunity to comment on the tests during the comment period. In
response to concerns that the curbstone impact test was severe and did
affect the results of subsequent impacts, that test is performed on a
separate helmet, but the other impacts are performed on a single
sample. The locations of the four impacts are specified to minimize the
effects of prior impacts on subsequent ones, and testing during the
development of the standard confirmed this. To perform the four impacts
on two samples instead of one would constitute a late change in the
scope of the testing that was defined and confirmed during development
of the regulation. Four impacts with the required separation provide an
economical as well as practical means of evaluating the safety of
today's helmets.
Studies have shown that bicycle helmets that conform to one or more
of the voluntary standards are very effective in reducing the chance of
serious head and brain injuries. The Harborview Injury Prevention and
Research Center conducted two studies that are often cited. Harborview
reported that a bike helmet that conforms to a voluntary standard can
reduce the risk of head injury by up to 85 percent and reduce the risk
of brain injury by up to 88 percent. A reduction in the number of
impacts per helmet from four to two would be a significant deviation
from the test procedure that has been in use for bicycle helmets for
over 15 years.
Additional Information About the Request for Reinstatement of
Approval of Information Collection Requirements
Agency address: Consumer Product Safety Commission, Washington, DC
20207.
Title of information collection: Safety Standard for Bicycle
Helmets (16 CFR Part 1203).
Type of request: Reinstatement of approval.
General description of respondents: Manufacturers, importers, and
private labelers of bicycle helmets.
Estimated number of respondents: 30.
Estimated average number of hours per respondent: 1,000 hours per
year.
Estimated cost of collection for all respondents: Unknown.
Comments: Comments on this request for reinstatement of approval of
information collection requirements should be submitted by August 27,
2001 to (1) The Office of Information and Regulatory Affairs, Attn: OMB
Desk Officer for CPSC, Office of Management and Budget, Washington DC
20503; telephone: (202) 395-7340, and (2) the Office of the Secretary,
Consumer Product Safety Commission, Washington, DC 20207. Written
comments may also be sent to the Office of the Secretary by facsimile
at (301) 504-0127 or by e-mail at [email protected]. Copies of this
request for extension of the information collection requirements and
supporting documentation are available from Linda Glatz, management and
program analyst, Office of Planning and Evaluation, Consumer Product
Safety Commission, Washington, DC 20207; telephone: (301) 504-0416,
extension 2226, or by e-mail to [email protected].
Dated: July 23, 2001.
Todd A. Stevenson,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 01-18690 Filed 7-26-01; 8:45 am]
BILLING CODE 6355-01-P