[Federal Register: August 26, 2005 (Volume 70, Number 165)]
[Rules and Regulations]
[Page 50901-50907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au05-24]
[[Page 50901]]
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Part V
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91 et al.
FAA-Approved Child Restraint Systems; Final Rule
[[Page 50902]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125, and 135
[Docket No. FAA-2005-22045; Amendment Nos. 91-289, 121-314, 125-48, and
135-100]
RIN 2120-AI36
FAA-Approved Child Restraint Systems
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The Federal Aviation Administration (FAA) is amending its
operating regulations to allow the use, on board aircraft, of Child
Restraint Systems (CRSs) that are approved by the FAA through a Type
Certificate, Supplemental Type Certificate, or Technical Standard
Order. Current FAA regulations do not allow the use of CRSs other than
those that meet specific standards for the automobile environment. The
intended effect of this regulation is to reduce the regulatory burden
to industry while maintaining or increasing safety.
DATES: This final rule is effective September 26, 2005. Comments must
be filed on or before September 26, 2005.
ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. You must identify the docket number FAA-
2005-22045 at the beginning of your comments, and you should file two
copies of your comments.
You may also file comments through the Internet to http://dms.dot.gov.
You may review the public docket containing comments to
these regulations in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Dockets
Office is on the plaza level of the NASSIF Building at the Department
of Transportation at the above address. Also, you may review public
dockets on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Federal Aviation
Administration, Flight Standards Service, Certificate Management
Office, 2800 N. 44 Street, Suite 450, Phoenix, AZ 85008, telephone
(602) 379-4350, e-mail nancy.l.claussen@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA is adopting this final rule without prior notice and prior
public comment. The Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 1134; February 26, 1979),
however, provide that, to the maximum extent possible, operating
administrations for the DOT should provide an opportunity for public
comment on regulations issued without prior notice. Therefore, we
invite interested persons to participate in this rulemaking by filing
such written data, views, or arguments, as they may desire. We also
invite comments about environmental, energy, federalism, or
international trade impacts that might result from this amendment.
Please include the regulatory docket or amendment number and send two
copies to the address above. We will file all comments received, as
well as a report summarizing each substantive public contact with FAA
personnel on this rulemaking, in the public docket. The docket is
available for public inspection before and after the comment closing
date.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
The FAA will consider all comments received on or before the
closing date for comments. We will consider late comments to the extent
practicable. We may amend this final rule in light of the comments
received.
Commenters who want the FAA to acknowledge receipt of their
comments submitted in response to this final rule must include a
preaddressed, stamped postcard with those comments on which the
following statement is made: ``Comments to Docket No. FAA-2005-22045.''
The postcard will be date-stamped by the FAA and mailed to the
commenter.
Availability of Final Rule
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the FAA's Regulations and Policies Web page at http://
http://www.faa.gov/regulations_policies; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBRFA on the Internet at our site, http://www.faa.gov/avr/arm/sbrefa.cfm
.
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
The FAA is issuing this rulemaking under the authority described in
subtitle VII, part A, subpart i, section 40101. Under that section, the
FAA is charged with developing and maintaining a sound regulatory
system that is responsive to the needs of the public and in which
decisions are reached promptly to make it easier to adapt the air
transportation system to the present and future needs of the commerce
of the United States.
Purpose of Final Rule
Current FAA regulations require that, to be used on aircraft, a CRS
meet Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child
restraint systems (49 CFR 571.213), meet the standards of the United
Nations, or be approved by a foreign government. FMVSS No. 213
regulates the certification of CRSs for use in trucks and automobiles.
It is illegal to sell CRSs for use in motor vehicles that are not
properly certified to FMVSS No. 213. Since FMVSS No. 213 CRSs are used
in automobiles and trucks, these are the types of CRSs a parent or
guardian is most likely to own. Therefore, these are the types of CRSs
[[Page 50903]]
most likely to be carried onto an airplane by a parent or guardian. The
FAA has found, however, that many of the CRSs that meet FMVSS No. 213
requirements do not perform optimally in the aircraft environment.
However, as stated in the preamble to Amendment No. 121-255, Child
Restraint Systems, ``While some forward facing child restraint devices
do not provide a desired level of protection in a worst case survivable
aircraft crash, there are no better alternatives available at this
time.'' (61 FR 28418; June 4, 1996)
To improve the safety of children, the FAA is amending its
regulations to allow the use of alternative CRSs that improve the
restraint system for children otherwise belted only with a lap belt,
subject to special approval by the FAA. This approval will occur using
the type certificate (TC), supplemental type certificate (STC) or
Technical Standard Order (TSO) process. For more information on how the
FAA will assure that FAA-approved CRSs demonstrate efficacy, see the
preamble discussion under ``FAA Approval Process.''
Currently, operators wanting to use CRSs that are approved by the
FAA through a TC, STC, or TSO, need to petition for an exemption to use
such restraints. This final rule allows the use of CRSs that have
received FAA approval through a TC, STC, or TSO without having to go
through an additional process to get an exemption from our operating
rules. If the FAA did not go forward with this final rule, an operator
would have to petition the FAA for an exemption to use a CRS the FAA
has already found to be safe through the TC, STC, or TSO process
because the FAA-approved CRS would not have the required labeling. The
FAA believes this final rule will reduce an administrative burden and
encourage the development of innovative CRSs, while ensuring safety
through the TC, STC, and TSO processes.
Existing CRS Standards
During the latter half of 1982, DOT had two standards for CRSs.
CRSs for use in motor vehicles had to be certified as complying with
the requirements of FMVSS No. 213. CRSs for use in aircraft had to be
certified as complying with the requirements of FAA's TSO C100. In
early 1983, the National Transportation Safety Board considered the
safety problems posed for young children traveling in motor vehicles
and aircraft and urged that a variety of actions be taken to promote
the increased use of CRSs. One recommendation called for DOT to
simplify its two different standards setting forth requirements for
CRSs by combining the standards into a single standard. After
considering the benefits that would result from the increased use of
CRSs, the FAA and the National Highway Traffic Safety Administration
(NHTSA) jointly concluded the process of certifying CRSs for use in
both motor vehicles and aircraft could and should be simplified. The
agencies proposed that NHTSA would be the sole agency responsible for
administering the new FMVSS No. 213, which would be applicable to both
CRSs designed for use in motor vehicles and CRSs designed for use in
aircraft.
On October 15, 1992, the FAA broadened the categories of CRSs that
were allowed to be used on aircraft to include CRSs that meet the
standards of the United Nations or are approved by a foreign government
(57 FR 42662; September 15, 1992). NHTSA does not set these standards.
In the preamble, the FAA stated ``Using these restraints in an aircraft
will provide a level of safety greater than that which would be
provided if the young children were held in the arms of adults or if
safety belts alone were used.'' (57 FR 42664)
In 1994, the FAA issued a study, included in the docket, entitled,
``The Performance of Child Restraint Devices in Transport Airplane
Seats'' (the CAMI study). Among the findings, the CAMI study found
that, as a class of child restraint devices, shield-type booster seats,
in combination with other factors, contributed to an adbominal pressure
measurement higher than in other means of protection while not
preventing a head impact. In addition, the CAMI study found that vest-
and harness-type devices allowed excessive forward body excursion,
resulting in the test dummy sliding off the front of the seat with a
high likelihood of the child's entire body impacting the seat back of
the seat directly in front of it. For more information on the CAMI
Study, see the preamble discussion under ``CAMI Study.''
In a final rule dated June 4, 1996, the FAA withdrew FAA approval
for the use of booster seats and vest- and harness-type CRSs based on
the results of the CAMI study (61 FR 28416). However, in the final rule
preamble the FAA stated ``at this time, booster seats and vest- and
harness-type devices put children in a potentially worse situation than
the allowable alternatives. If in the future a manufacturer designs
such a device that the FAA determines is a safe alternative, it will
review the prohibition.'' (61 FR 28419)
On July 16, 2002 the FAA issued TSO C100b, Child Restraint System.
For more information on this current TSO, see the preamble discussion
under ``FAA Approval Processes.''
CAMI Study
The research for the CAMI study involved dynamic impact tests with
a variety of CRSs installed in transport category aircraft passenger
seats. Some of the tests were configured to represent a typical multi-
row seat installation and included testing the effects of an adult
occupant impact against the back of a seat in which a CRS was
installed. The tests also investigated other aspects of CRS use in
aircraft, including whether they fit within an aircraft passenger seat
and their ease of installation.
The CAMI study made the following findings:
1. Rear-facing CRSs, for children under 20 pounds, performed well,
protected the child, and could be adequately restrained with existing
aircraft seat belts.
2. All eight forward-facing CRSs that were tested, for children
from 20-40 pounds, when restrained with aircraft seat belts and
subjected to the 16g longitudinal aircraft deceleration, failed to
prevent the head from impacting the forward seatback. Routing the
aircraft seat belt through a forward-facing CRS and buckling, adjusting
proper tension, and unbuckling it was difficult, leading to the
conclusion that some CRSs might not be easily and adequately secured to
aircraft seats.
3. Normal lap belts, for children who weighed 33 pounds, provided
adjustable tight fit, a belt path over the pelvic bone, and no
indication of submarining or roll out during dynamic tests. However,
because lap belts are not designed to inhibit upper torso flail, head
impacts against the seat structure that were severe enough to cause
head injury occurred during testing. These impacts were substantially
higher than those exhibited in the forward CRS tests.
4. The child anthropomorphic test dummy (ATD) moved forward and
over the front edge of the seat cushion and proceeded to submarine to
the floor during dynamic testing of harness restraints. Elasticity in
the webbing of the harness and seat belts then pulled the ATD rearward.
These restraints consisted of a torso harness for the child ATD, placed
in its own seat, with the airplane seat belt routed through a loop of
webbing attached to the back of the harness.
You can view dynamic video of the FAA Office of Aerospace Medicine
Report ``The Performance of Child Restraint Devices in Transport
Airplane Passenger Seats'' at: http://www.cami.jccbi.gov/AAM-600/Biodynamics/600Biody.html
.
[[Page 50904]]
Detailed Discussion of the Final Rule
The FAA is broadening the types of CRSs allowed on aircraft to
include CRSs approved by the FAA through TC, STC, or TSO, similar to
when we broadened the types of CRSs allowed on aircraft in 1992. This
rule does not affect the use of CRSs that are already approved for use
on aircraft. (See http: //http://www.faa.gov/passengers/childtips.cfm for FAA
recommendations on choosing the correct CRS for air travel.) If,
however, a parent does not have available an FMVSS No. 213 approved
CRS, a CRS that meets United Nations standards, or a CRS that is
approved by a foreign government, the FAA has determined a CRS approved
through the TC, STC or TSO process will better protect children who
would otherwise be restrained only by a lap belt.
Properly restraining children is difficult. There is a large
variance in muscle development, height, weight, and upper body
strength. While CRSs meeting the FMVSS No. 213 standard do not always
fit well in an aircraft, CRSs meeting this standard markedly improve
the safety of a child in the under 44 pound range who would otherwise
be restrained by a lap belt, or be unrestrained on a parent's lap.
However, because these CRSs are bulky and sometimes difficult to
install properly, many parents or guardians elect to use the standard
aircraft lap belt for their child. The FAA has determined this final
rule will help to make a wider variety of safe CRSs available to be
used by children in the aircraft environment, thereby increasing the
safety of children who would otherwise only be restrained with a lap
belt.
As discussed in the preamble to the 1996 final rule, we are
reviewing the prohibition against certain types of CRSs because we are
aware of one innovative CRS that is safe in the aircraft environment.
This CRS, made by AMSAFE, improves lap belt performance for children
between 22 and 44 pounds who would otherwise be restrained only with
the lap belt. The FAA's Los Angeles Aircraft Certification Office
worked with AMSAFE to issue STC No. ST01781LA on April 15, 2005, for a
simple supplemental adjustable restraint. The STC approves installation
of this device for a specific aircraft make and models and a specific
seat model. A copy of the STC may be found at http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/MainFrame?OpenFrameSet
.
Unlike the harness devices tested in the CAMI study, the AMSAFE
restraint uses an additional belt/shoulder harness that goes around the
seat back and attaches to the passenger lap belt, providing improved
upper torso restraint. The device can be easily stowed and installed
and does not need to be installed by a mechanic. Because of the design
of the CRS and the additional training they will receive, the FAA has
determined it is acceptable for flight attendants to install the CRS in
the passenger seat. As part of the STC process, AMSAFE was required to
submit to the FAA obvious, clear, and concise instructions readily
available to the flight and cabin crew about the proper installation
and use of the CRS.
To reduce the regulatory burden to industry while maintaining or
increasing safety, the FAA is proposing to add regulatory language in
14 CFR parts 91, 121, 125, and 135 that would allow the use of CRSs the
FAA has approved through a TC, STC, or TSO, even if such CRSs are
booster-type or vest- and harness-type CRSs. The FAA anticipates that
other manufacturers with CRSs not meeting FMVSS No. 213 will seek FAA
approval through the TC, STC, or TSO process. As with the AMSAFE
device, we would need to determine if the CRS is a safe alternative to
methods of restraint that are already approved for use on aircraft. In
each case, the CRS will need to be approved by the FAA for use in
specific aircraft.
FAA Approval Processes
Under this final rule, CRSs will be approved via several different
processes: TC; STC; TSO; FMVSS No. 213; foreign governments; or the
standards of the United Nations. Most standards approved by foreign
governments or the United Nations are similar to FMVSS No. 213. Foreign
governments are responsible for determining whether to accept under
their operating regulations CRSs approved by the FAA through TC, STC,
or TSO. However, most countries automatically accept FAA certification
without further review. The TC, STC, and TSO processes address
differences in CRS design and performance. The FAA believes that
allowing several methods of CRS approval will encourage CRS innovation
because each manufacturer will have the ability to select the approval
process that is most appropriate for its CRS, based on CRS design and
proposed equivalent level of safety.
A. TC Process
A TC is an original FAA design approval in which an applicant
applies for, and the FAA issues, a type certificate for a product or a
major design change to a product. A product is an aircraft, an aircraft
engine, or an aircraft propeller. The TC process is appropriate if a
CRS is incorporated into the original aircraft design. 14 CFR part 21
contains the requirements for the issuance of a type certificate or an
amendment to an existing type certificate (http://www.gpoaccess.gov/ecfr/
).
B. STC Process
The final rule allows a specific CRS that has met the STC testing
and evaluation criteria established by the FAA to be used on a specific
type of aircraft operated by a specific operator. Under the STC
process, a CRS manufacturer would approach the FAA to obtain approval,
via STC, for their CRS to be used on specific aircraft. In this way,
the FAA can address novel and unusual design features associated with
any new type of CRS when the applicable regulations do not contain
adequate and appropriate safety standards for the design features of a
CRS that is presented for FAA approval. The STC process is appropriate
for a CRS that does not meet FMVSS No. 213 requirements.
When the FAA considers granting an STC, it publishes the proposed
special conditions in the Federal Register for notice and comment
(http://www.gpoaccess.gov/fr/index.html). These proposed special
conditions contain the additional safety standards the FAA considers
necessary to establish a level of safety equivalent to that established
by existing regulations. The proposed special conditions address the
required performance of the CRS and the capability of the CRS to be
installed and used without creating any safety concerns. As an example
of Special Conditions, you can look at the AMSAFE Special Conditions
that were part of the STC the FAA granted to AMSAFE for their CRS on
April 15, 2005 (70 FR 18271; April 11, 2005).
Pertinent regulations and guidance regarding the STC process are
contained in:
(1) 14 CFR part 21 subpart E, http://www.gpoaccess.gov/ecfr/.
(2) AC 21-40 Application Guide for Obtaining a Supplemental Type
Certificate, http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf
.
C. TSO Process
A TSO is a minimum performance standard issued by the FAA for
specified materials, parts, processes, and appliances used on aircraft.
These performance standards must be used for an applicant to receive
TSO authorization. The current listing of TSO information (http://www.airweb.faa.gov/
[[Page 50905]]
Regulatory--and--Guidance--Library/rgTSO.nsf/MainFrame?OpenFrameSet)
contains a list of authorized manufacturers and articles produced by
TSO Holders under a TSO Authorization or Letter of TSO Design Approval.
The Web site also contains TSO C100b, Child Restraint System. TSO C100b
tells people seeking a TSO Authorization or Letter of Design Approval
what minimum performance standards their CRS must first meet to obtain
FAA approval under the TSO process.
TSO C100b contains standards for performance testing and
evaluation, operating instructions, equipment limitations, installation
procedures and limitations, as well as instructions for continuing
maintenance of the CRS. Unlike the STC, a TSO authorization or letter
of design approval does not give installation approval. Installation
approval must still be obtained via an STC, the FAA field approval
process, TC, or airframe manufacturer's service bulletin.
TSO C100b is a performance standard that is similar to FMVSS No.
213. However, TSO C100b makes the testing more realistic to an aviation
environment, so the chances of a CRS built to the TSO standards
performing ``as tested'' on an aircraft in an accident are greater than
a CRS tested under FMVSS No. 213 standards. At this point, there are
not any CRSs that have been built to TSO C100b standards. The TSO
process would be appropriate if a CRS is similar in design to a CRS
that meets FMVSS No. 213 requirements, and also is designed to meet the
specific aviation performance standards contained in TSO C100b.
Advance Notice of Proposed Rulemaking
On February 18, 1998, the FAA published an Advance Notice of
Proposed Rulemaking (ANPRM) that sought public comment on issues
relating to the use of CRSs in aircraft during all phases of flight (63
FR 8324). The ANPRM did not propose specific regulatory changes.
Rather, it requested comments, data, and analysis to help the FAA
decide the best regulatory approach to ensure the safety of children
who are passengers in aircraft. The FAA has issued a separate document
concerning the ANPRM. That document is being published in the Federal
Register concurrently with this final rule.
FAA CRS Initiatives
This final rule is part of a multi-faceted FAA initiative designed
to encourage the use of CRSs and to encourage the development of
innovative CRSs that work well in the aviation environment. As well as
working to reduce the regulatory burden to operators and CRS
manufacturers by this rulemaking, the FAA has actively worked with CRS
manufacturers who are seeking FAA approval by STC or TSO for innovative
CRS designs. The FAA has also started a public education campaign and
developed more advisory material on the use of CRSs.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no current new information collection requirements associated with
this proposed rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Good Cause for Immediate Adoption
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA) (5 U.S.C. Sections 553(b)(3)(B) and 553(d)(3))
authorize agencies to dispense with certain notice procedures for rules
when they find ``good cause'' to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
The FAA finds that notice and public comment to this final rule is
unnecessary. This final rule adds language to allow the use of CRSs
that have received FAA approval through a TC, STC, or TSO, without
having to go through the exemption process. Prior public comment is
unnecessary because this amendment simply allows alternative processes,
such as the TC, STC, or TSO processes, by which a CRS can be approved
for use in aircraft. We do not anticipate significant public comment on
this amendment, since it does not impose a requirement. In addition,
there is already precedent for allowing alternative methods of
approving a CRS that do not have required labeling for use in aircraft.
In the current rule, this includes a label showing approval from a
foreign government or a label showing the CRS was manufactured under
the standards of the United Nations.
Adding this language will not have an adverse safety impact,
because the language merely recognizes alternative approval processes
for CRSs, and makes FAA-approved CRSs available to operators and their
passengers without using the exemption process. As a result, the FAA
has determined that there is no reason to further delay this relief and
good cause exists for making this rule effective 30 days after
publication.
Economic Assessment, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Final rules to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act requires agencies to consider international standards and, where
appropriate, that they be the basis for U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation).
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If it is determined that the expected cost impact is so
minimal that a rule does not warrant a full evaluation, this order
permits that a statement to that effect and the basis for it be
included in the preamble and a full regulatory evaluation cost benefit
evaluation need not be prepared. Such a determination has been made for
this rule. The reasoning for that determination follows.
[[Page 50906]]
This final rule adds language to allow the use of CRSs that have
received FAA approval, through a TC, STC, or TSO, without having to go
through the exemption process. This final rule simply allows
alternative processes, such as the TC, STC, or TSO processes, by which
a CRS can be approved for use in aircraft. Adding this language does
not have an adverse safety impact, because the language merely
recognizes alternative approval processes for CRSs. This final rule
reduces the regulatory burden to industry by taking away the necessity
to go through the exemption process after the successful completion of
the rigorous TC, STC, or TSO process for a particular CRS. It also
lessens the need for FAA resources to process numerous exemption
requests.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA. However, if an agency determines that a proposed or final rule
is not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and a regulatory flexibility analysis
is not required. The certification must include a statement providing
the factual basis for this determination, and the reasoning should be
clear.
This final rule adds language to allow the use of CRSs that have
received FAA approval through a TC, STC or TSO, without having to go
through the exemption process. Its economic impact is minimal.
Therefore, we certify that this action will not have a significant
economic impact on a substantial number of small entities.
Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this rulemaking and has determined that it will
have only a domestic impact and therefore no effect on any trade-
sensitive activity.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II of the Act, therefore, do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action does not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore would not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this final rule qualifies for the categorical exclusion
identified in paragraph 312f and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects
14 CFR Part 91
Aircraft, Aviation safety.
14 CFR Part 121
Air carriers, Safety, Transportation.
14 CFR Part 125
Aircraft, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Aviation safety.
The Amendments
0
In consideration of the foregoing the Federal Aviation Administration
amends Chapter I of Title 14 Code of Federal Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 Stat.1180).
0
2. Amend Sec. 91. 107 by revising paragraphs (a)(3)(iii)(B)(3) and (4)
to read as follows:
Sec. 91.107 Use of safety belts, shoulder harnesses, and child
restraint systems.
(a) * * *
(2) * * *
(3) * * *
(iii) * * *
(B) * * *
(3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1)
and (a)(3)(iii)(B)(2) of this section must bear a label or markings
showing:
(i) That the seat was approved by a foreign government;
(ii) That the seat was manufactured under the standards of the
United Nations; or
(iii) That the seat or child restraint device furnished by the
operator was
[[Page 50907]]
approved by the FAA through Type Certificate, Supplemental Type
Certificate, or applicable Technical Standard Order.
(4) Except as provided in Sec. 91.107(a)(3)(iii)(B)(3)(iii),
notwithstanding any other provision of this section, booster-type child
restraint systems (as defined in Federal Motor Vehicle Safety Standard
No. 213 (49 CFR 571.213)), vest- and harness-type child restraint
systems, and lap held child restraints are not approved for use in
aircraft; and
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
3. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.
0
4. Amend Sec. 121.311 by revising paragraphs (b)(2)(ii)(C) and (D) to
read as follows:
Sec. 121.311 Seats, safety belts, and shoulder harnesses.
(b) * * *
(2) * * *
(ii) * * *
(C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and
(b)(2)(ii)(B) of this section must bear a label or markings showing:
(1) That the seat was approved by a foreign government;
(2) That the seat was manufactured under the standards of the
United Nations; or
(3) That the seat or child restraint device furnished by the
certificate holder was approved by the FAA through Type Certificate,
Supplemental Type Certificate, or applicable Technical Standard Order.
(D) Except as provided in Sec. 121.311(b)(2)(ii)(C)(3),
notwithstanding any other provision of this section, booster-type child
restraint systems (as defined in Federal Motor Vehicle Safety Standard
No. 213 (49 CFR 571.213)), vest- and harness-type child restraint
systems, and lap held child restraints are not approved for use in
aircraft; and
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
5. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-4717, 44722.
0
6. Amend Sec. 125.211 by revising paragraphs (b)(2)(ii)(C) and (D) to
read as follows:
Sec. 125.211 Seat and safety belts.
(b) * * *
(2) * * *
(ii) * * *
(C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and
(b)(2)(ii)(B) of this section must bear a label or markings showing:
(1) That the seat was approved by a foreign government;
(2) That the seat was manufactured under the standards of the
United Nations; or
(3) That the seat or child restraint device furnished by the
certificate holder was approved by the FAA through Type Certificate,
Supplemental Type Certificate, or applicable Technical Standard Order.
(D) Except as provided in Sec. 125.211(b)(2)(ii)(C)(3),
notwithstanding any other provision of this section, booster-type child
restraint systems (as defined in Federal Motor Vehicle Safety Standard
No. 213 (49 CFR 571.213)), vest- and harness-type child restraint
systems, and lap held child restraints are not approved for use in
aircraft; and
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
0
7. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
0
13. Amend Sec. 135.128 by revising paragraphs (a)(2)(ii)(C) and (D) to
read as follows:
Sec. 135.128 Use of safety belts and child restraint systems.
(a) * * *
(2) * * *
(ii) * * *
(C) Seats that do not qualify under paragraphs (a)(2)(ii)(A) and
(a)(2)(ii)(B) of this section must bear a label or markings showing:
(1) That the seat was approved by a foreign government;
(2) That the seat was manufactured under the standards of the
United Nations;
(3) That the seat or child restraint device furnished by the
certificate holder was approved by the FAA through Type Certificate,
Supplemental Type Certificate, or applicable Technical Standard Order.
(D) Except as provided in Sec. 135.128(a)(2)(ii)(C)(3),
notwithstanding any other provision of this section, booster-type child
restraint systems (as defined in Federal Motor Vehicle Safety Standard
No. 213 (49 CFR 571.213)), vest- and harness-type child restraint
systems, and lap held child restraints are not approved for use in
aircraft; and
* * * * *
Issued in Washington, DC, on July 28, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-16782 Filed 8-25-05; 8:45 am]
BILLING CODE 4910-13-P