Proposed Rule2025-09712
Federal Motor Vehicle Safety Standards No. 218; Motorcycle Helmets; Withdrawal
Primary source
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Published
May 30, 2025
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on May 21, 2015 proposing amendments to Federal Motor Vehicle Safety Standard (FMVSS) No. 218, "Motorcycle Helmets." The NPRM proposed three main changes to FMVSS No. 218: adding a definition of motorcycle helmet, adding preliminary screening requirements, and adding an alternate compliance process. Based on NHTSA's analysis of the comments received and other considerations, the Agency has decided to withdraw the rulemaking proposal.
Full Text
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<title>Federal Register, Volume 90 Issue 103 (Friday, May 30, 2025)</title>
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[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22990-22991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09712]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2015-0045]
RIN 2127-AL01
Federal Motor Vehicle Safety Standards No. 218; Motorcycle
Helmets; Withdrawal
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: This action withdraws the notice of proposed rulemaking (NPRM)
published in the Federal Register on May 21, 2015 proposing amendments
to Federal Motor Vehicle Safety Standard (FMVSS) No. 218, ``Motorcycle
Helmets.'' The NPRM proposed three main changes to FMVSS No. 218:
adding a definition of motorcycle helmet, adding preliminary screening
requirements, and adding an alternate compliance process. Based on
NHTSA's analysis of the comments received and other considerations, the
Agency has decided to withdraw the rulemaking proposal.
DATES: The NPRM published in the Federal Register on May 21, 2015, at
80 FR 29458, is withdrawn as of May 30, 2025.
ADDRESSES: National Highway Traffic Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
James Myers at <a href="/cdn-cgi/l/email-protection#d4beb5b9b1a7fab9adb1a6a794b0bba0fab3bba2"><span class="__cf_email__" data-cfemail="1379727e76603d7e6a76616053777c673d747c65">[email protected]</span></a>. For legal issues, you may contact
John Piazza at <a href="/cdn-cgi/l/email-protection#99d3f6f1f7b7c9f0f8e3e3f8d9fdf6edb7fef6ef"><span class="__cf_email__" data-cfemail="81cbeee9efafd1e8e0fbfbe0c1e5eef5afe6eef7">[email protected]</span></a>. You can reach these officials by
phone at 202-366-1810.
SUPPLEMENTARY INFORMATION:
I. Summary of the Notice of Proposed Rulemaking
II. Comments Received
III. Decision To Withdraw Rulemaking
I. Summary of the Notice of Proposed Rulemaking
On May 21, 2015, NHTSA published an NPRM \1\ proposing three
changes to FMVSS No. 218: adding a definition of motorcycle helmet,
adding preliminary screening requirements and adding an alternate
compliance process.
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\1\ 80 FR 29458.
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The proposed definition of ``motorcycle helmet'' stated that ``hard
shell headgear'' meeting any of four conditions would be considered
motorcycle helmets. First, a helmet would be a motorcycle helmet if it
is manufactured or offered for sale with the apparent purpose of
safeguarding highway users against risk of accident, injury, or death.
Second, a helmet would be a motorcycle helmet if it is manufactured or
sold by entities also dealing in certified helmets or other motor
vehicle equipment and apparel for motorcycles or motorcyclists. Third,
a motorcycle helmet described or depicted as a motorcycle helmet in
packaging, promotional information or advertising would be a motorcycle
helmet. The fourth criterion proposed that helmets presented for
importation as motorcycle helmets in the Harmonized Tariff Schedule are
also motorcycle helmets. To foreclose the possibility that hard shell
headgear not intended for on-road use would be captured under the
foregoing conditions, NHTSA proposed that the new definition exempt
helmets meeting recognized safety standards for off-highway uses from
the class of helmets deemed to be motorcycle helmets.
The NPRM also proposed changes to the criteria helmets must meet to
comply with FMVSS No. 218 by proposing a set of threshold requirements
to distinguish helmets that qualify for further testing to the existing
performance requirements of the Standard from helmets whose physical
characteristics are such that they cannot meet those performance
requirements using known technologies. These threshold requirements,
described as preliminary screening requirements, proposed liner
thickness and compression requirements that all motorcycle helmets must
meet and would allow either field or courtroom
[[Page 22991]]
examinations using simple tools to establish if a helmet could meet the
performance requirements of FMVSS No. 218.
II. Comments Received
NHTSA received 343 comments in response to the NPRM. Comments from
individuals represented the overwhelming number of comments. Almost all
the individual comments opposed the proposals in the NPRM. These
comments, in general, did not reflect consideration of the actual
proposals in the NPRM. They largely voiced opposition to State helmet
laws, opposed government regulation in general, and expressed concerns
that helmet laws or regulations are pretext for harassment of
motorcyclists. A motorcycle industry trade group, a helmet
manufacturer, various safety organizations, a law enforcement
organization, a test facility, and motorcyclist advocacy groups also
submitted comments. Except for the motorcyclist advocacy groups, the
foregoing entities supported the proposals in the NPRM with some
raising either technical or practical concerns about different aspects
of the proposals.
The safety organizations and law enforcement organization were
supportive of the proposed definition. A motorcycle industry trade
group stated support of the proposed definition noting that ``the
proposed definition makes a critical distinction to close the novelty
helmet loophole.'' However, one safety organization commented that the
amendments would not reduce the sale or use of novelty helmets or help
law enforcement, but provided no support for their opinion.
Many commenters, including a helmet manufacturer, were concerned
that a proposed energy-absorbing liner thickness standard in the
screening requirements would hinder innovation. On the other hand,
others acknowledged that thinner liners did not appear to be
technically feasible. Some commenters were concerned that compliant
helmets would be rendered noncompliant under the new thickness
requirements and some indicated that helmet thickness does not
correlate to helmet safety.
Several commenters expressed concerns that the tools proposed for
the preliminary screening test would be unduly prescriptive and
impractical. Other commenters had specific questions about how and
where certain measurements would be taken. Finally, one law enforcement
organization commented that the proposed screening criteria/tools may
hinder enforcement and place police officers at risk.
III. Decision To Withdraw Rulemaking
Based on the comments NHTSA received regarding some of the tools
specified in the proposal to evaluate the preliminary screening
requirements and the feasibility of the screening criteria, NHTSA has
decided to withdraw this rulemaking. NHTSA plans to conduct other
activities to identify options and approaches for reducing the use of
novelty helmets by highway users, including training law enforcement
officers for identifying novelty helmets and recently updating NHTSA's
website with information for the public regarding the safety benefits
of certified motorcycle helmets over novelty helmets. NHTSA will also
continue to monitor the marketplace to determine if new or innovative
technologies are introduced that enable thinner impact attenuating
liners to meet the proposed criteria. It may be necessary to perform
additional market research on helmet thickness. Furthermore, NHTSA will
continue to monitor the safety issues raised by novelty helmet use and
consider development of new test methods and tools to meet the NHTSA's
objectives. Accordingly, NHTSA withdraws the proposed amendment of the
safety standard for motorcycle helmets because a rulemaking action is
not anticipated in the near future.
The NPRM contained in docket number NHTSA-2015-0045, as published
in the Federal Register on May 21, 2015, at 80 FR 29458, is hereby
withdrawn.
Issued under authority delegated in 49 CFR 1.95 and 501.4 and
501.5.
Peter Simshauser,
Chief Counsel.
[FR Doc. 2025-09712 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-59-P
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