Federal Motor Vehicle Safety Standards; Motorcycle Helmets |
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Topics: Federal Motor Vehicle Safety Standards
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Christopher J. Bonanti
National Highway Traffic Safety Administration
August 13, 2012
[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Rules and Regulations]
[Page 48105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19763]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2012-0112]
Federal Motor Vehicle Safety Standards; Motorcycle Helmets
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; grant of petition for reconsideration.
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SUMMARY: This document responds to a petition for reconsideration of a
final rule issued by this agency on May 13, 2011. The final rule
amended the Federal Motor Vehicle Safety Standard for motorcycle
helmets. Specifically, the final rule amended the helmet labeling
requirements and compliance test procedures in order to make it more
difficult to misleadingly label novelty helmets and to aid the agency
in enforcing the standard. This document addresses issues raised in a
petition for reconsideration relating to early compliance with the
amended requirements.
DATES: Effective date: The effective date of the final rule amending 49
CFR part 571 published at 76 FR 28132, May 13, 2011, is May 13, 2013.
Compliance date: Voluntary early compliance with the final rule
amending 49 CFR part 571 published at 76 FR 28132, May 13, 2011, is
permitted as of August 13, 2012 if all of the amended requirements of
the final rule are met.
Petitions for reconsideration must be received by September 27,
2012.
ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
For policy and technical issues: Mr. Check Kam, Office of
Rulemaking, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-7002.
For legal issues: Mr. William H. Shakely, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petition for Reconsideration and Agency's Response
I. Background
On May 13, 2011, NHTSA published a final rule amending the helmet
labeling requirements and compliance test procedures of FMVSS No. 218,
Motorcycle helmets, in order to make it more difficult to misleadingly
label novelty helmets and to aid the agency in enforcing the
standard.\1\ Specifically, the final rule required a single, enhanced
certification label that the agency believes will discourage the
production, sale, and attachment of labels that misleadingly resemble
legitimate certification labels. The final rule further required that
the size label state the helmet size in discrete, numerical terms in
order to facilitate compliance testing. Additionally, the final rule
amended the retention and impact attenuation test procedures and
adopted helmet conditioning tolerances.
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\1\ Final Rule, Federal Motor Vehicle Safety Standards;
Motorcycle Helmets, 76 FR 28132 (May 13, 2011).
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Two petitions for reconsideration, each dated June 23, 2011, were
received from the Motorcycle Industry Council (MIC), a not-for-profit
national trade association representing manufacturers and distributors
of motorcycles and motorcycle parts and accessories, as well as members
of allied trades. The first petition requested that the agency include
in the preamble a statement permitting voluntary early compliance prior
to the effective date of May 13, 2013. This document responds to that
petition.
The second petition requested that the definition of ``discrete
size'' in FMVSS No. 218 be amended by adding language requiring that
this value reflect the actual size of the helmet. MIC also submitted a
clarification of its second petition, which noted various issues
regarding the measurement of ``discrete size.'' The agency will respond
to this petition in a separate, forthcoming document.
II. Petition for Reconsideration and Agency's Response
MIC requested that the agency include in the preamble a statement
permitting voluntary early compliance prior to the effective date of
May 13, 2013, stating that such a provision is usually included in
final rules with safety benefits. MIC asserted that allowing immediate
voluntary compliance would serve to accelerate the goals of the rule
and would provide needed flexibility to motorcycle helmet manufacturers
seeking to introduce helmets complying with the amended requirements on
a gradual basis, rather than having to stockpile inventory until the
effective date.
Agency Response--NHTSA is granting MIC's petition and is including
a provision in the DATES section of this document permitting voluntary
early compliance with the amended requirements of 49 CFR 571.218
established by the May 13, 2011 final rule. We emphasize that a helmet
manufactured to meet the amended requirements of FMVSS No. 218 before
the effective date must meet all of the amended labeling and
performance requirements.
Issued on: August 6, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-19763 Filed 8-10-12; 8:45 am]
BILLING CODE 4910-59-P