S.Amdt. 4092Senate110th Congress (2007-2009)

To encourage and ensure the use of safe equestrian helmets, and for other purposes.

What it does: Adds SEC. 40. EQUESTRIAN HELMETS on page 103, line 12
Submitted March 4, 2008

What it changes

1 change to S. 2663

Adds a section
  1. Adds SEC. 40. EQUESTRIAN HELMETS on page 103, line 12

    Adds a sectionPrinted page

    Inserted: SEC. 40. EQUESTRIAN HELMETS.

    Inserted: (a) Standards.--

    Inserted: (1) In general.--Every equestrian helmet manufactured on or after the date that is 9 months after the date of the enactment of this Act shall meet--

    Inserted: (A) the interim standard specified in paragraph (2), pending the establishment of a final standard pursuant to paragraph (3); and

    Inserted: (B) the final standard, once that standard has been established under paragraph (3).

    Inserted: (2) Interim standard.--The interim standard for equestrian helmets is the American Society for Testing and Materials (ASTM) standard designated as F 1163.

    Inserted: (3) Final standard.--

    Inserted: (A) Requirement.--Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code--

    Inserted: (i) to establish a final standard for equestrian helmets that incorporates all the requirements of the interim standard specified in paragraph (2);

    Inserted: (ii) to provide in the final standard a mandate that all approved equestrian helmets be certified to the requirements promulgated under the final standard by an organization that is accredited to certify personal protection equipment in accordance with ISO Guide 65; and

    Inserted: (iii) to include in the final standard any additional provisions that the Commission considers appropriate.

    Inserted: (B) Inapplicability of certain laws.--Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, and 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.

    Show 9 more inserted paragraphs

    Inserted: (C) Effective date.--The final standard shall take effect not later than 1 year after the date it is issued.

    Inserted: (4) Failure to meet standards.--

    Inserted: (A) Failure to meet interim standard.--Until the final standard takes effect, an equestrian helmet that does not meet the interim standard, required under paragraph (1)(A), shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act.

    Inserted: (B) Status of final standard.--The final standard developed under paragraph (3) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.

    Inserted: (b) Definitions.--In this section:

    Inserted: (1) Approved equestrian helmet.--The term "approved equestrian helmet" means an equestrian helmet that meets--

    Inserted: (A) the interim standard specified in subsection (a)(2), pending establishment of a final standard under subsection (a)(3); and

    Inserted: (B) the final standard, once it is effective under subsection (a)(3).

    Inserted: (2) Equestrian helmet.--The term "equestrian helmet" means a hard shell head covering intended to be worn while participating in an equestrian event or activity.

    Original wording

    On page 103, after line 12, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 103, after line 12, add the following:

SEC. 40. EQUESTRIAN HELMETS.

(a) Standards.--

(1) In general.--Every equestrian helmet manufactured on or after the date that is 9 months after the date of the enactment of this Act shall meet--

(A) the interim standard specified in paragraph (2), pending the establishment of a final standard pursuant to paragraph (3); and

(B) the final standard, once that standard has been established under paragraph (3).

(2) Interim standard.--The interim standard for equestrian helmets is the American Society for Testing and Materials (ASTM) standard designated as F 1163.

(3) Final standard.--

(A) Requirement.--Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code--

(i) to establish a final standard for equestrian helmets that incorporates all the requirements of the interim standard specified in paragraph (2);

(ii) to provide in the final standard a mandate that all approved equestrian helmets be certified to the requirements promulgated under the final standard by an organization that is accredited to certify personal protection equipment in accordance with ISO Guide 65; and

(iii) to include in the final standard any additional provisions that the Commission considers appropriate.

(B) Inapplicability of certain laws.--Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, and 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.

(C) Effective date.--The final standard shall take effect not later than 1 year after the date it is issued.

(4) Failure to meet standards.--

(A) Failure to meet interim standard.--Until the final standard takes effect, an equestrian helmet that does not meet the interim standard, required under paragraph (1)(A), shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act.

(B) Status of final standard.--The final standard developed under paragraph (3) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act.

(b) Definitions.--In this section:

(1) Approved equestrian helmet.--The term “approved equestrian helmet” means an equestrian helmet that meets--

(A) the interim standard specified in subsection (a)(2), pending establishment of a final standard under subsection (a)(3); and

(B) the final standard, once it is effective under subsection (a)(3).

(2) Equestrian helmet.--The term “equestrian helmet” means a hard shell head covering intended to be worn while participating in an equestrian event or activity.

Legislative Activity

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4 earlier actions
Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 4092 proposed by Senator Pryor for Senator Dodd.(consideration: CR S1693-1696)

March 6, 2008

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Floor

Senate amendment proposed (on the floor): Amendment SA 4092 proposed by Senator Pryor for Senator Dodd.(consideration: CR S1693-1696)

March 6, 2008

Floor

Senate amendment agreed to: Amendment SA 4092 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S1694)

March 6, 2008

Floor

Amendment SA 4092 proposed by Senator Pryor for Senator Dodd. (consideration: CR S1693-1696) To encourage and ensure the use of safe equestrian helmets, and for other purposes.

March 6, 2008

Floor

Amendment SA 4092 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S1694)

March 6, 2008

Floor

Senate amendment submitted

March 4, 2008