G/TBT/N/USA/993  
 
29 May 2015  
(15-2787)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: National Highway Traffic Safety Administration (NHTSA), Department 
of Transportation (DOT) [1011] 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
Please submit comments to: USA WTO TBT Enquiry Point 
Email: ncsci@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10 .1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:  
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable): Motorcycle helmets. 
Protective equipment (ICS: 13.340) 
5. Title, number of pages and langua ge(s) of the notified document: Federal Motor 
Vehicle Safety Standards; Motorcycle Helmets (31 pages, in English)  
6. Description of content: This document sets forth an interpretation of the definition of 
"motor vehicle equipment" in the United States Code, as amended by the Moving Ahead 
for Progress in the 21st Century (MAP-21) Act, and requests comments on two proposed changes to the motorcycle helmet safety standard, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 218. Continued high levels of motorcycle related fatalities, the ongoing use of 
novelty helmets by motorcyclists and the poor performance of these helmets in tests and crashes have prompted the agency to clarify the status of such helmets under federal law to ensure that all relevant legal requirements are readily enforceable. All helmets that are 
sold to, and worn on the highway by, motorcyclists and that, based on their design and/or 
other factors, have the apparent purpose of protecting highway users are motorcycle helmets subject to the jurisdiction and standard of the National Highway Traffic Safety 
Administration ("NHTSA" or "agency").  
NHTSA is simultaneously proposing to amend its helmet standard, FMVSS No. 218. First, 
NHTSA is proposing to add a definition of "motorcycle helmet." Second, we are proposing 
to modify the existing performance requirem ents of the standard by adding a set of 
dimensional and compression requirements. These requirements and the associated test procedures would identify those helmets whose physical characteristics indicate that they likely cannot meet the existing performance re quirements of the standard. Third, we are 
incorporating an optional alternative compliance process for manufacturers whose helmets 
do not comply with the proposed dimensional and compression requirements, but do comply with the performance requirements and all other aspects of FMVSS No. 218. 
NHTSA will publish a list of helmets that have complied with the alternative compliance 
process and can therefore be certified by thei r manufacturers. This document is the result 
of the agency's assessment of other actions that could be taken to increase further the 
percentage of motorcyclists who wear helmets that comply with the helmet standard. G/TBT/N/USA/993 
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of human health or safety  
8. Relevant documents: 80 Federal Register (FR) 29457, 21 May 2015; Title 49 Code of 
Federal Regulations (CFR) Part 571. Will appear in the Federal Register when adopted. 
9. Proposed date of adoption: To be determined 
Proposed date of entry into force: To be determined   
10. Final date for comments: 20 July 2015 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
https://members.wto.org/crnattachm ents/2015/TBT/USA/15_2113_00_e.pdf