(a) In general Bicycle helmets manufactured 9 months or more after June 16, 1994, shall conform to
(1) any interim standard described under subsection (b) of this section, pending the establishment of a final standard pursuant to subsection (c) of this section; and
(2) the final standard, once it has been established under subsection (c) of this section.
(b) Interim standards The interim standards are as follows:
(1) The American National Standards Institute standard designated as Z90.41984.
(2) The Snell Memorial Foundation standard designated as B90.
(3) The American Society for Testing and Materials (ASTM) standard designated as F 1447.
(4) Any other standard that the Commission determines is appropriate.
(c) Final standard Not later than 60 days after June 16, 1994, the Commission shall begin a proceeding under section
553 of title
5 to
(1) review the requirements of the interim standards set forth in subsection (a) of this section 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. Sections 7, 9, and 30(d)1 of the Consumer Product Safety Act (
15 U.S.C.
2056,
2058,
2079 (d)) shall not apply to the proceeding under this subsection and section 11 of such Act (
15 U.S.C.
2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued.
(d) Failure to meet standards
(1) Failure to meet interim standard Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) of this section shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act [
15 U.S.C.
2051 et seq.].
(2) Status of final standard
The final standard developed under subsection (c) of this section shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.
